PARTICIPANT AGREEMENT - WAIVER OF LIABILITY AND RELEASE
In exchange for good and valuable consideration, the undersigned hereafter referred to as “MEMBER” is entering into a contractual relationship with HONU BJJ to learn Brazilian Jiu Jitsu, a martial art. In exchange for the lessons, the MEMBER agrees to pay the fees highlighted above, to the use of their name and likeness for promotional materials and to all of the waivers and terms outlined below.
Cancelation, Modification or Freezing of Accounts
All billing changes including but not limited to revocation, cancelation, modification of agreement or temporary freezing of accounts requires a 30 day notice sent via email to firstname.lastname@example.org. The MEMBER understands that by signing this agreement, HONU BJJ is authorized to debit the MEMBER’s account until it is revoked or modified in writing with 30 days notice. Upon MEMBER cancelling, modifying or freezing their membership, the MEMBER’s account will be billed one final time at the prior rate, as all account changes take 30 days to update. MEMBER also agrees to allow his/her account to be debited a $25.00 fee for each returned check or declined debit transaction.
Waiver and Release of Liability
The MEMBER fully understands and agrees that training in, and practicing martial arts, Brazilian jiu jitsu, grappling, physical exercise, and any other activities that MEMBER chooses to engage in at HONU BJJ may cause great bodily injury or death. MEMBER’S participation in these activities is completely voluntary. MEMBER assumes all responsibility and liability for their actions and agrees to waive any and all claims or rights to sue HONU BJJ, its employees, agents, owners, students, other members or guests for any injuries they incur at HONU BJJ facilities. Member also holds HONU BJJ harmless for any damage or injury that MEMBER may incur or cause by the use of techniques learned at the academy for self-defense outside of the academy. MEMBER also agrees and attests that they are in good physical condition and have no known contagious diseases, ailments, viruses or impairments that would make training detrimental to their or anyone else’s health, safety or well-being. If MEMBER discovers that they have contracted anything contagious or dangerous to their or someone else's well being; It is the MEMBERS duty to cease participation until the condition is better. MEMBER also waives any and all rights to sue or hold HONU BJJ, its employees, agents, owners, students, other members or guests liable for contracting any viruses, dermatological conditions or diseases including but not limited to COVID -19 during their participation at HONU BJJ. HONU BJJ is not responsible for the loss or theft of any personal property.
California Civil Code Section 1542 Waiver
It is MEMBER’s intention to, and hereby does, fully, finally and forever release any and all claims, known or unknown, existing as of the date of this Agreement, without regard to the subsequent discovery or existence of any facts MEMBER may learn concerning the program, the Company or this Agreement.
It is further the intent of MEMBER to waive any and all rights and benefits afforded by California Civil Code section 1542, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
MEMBER understands and acknowledges the significance of this waiver of California Civil Code section 1542 and/or of any other applicable law relating to limitations on releases. The Parties hereby represent to one another that they have full power and authority to enter into this Agreement and carry out their obligations. The Parties acknowledge that they have each had an opportunity to consult legal representatives concerning this Agreement and the terms and conditions contained herein. MEMBER acknowledges that they have read and fully understand this waiver and agree in full to its terms.
Use of Name and Likeness for Advertising and Promotion
HONU BJJ regularly uses photographs or videos of classes and members for advertising and promotional materials to promote the company. MEMBER hereby gives HONU BJJ, their assignees, licensees, and legal representatives the irrevocable right to use their name or fictional name, video, picture, portrait, and/or photograph in all forms of media and in all manners, including composite or distorted representatives, for advertising, trade, or any other lawful purposes in perpetuity. MEMBER also agrees to waive the right to inspect or approve the finished version(s) including written copy that may be created in connection there in. MEMBER understands that they have no rights to any profits derived from any advertising using their name or likeness. MEMBER also attests that they are at least 18 years of age or accompanied by a guardian and have read this release, and are familiar with its contents.
In the event that there are any clauses or paragraphs in this contract that are invalid or unenforceable as a matter of law or equity, It is deemed by all parties that the clauses are construed to be severable and the rest of the contract and the clauses in it are still enforceable.