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RELEASE AND WAIVER OF LIABILITY FOR JIU JITSU TRAINING AND ATHLETIC ACTIVITIES

Rolling Tide Jiu Jitsu LLC

State of California 

This Release and Waiver of Liability Agreement (hereinafter "Agreement") is entered into on {sign_date}  between Rolling Tide Jiu Jitsu LLC, a California Limited Liability Company (hereinafter "Rolling Tide Jiu Jitsu"), and the undersigned individual (hereinafter "Participant").

WHEREAS, Rolling Tide Jiu Jitsu provides martial arts training and facilities for physical athletic activities; and

WHEREAS, the Participant desires to engage in potentially dangerous physical training activities with full awareness of associated risks;

NOW, THEREFORE, in consideration of being permitted to participate in jiu jitsu training, classes, sparring, and related martial arts instruction (collectively "Activities"), the Participant agrees as follows:

1. DEFINITIONS

1.1 "Rolling Tide Jiu Jitsu" refers to Rolling Tide Jiu Jitsu, its owners, directors, officers, employees, agents, volunteers, instructors, and representatives.
1.2 "Participant" means the individual signing this Agreement or, in the case of a minor, the individual for whom a parent or legal guardian is signing.
1.3 "Activities" include, but are not limited to:
a) Jiu jitsu training sessions and classes
b) Sparring and live grappling practice
c) Strength and conditioning exercises
d) Use of training equipment and facilities
e) Participation in Rolling Tide Jiu Jitsu-sponsored events or competitions

2. COMPREHENSIVE RISK ACKNOWLEDGMENT

2.1 Specific Training Risks: The Participant expressly acknowledges and assumes the risk of injuries including, but not limited to:
a) Orthopedic injuries (e.g., joint dislocations, ligament tears, bone fractures)
b) Neurological risks (e.g., concussions, temporary or permanent brain injury, spinal cord injuries)
c) Soft tissue damage (e.g., contusions, lacerations, abrasions)
d) Cardiovascular stress and related conditions
e) Potential catastrophic injuries or death resulting from grappling techniques, throws, or submissions

2.2 Equipment and Facility Risks: The Participant acknowledges risks associated with:
a) Training mats (e.g., skin burns, impact injuries)
b) Grappling dummies and other training apparatus
c) Weight training equipment
d) Structural elements of the training facility (e.g., walls, floors, fixtures)

2.3 Environmental and Hygiene Risks:
a) Exposure to communicable diseases, including but not limited to COVID-19, influenza, and skin infections
b) Allergic reactions to cleaning products or materials used in the facility
c) Injuries resulting from environmental factors such as lighting, temperature, or ventilation

3. EXPRESS ASSUMPTION OF RISK

3.1 Voluntary Participation: The Participant, being fully aware of the risks outlined in Section 2 and other unanticipated risks, voluntarily chooses to participate in the Activities.
3.2 Acknowledgment of Inherent Danger: The Participant understands and agrees that:
a) Martial arts, including jiu jitsu, involve inherent and significant risks of personal injury
b) Injuries can occur despite professional instruction and proper safety precautions
c) No amount of care, caution, instruction, or expertise can eliminate all risks

4. LIABILITY RELEASE AND COVENANT NOT TO SUE

4.1 The Participant, on behalf of themselves, their heirs, assigns, personal representatives, and next of kin, hereby releases, indemnifies, and holds harmless Rolling Tide Jiu Jitsu from any and all claims, demands, losses, and liability arising out of or related to any injury, disability, or death the Participant may suffer, or loss or damage to person or property, whether arising from the negligence of Rolling Tide Jiu Jitsu or otherwise, to the fullest extent permitted by law.
4.2 The Participant expressly agrees not to sue or make a claim against Rolling Tide Jiu Jitsu for any loss, damage, or injury sustained during or as a result of participation in the Activities.
4.3 Exclusions: This release does not apply to injuries caused by Rolling Tide Jiu Jitsu's gross negligence or willful misconduct.

5. MEDICAL AUTHORIZATION AND HEALTH WARRANTY

5.1 Emergency Medical Treatment: In the event of injury or medical emergency, the Participant authorizes Rolling Tide Jiu Jitsu to:
a) Secure and retain medical treatment and transportation if needed
b) Release Participant's medical information to treating medical personnel
c) Take any action considered necessary in Rolling Tide Jiu Jitsu's discretion
5.2 The Participant agrees to be responsible for any and all costs associated with medical care and transportation.
5.3 Health Warranty: The Participant warrants that they:
a) Are in good health and have no physical conditions that would prevent safe participation in the Activities
b) Will inform Rolling Tide Jiu Jitsu of any changes in their health or medical condition
c) Understand Rolling Tide Jiu Jitsu recommends consulting with a physician prior to participating in the Activities

