RELEASE OF LIABILITY AND
ASSUMPTION OF RISK
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RELEASE OF LIABILITY AND ASSUMPTION OF RISK
The individual named below (referred to as “I” or “me” or the “Customer”) desires to voluntarily participate in
Brazilian jiu-jitsu and other physical/martial arts training (the “Activity,” which includes participation in the
Activity and my entering the premises) provided by Formula BJJ, LLC, a Michigan limited liability company (the
“Company”). In consideration of being permitted by the Company to engage in the Activity (including utilizing
the services/facility/equipment), the intangible value that I will gain by participating in the Activity, and in
recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this agreement
(this “Release”).
1. ASSUMPTION OF RISK AND INFECTIOUS DISEASES. I am aware and understand that the
Activity is an inherently dangerous activity and involves significant risk of serious injury, disability, death, or
property damage. These risks are open and obvious. The Activity is a martial art and involves strenuous
physical activity and extensive physical contact with other people and a mat, including, but not limited to,
joint locks, body throws, chokes, takedowns, ground fighting, and other similar activities. The Activity will
put me in close proximity to individuals’ respiration/respiratory droplets and other bodily fluids. I am also
aware of the highly contagious nature of bacterial and viral diseases, including, without limitation, the 2019
novel coronavirus disease (COVID-19)/other infectious diseases (collectively, the “Disease”) and the risk
that I may be exposed to or contract the Disease by engaging in the Activity, which may result in serious
illness, personal injury, disability, death, or property damage and to others. I understand that Disease can
likely be spread by persons who have no apparent symptoms. I understand that Company is not required to
screen for Disease and is not responsible for any transmission that occurs. Further, I am aware of the risk
that due to changing laws/regulations/executive orders, there may be allegations that my participation in the
Activity or the operations of the Company are alleged to be improper.
I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of
Company employees/contractors/instructors or others (including other participants), including negligent
emergency response or rescue operations of the Company. I understand that the Company cannot guarantee
that I will not be injured or become infected with the Disease due to my participation in the Activity and
that engaging in the Activity may increase my risk of contracting the Disease. NOTWITHSTANDING
THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE
ACTIVITY WITH FULL KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO
ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY
DAMAGE/LOSS/THEFT ARISING FROM OR RELATED TO THE ACTIVITY OR THE DISEASE,
WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY, MISTAKE, FAILURE TO
SUPERVISE, OR OTHERWISE.
2. WAIVER/RELEASE. I, on my own behalf, and, if the Customer is minor, on behalf of the Customer,
hereby expressly waive, release, discharge, and hold harmless against any and all claims or liabilities or
damages, now known or hereafter known, against other customers of the Company and the Company, and
its officers, owners, volunteers, directors, instructors, manager(s), employees, contractors, agents, affiliates,
shareholders/members, successors, and assigns (collectively, “Releasees”), on account of injury, illness,
accidents, disability, death, or property damage/loss/theft arising out of or attributable to the Activity,
whether arising out of the ordinary negligence of the Releasees or otherwise. I/Customer covenant not to
make or bring any such claim against the Releasees and forever release and discharge the Releasees from
liability under such claims. I expressly agree I intend for this Release to be as broad, and cover,
claims/liabilities/damages to the fullest extent permitted by law.
RELEASE OF LIABILITY AND
ASSUMPTION OF RISK
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3. YOUR CURRENT AND FUTURE PHYSICAL HEALTH. I have been advised to consult with a
physician prior to beginning the Activity. I confirm that I am: (a) in good health, in proper physical
condition, and do not have any medical or other conditions that would impair my ability to participate in the
Activity; (b) not experiencing symptoms of the Disease (such as cough, shortness of breath, sore throat,
chills, body aches, loss of taste or smell/other symptoms); and (c) I do not have a confirmed or suspected
case of the Disease and have not come in contact in the last 14 days with a person who has been confirmed
to have or suspected of having the Disease. I am familiar with and will comply with all federal, state, and
local laws, orders, directives, and guidelines related to the Disease while participating in the Activity,
including, without limitation, requirements related to hand sanitation, social distancing, and use of face
coverings and safety equipment. I will also follow all instructions, recommendations, and cautions of the
Company at all times during the Activity. If at any time I believe conditions to be unsafe, that I am no
longer in proper physical health to participate in the Activity, or I begin experiencing symptoms of the
Disease or come into contact with the Disease, I will immediately discontinue further participation in
the Activity. I agree not to enter the premises if any of these conditions exist.
