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Photo Release

In addition, I grant permission to Mooresville Brazilian Jiu Jitsu. and its agents or employees, to use photographs taken of me or my minor child/children in classes or events of Mooresville BJJ. for use in publications such as brochures, newsletters, and magazines, and to use the photographs on display boards, and to use such photographs in electronic versions of the same publications or on Mooresville BJJ web sites or other electronic form or media, and to offer them for use or distribution in other non-company publications, electronic or otherwise, without notifying me. I hereby waive any right to inspect or approve the finished photographs or printed or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the photograph. I hereby agree to release, defend, and hold harmless Mooresville BJJ and its agents or employees, including any firm publishing and/or distributing the finished product in whole or in part, whether on paper or via electronic media, from and against any claims, damages or liability arising from or related to the use of the photographs, including but not limited to any misuse, distortion, blurring, alteration, optical illusion or use in composite form, either intentionally or otherwise, that may occur or be produced in taking, processing, reduction or production of the finished product, its publication or distribution. 

Automated Membership Billing

In consideration of the opportunity to participate in activities sponsored at Mooresville Brazilian Jiu Jitsu, I have read and agree to the following terms and conditions with my membership.

Members are billed every 30 days for the duration of their membership. Billing for Membership is automatic and will occur independently of attendance or participation in classes. Memberships are set to renew automatically unless canceled in writing. Membership changes or cancellations must be filed by submitting in writing with at least thirty (30) days advanced notice. Failure to meet the cancellation deadlines stated above will result in the member being responsible for any remaining obligations for the duration of their membership or until such time as the cancellation is properly entered. Mooresville Brazilian Jiu Jitsu does not grant credit or issue refunds for missed classes or dues that occur from member’s failure to file changes before applicable deadlines. Mooresville Brazilian Jiu Jitsu is not responsible for any bank fees incurred by the member. Mooresville Brazilian Jiu Jitsu has the sole right to modify any payment due date and to resubmit returned or declined items (plus applicable fees) without prior notice. Refunds or credits will only be considered in the case of a billing error on the part of Mooresville Brazilian Jiu Jitsu. Refunds issued by Mooresville Brazilian Jiu Jitsu will be processed within 30 days of the request of the member.

Members are in full control of their billing. If at any time after the initial membership a member decides to discontinue, the guidelines stated herein must be abided by.

• {name} - Full name
• {dob} - Date of birth
• {address} - Member address
• {phone} - Phone number
• {duration} - Document duration in months
• {contact_name} - Emergency contact (if member has any)
• {contact_phone} - Emergency contact phone
• {contact_relation} - Emergency contact relation
• {sign_date} - Date document was signed (if applicable)

MOORESVILLE BRAZILIAN JIU-JITSU

RELEASE OF LIABILITY, WAIVER, ASSUMPTION OF RISK, INDEMNIFICATION,

AND HOLD-HARMLESS AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A LEGAL CONTRACT THAT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE.

This Agreement is entered into by and between the participant identified in the signature block below (the “Participant”) and Mooresville Brazilian Jiu-Jitsu, a martial-arts academy operated by Mooresville Brazilian Jiu Jitsu LLC  (the “Academy”), located at 243 Overhill Dr, Suite A, Mooresville, North Carolina 28117.

In consideration of being permitted to enter the Academy’s premises and to participate in any way in Brazilian Jiu-Jitsu, grappling, martial-arts instruction, training, sparring, open mat, competition, fitness activities, demonstrations, seminars, events, and any related activities offered or sponsored by the Academy, whether on or off the premises (collectively, the “Activities”), the Participant, on behalf of the Participant and the Participant’s heirs, next of kin, spouse, executors, administrators, personal representatives, estate, and assigns (collectively, the “Releasing Parties”), agrees as follows.

1. RELEASED PARTIES

As used in this Agreement, “Released Parties” means the Academy and its owners, members, managers, officers, directors, instructors, coaches, employees, independent contractors, volunteers, agents, representatives, and other students and participants, together with the Academy’s parent, subsidiary, and affiliated entities; its affiliated martial-arts organizations and governing bodies (including any academy or instructor affiliation under which the Academy operates); event and program sponsors; and the owners and lessors of the premises where any Activity occurs, and each of their respective heirs, successors, and assigns.

