Release, Liability WAIVER & Indemnity Agreement

(Read Carefully Before Signing)

In consideration of being permitted to participate in open mat sessions and/or sparring activities at SUMMIT BJJ, located at 1173 International Speedway BLVD, Daytona Beach – FL 32114 (the “Premises”), I, the undersigned visitor, enter into this Open Mat Visitor Release, Liability Waiver and Indemnity Agreement (“Agreement”) and hereby agree as follows:

1. Voluntary Participation and Nature of Activities
   I am voluntarily seeking to participate in open mat sessions and/or sparring activities at SUMMIT BJJ, which may include Brazilian jiu-jitsu, grappling, striking, mixed martial arts (MMA), and other martial arts-related activities. I understand that these activities involve close physical contact with other participants, including SUMMIT BJJ members, instructors, and other visitors, and occur on the Premises with no direct supervision by SUMMIT BJJ instructors. I acknowledge that I have the choice to not participate in any or all activities offered during the open mat session.

2. Assumption of Risk
   I fully understand and acknowledge that participation in open mat sessions and sparring activities is INHERENTLY DANGEROUS and involves significant risks, including but not limited to:
   A. Bodily injury, partial and/or total disability, paralysis, or death.
   B. Social and economic losses that could result from these risks.
   C. Risks caused by my actions, inactions, or negligence; the actions, inactions, negligence, or skill level of other participants (including SUMMIT BJJ members and other visitors); the rules of the session; or the condition of the facilities or equipment used.
   D. Exposure to and transmission of infectious diseases (e.g., COVID-19, MRSA, ringworm) due to close physical contact with others and shared equipment.
   E. Other risks not known or reasonably foreseeable at this time.
   I accept and assume all such risks, both known and unknown, and take full responsibility for any injuries, illnesses, losses, or damages I may sustain, whether caused by SUMMIT BJJ, other participants, or otherwise.

3. Physical Condition and Safety Gear
   I represent and warrant that I am in proper physical condition to participate in open mat sessions and sparring activities, understanding the demanding nature of these activities. I agree to disclose any medical conditions, ailments, or issues to SUMMIT BJJ prior to participation, and I understand that failure to do so waives SUMMIT BJJ’s liability for any resulting injuries or outcomes. I acknowledge that it is my sole responsibility to provide and use appropriate safety gear (e.g., mouthguards, rash guards, protective cups) and assume all risks associated with my failure to do so.

4. Use of Facilities and Equipment
   I understand and accept that I use all equipment and facilities “as-is” and at my own risk, and I hold SUMMIT BJJ harmless from any consequences resulting therefrom, including injury, illness, or death. I may refuse to use any equipment or facilities, but SUMMIT BJJ is not obligated to provide alternatives or compensate me for such refusal.

5. Photos and Videos
   I understand that photos and videos may be taken during open mat sessions, and I authorize SUMMIT BJJ to use these in social media (e.g., Instagram, Twitter, Yelp, Facebook) and on the SUMMIT BJJ website or related publicity without compensation to me.

6. Release and Waiver of Liability
   I HEREBY FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE SUMMIT BJJ, its affiliates, owners, managers, promoters, lessees, directors, officers, agents, employees, members, or other participants, from all liability for any and all claims, demands, losses, or damages arising out of or relating to my participation in open mat sessions or sparring activities, including but not limited to injuries, illnesses, or death caused by the negligence of SUMMIT BJJ, the actions or inactions of other participants (including SUMMIT BJJ members and other visitors), or any rescue/emergency actions or medical treatment undertaken by SUMMIT BJJ. This Agreement extends to my personal representatives, assigns, executors, heirs, and next of kin.

6.5. I understand that SUMMIT BJJ permits visitors from other martial arts gyms or unaffiliated individuals to participate in open mat sessions or sparring activities on the Premises with no direct supervision by SUMMIT BJJ instructors. These visitors have no formal affiliation with SUMMIT BJJ and are not under the control of SUMMIT BJJ staff. I acknowledge that my participation in open mat sessions, including sparring with such visitors, is entirely voluntary. I assume all risks associated with interacting with these visitors, including but not limited to bodily injury, disability, paralysis, death, or damage to personal property, whether caused by the actions, inactions, negligence, or skill level of the visitors or otherwise. I agree to hold SUMMIT BJJ, its affiliates, owners, managers, promoters, lessees, directors, officers, agents, employees, and other participants harmless from any and all claims, demands, losses, or damages arising out of or related to my participation in open mat sessions with visitors, including injuries sustained during sparring or other activities. This Agreement shall extend to and include all interactions with such visitors during their presence on the Premises.

1. Indemnity
   I agree to hold SUMMIT BJJ harmless and reimburse SUMMIT BJJ for any and all costs incurred on my behalf, including but not limited to damages to gym property, equipment, or facilities caused by my actions or negligence.

2. Rules and Conduct
   I acknowledge that I have received, read, and agree to abide by SUMMIT BJJ’s rules, policies, and code of conduct for open mat sessions, including maintaining proper hygiene, wearing appropriate attire, and following any guidelines provided by SUMMIT BJJ staff. I understand that failure to comply may result in my removal from the session without refund, and I assume all risks associated with non-compliance, including injury to myself or others.

3. Governing Law and Dispute Resolution
   This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles. Should any legal dispute arise out of this Agreement, I agree to resolve such disputes through binding arbitration in Daytona Beach, Florida, in accordance with the rules of the American Arbitration Association. I waive my right to a jury trial and agree to pay all attorney’s fees and costs reasonably incurred by SUMMIT BJJ in defense of any such dispute.

4. Severability
   I agree that this Agreement is intended to be as broad and inclusive as permitted by law. If any portion is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect.

 

I HAVE READ THIS OPEN MAT VISITOR RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY COERCION, INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY FROM SUMMIT BJJ TO THE FULLEST EXTENT PERMITTED BY LAW.