4. INDEMNIFICATION. I will defend, indemnify, and hold harmless the Releasees against any and all
losses, damages, liabilities, deficiencies, claims, actions, causes of action, judgments, settlements, interest,
awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of
enforcing any right to indemnification under this Release, the cost of pursuing any insurance providers, any
damages incurred by/awarded against any Releasees in a final judgment, arising out or resulting from any
claim by me or of a third party related to the Activity, including any claim related to my own negligence or
the ordinary negligence of the Releasees. In the event that I am a parent/guardian of the Customer, I
expressly agree to indemnify, defend, and hold the Releasees harmless from and against any/all expenses,
claims, damages, costs, claims, causes of action, or other liabilities that are brought by or asserted by the
Customer, even if brought by the Customer directly or by me (or others) on behalf of the Customer.
5. MEDICAL TREATMENT. I hereby consent to receive medical treatment deemed necessary if I am
injured or require medical attention during my participation in the Activity. I understand and agree that I am
solely responsible for all costs related to such medical treatment and any related medical transportation or
evacuation. I hereby release, forever discharge, and hold harmless the Releasees from any claim based on
such treatment or other medical services.
6. MISCELLANEOUS. I agree that this Release will be binding and of full force and effect upon my heirs,
assigns, executors, estate, personal representatives, and guardians, including parents, durable powers of
attorney, or next of kin. This Release constitutes the sole and entire agreement of the Company and me with
respect to the subject matter contained herein and supersedes all prior and contemporaneous
understandings, agreements, representations, and warranties, both written and oral, with respect to such
subject matter. If any term or provision of this Release is invalid, illegal, void by law, or unenforceable in any
jurisdiction: (i) such problem shall not affect any other term or provision of this Release or invalidate or
render unenforceable such term or provision or this Release; (ii) that provision will be construed and
enforced as if it had been more narrowly drawn so as not to be illegal, invalid, void by law, or unenforceable,
and such illegality, invalidity or unenforceability will not affect and will not impair the enforceability of any
other provision of this Release; (iii) this Release will remain enforceable to the fullest extent permitted by
law, and any court, arbitrator or valid adjudicator will make such adjustments in the language of this Release
as may be necessary to enforce the provisions hereof, and the offending provision will be modified by the
RELEASE OF LIABILITY AND
ASSUMPTION OF RISK
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adjudicator and interpreted so as to accomplish the objectives of the original provision to the fullest extent
permitted by law; and (iv) the remaining provisions of this Release will remain in effect and be severable and
will not be affected by any such determination of invalidity. The Parties collectively acknowledge and agree
that they intend for this Agreement to be interpreted and enforced to the broadest extent permitted by law.
The parties will not claim or assert illegality as a defense to the enforcement of this Release or any provision
hereof. This Release is binding on and shall inure to the benefit of the Company/Releasees and their
respective successors and assigns. All matters arising out of or relating to this Release shall be governed by
and construed in accordance with the internal laws of the State of Michigan without giving effect to any
choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction). Any
claim or cause of action arising under this Release may be brought only in the federal and state courts
located in Oakland County, Michigan, and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS
OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS,
INCLUDING THE RIGHT TO SUE THE COMPANY. I ACKNOWLEDGE THAT I HAVE BEEN OFFERED THE
OPPORTUNITY TO COPY THIS RELEASE. I CONFIRM ALL OF MY QUESTIONS WERE ANSWERED TO
MY SATISFACTION.
{name}
{sign_date}
{address} {phone}
FOR MINORS ONLY
I am the parent/legal guardian of the minor named herein. I have the legal right to consent and, by signing below,
I hereby do consent to the terms/conditions of this Release of Liability and Assumption of Risk on behalf of
myself and the minor-Customer.
BY SIGNING BELOW, I AM AGREEING TO THIS RELEASE BOTH ON BEHALF OF MYSELF AND
ON BEHALF OF THE MINOR.
{name}
{address}
{sign_date}
Printed Name of Minor:
Formula Jiu Jitsu