2. VOLUNTARY PARTICIPATION; NATURE OF THE ACTIVITY

The Participant acknowledges and agrees that participation in the Activities is purely voluntary and recreational; that the Activities are elective and are not an essential service, a public necessity, or a service affected with a public interest; that the Participant is under no obligation to participate and is free to decline or to withdraw at any time; and that comparable instruction is available from other providers. The Participant has had a full and fair opportunity to read this Agreement, to ask questions, and to seek independent legal advice before signing, and the Participant enters into this Agreement freely, knowingly, and without any inequality of bargaining power.

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3. ACKNOWLEDGMENT AND ASSUMPTION OF RISK

The Participant understands that Brazilian Jiu-Jitsu and the other Activities are physical-contact combat and grappling activities that are inherently and unavoidably dangerous, and that participation carries a real risk of injury that may be minor, serious, catastrophic, or fatal. The Participant knowingly, freely, and expressly ASSUMES ALL RISK of such injury, whether known or unknown, anticipated or unanticipated, and accepts personal responsibility for any resulting harm. These risks arise not only from the Participant’s own acts or omissions, but also from the acts, omissions, or negligence of the Released Parties, of other participants, and of third parties, as well as from the rules of participation and the condition of the premises, mats, and equipment. Such risks include, but are not limited to:

• scrapes, cuts, bruises, sprains, strains, dislocations, fractures, and broken bones;

• joint, ligament, tendon, muscle, neck, spine, and back injuries;

• loss of consciousness, concussion, and other traumatic brain injury;

• heart attack, stroke, heat illness, and other medical events;

• permanent disability, paralysis, and death; and

• injury caused by the condition of the facility, mats, or equipment, or by the conduct of instructors, training partners, or other participants.

The Participant agrees to inspect the premises, mats, and equipment, and to assess each training partner and pairing, before participating, and to immediately stop and notify an instructor if the Participant believes anything is unsafe or beyond the Participant’s ability, and to decline to participate in that circumstance. The Participant further understands that new and additional risks may arise that cannot reasonably be foreseen at this time, and the Participant assumes those risks as well.

4. EXPOSURE TO INFECTIOUS DISEASE

The Participant understands that close physical contact during the Activities creates a risk of exposure to and transmission of communicable and infectious diseases, including but not limited to staph and MRSA, ringworm and other skin infections, influenza, COVID-19, and other viral, bacterial, and fungal illnesses. The Participant understands that hygiene rules and personal precautions reduce but cannot eliminate this risk, that the risk includes serious illness and death, and the Participant knowingly and voluntarily assumes this risk as part of participating in the Activities.

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5. RELEASE OF LIABILITY AND COVENANT NOT TO SUE

To the fullest extent permitted by the law of the State of North Carolina, the Releasing Parties hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Released Parties from, and agree that the Released Parties shall not be liable for, any and all claims, demands, causes of action, liabilities, losses, damages, costs, and expenses of any kind (including claims for personal injury, illness, permanent disability, death, and damage to or loss of property, and including the Participant’s own claims and any derivative or wrongful-death claims of the Releasing Parties), that arise out of or relate in any way to the Participant’s presence at the premises or participation in the Activities, EVEN IF CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF ANY OF THE RELEASED PARTIES, and whether such claim is based in negligence, contract, premises liability, or any other theory.

The Participant intends this release to be as broad and inclusive as is permitted by North Carolina law, and agrees that if any portion is held invalid or unenforceable, the remainder shall continue in full force and effect. The Participant understands that this Section expressly includes claims arising from the ordinary negligence of the Released Parties, and that the word “negligence” is used intentionally and is understood by the Participant.

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6. LIMITS OF THIS AGREEMENT

Nothing in this Agreement releases, or is intended to release, any Released Party from liability for gross negligence, willful or wanton conduct, or intentional misconduct, or for any liability that may not lawfully be waived or released under North Carolina law. The release and waiver in this Agreement are limited to the maximum extent that they are enforceable, and the inclusion of any matter that cannot lawfully be released shall not affect the enforceability of the release as to all other matters.

7. INDEMNIFICATION AND HOLD HARMLESS

To the fullest extent permitted by North Carolina law, the Releasing Parties agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, causes of action, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) brought by or on behalf of the Participant, the Releasing Parties, or any third party, arising out of or relating to the Participant’s presence at the premises or participation in the Activities, except to the extent such claim arises from the gross negligence, willful or wanton conduct, or intentional misconduct of a Released Party.