6. COMMUNICABLE DISEASE AND PANDEMIC PROTOCOLS

6.1 The Participant acknowledges the risk of exposure to communicable diseases, including COVID-19, and agrees to:
a) Comply with all Rolling Tide Jiu Jitsu health and safety protocols
b) Follow guidelines issued by local, state, and federal health authorities
c) Self-exclude from participation if experiencing symptoms of illness
d) Inform Rolling Tide Jiu Jitsu of any known exposure to communicable diseases
6.2 Rolling Tide Jiu Jitsu reserves the right to:
a) Modify or suspend Activities in response to public health concerns
b) Require health screenings or proof of vaccination as a condition of participation
c) Exclude Participants who do not comply with health and safety protocols

7. INSURANCE AND INDEMNIFICATION

7.1 Personal Insurance: The Participant confirms they maintain adequate personal health and accident insurance coverage.

7.2 Indemnification: The Participant agrees to indemnify and hold harmless Rolling Tide Jiu Jitsu against any claims, actions, or lawsuits brought by third parties arising from the Participant's actions or participation in the Activities.
7.3 Waiver of Subrogation: The Participant waives all subrogation rights against Rolling Tide Jiu Jitsu under any insurance policies.

8. MEDIA RELEASE

8.1 The Participant grants permission to Rolling Tide Jiu Jitsu to use their likeness in photographs, videos, or other media in any and all of its publications, including web-based publications, without payment or other consideration.

9. SEVERABILITY AND INTEGRATION

9.1 Severability: If any portion of this Agreement is held invalid, it is agreed that the balance shall continue in full legal force and effect.
9.2 Integration: This Agreement constitutes the entire agreement between the parties and supersedes any oral or written communications or representations.

10. JURISDICTION AND GOVERNING LAW

10.1 This Agreement shall be governed by and construed in accordance with the laws of the State of California.
10.2 Any legal action relating to this Agreement or the Activities shall be commenced exclusively in the Superior Court of California, County of Orange. 

11. TERM AND RENEWAL

11.1 This Agreement shall remain in full force and effect from the date of signing until explicitly revoked in writing by the Participant or terminated by Rolling Tide Jiu Jitsu.
11.2 Rolling Tide Jiu Jitsu reserves the right to require renewal or re-execution of this Agreement on an annual basis or upon material changes to the Activities or facility.

12. ACKNOWLEDGMENT OF UNDERSTANDING

The Participant acknowledges that they have:
a) Read this entire Agreement
b) Had the opportunity to ask questions and receive explanations
c) Understood and voluntarily agreed to its terms
d) Signed freely and without inducement or assurance of any nature

13. PROVISIONS RELATING TO MINORS

13.1 If the Participant is under 18 years of age, a parent or legal guardian must sign this Agreement.
13.2 The parent or guardian acknowledges:
a) The inherent risks of the Activities to the minor Participant
b) Their responsibility to explain the risks and provisions of this Agreement to the minor
c) Their consent to the minor's participation in the Activities
13.3 Age Restrictions: Participants under the age of 18 are prohibited from engaging in live sparring or competition without explicit parental consent and instructor approval.

1. MODIFICATION CLAUSE
This Agreement may only be amended or modified by a written instrument executed by both parties. No verbal modifications shall be binding.

2. TIME LIMITATION CLAUSE
This waiver shall remain in effect for the duration of the Participant's membership with Rolling Tide Jiu Jitsu, or for a period of one year from the date of signing, whichever is longer.

3. EMERGENCY CONTACT INFORMATION
The Participant agrees to provide accurate emergency contact information and authorizes Rolling Tide Jiu Jitsu to contact the designated individual(s) in case of emergency.

4. DISPUTE RESOLUTION CLAUSE
Any dispute arising out of or relating to this Agreement shall first be submitted to mediation. If mediation is unsuccessful, the dispute shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association.

IN WITNESS WHEREOF, the Participant (or parent/guardian if applicable) has affixed their signature hereto on the date set forth below.

PARTICIPANT SIGNATURE:
PRINTED NAME: {name}
DATE: {sign_date}

FOR PARTICIPANTS UNDER 18 YEARS OF AGE: {name}
PARENT/GUARDIAN SIGNATURE:
PRINTED NAME: {name}
RELATIONSHIP TO MINOR:
DATE: {sign_date}

ROLLING TIDE JIU JITSU REPRESENTATIVE SIGNATURE:
PRINTED NAME: {name}
TITLE:
DATE: {sign_date}

    Rolling Tide Jiu Jitsu LLC
    24655 La Plaza, Ste. C, Dana Point, CA 62629