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8. MEDICAL TREATMENT AUTHORIZATION

In the event of injury or illness, the Participant authorizes the Academy and its instructors and staff to arrange for first aid and emergency medical care, and consents to examination, treatment, and transport by physicians, nurses, athletic trainers, paramedics, and other emergency medical personnel. The Participant understands that the Participant (or, for a minor, the parent or guardian) is responsible for all costs of such care and is responsible for disclosing any medical condition, injury, or limitation relevant to safe participation. The Participant represents that the Participant is physically fit and has no condition that would make participation unsafe, or has obtained a physician’s clearance to participate.

9. RULES AND CONDUCT

The Participant acknowledges receiving, reviewing, and agreeing to abide by the rules, policies, and instructions of the Academy and its instructors, including all hygiene, safety, and conduct requirements. The Participant agrees to follow all instructions and to train within the Participant’s and partner’s ability and comfort level, and to “tap” early and often.

10. ADDITIONAL TERMS FOR A MINOR PARTICIPANT (UNDER 18)

Complete this Section only if the Participant is under 18 years of age. The person signing as parent or legal guardian (the “Parent”) represents that he or she is the parent or legal guardian of the minor Participant and has full legal authority to sign this Agreement on the minor’s behalf.

The Parent has read and understands every provision of this Agreement and agrees to all of them on behalf of the Parent and the minor Participant. The Parent acknowledges that the Activities are voluntary and recreational and that the minor’s participation is a benefit the Parent has chosen for the minor. To the fullest extent permitted by North Carolina law, the Parent, individually and on behalf of the minor Participant and the Parent’s and minor’s heirs, next of kin, and estate:

• releases, waives, and covenants not to sue the Released Parties to the same extent set out in Sections 5 and 6 above, including as to the minor’s claims and the Parent’s own claims (such as claims for the minor’s medical expenses and loss of the minor’s services and companionship); and

• agrees to indemnify, defend, and hold harmless the Released Parties, as set out in Section 7 above, from and against any claim brought by, on behalf of, or through the minor Participant arising out of or relating to the Activities, except to the extent such claim arises from gross negligence, willful or wanton conduct, or intentional misconduct of a Released Party.

The Parent understands that a court may decline to enforce a parent’s release of a minor child’s own claims, and the Parent agrees that the indemnification obligation above is intended to apply in that event and to allocate to the Parent the financial responsibility for any such claim. The Parent agrees that each provision of this Agreement is severable and that the unenforceability of any provision as to the minor’s direct claims shall not affect the enforceability of the Parent’s own release and indemnification obligations.

11. GOVERNING LAW; VENUE; SEVERABILITY; ENTIRE AGREEMENT

This Agreement is governed by the laws of the State of North Carolina, without regard to conflict-of-laws principles. The Participant agrees that the exclusive venue for any dispute arising out of or relating to this Agreement or the Activities shall be the state or federal courts located in Iredell County, North Carolina [confirm county]. If any provision of this Agreement is held invalid or unenforceable, that provision shall be enforced to the greatest extent permitted by law and the remaining provisions shall remain in full force and effect. This Agreement is binding upon the Releasing Parties and their heirs, next of kin, spouse, executors, administrators, personal representatives, estate, and assigns, and inures to the benefit of the Released Parties. This Agreement is the entire agreement between the parties regarding its subject matter and supersedes any prior or contemporaneous understandings; it may be amended only in a writing signed by the Academy. This Agreement remains in effect for as long as the Participant participates in the Activities, and applies to all past, present, and future participation, unless and until revoked in a writing delivered to and acknowledged by the Academy.

12. ACKNOWLEDGMENT

I HAVE READ THIS ENTIRE AGREEMENT. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR THEIR ORDINARY NEGLIGENCE. I UNDERSTAND THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY KIND, AND I INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

• {name} - Full name
• {dob} - Date of birth
• {address} - Member address
• {phone} - Phone number
• {contact_name} - Emergency contact
• {contact_phone} - Emergency contact phone
• {contact_relation} - Emergency contact relation
• {sign_date} - Date document was signed