RICE BROTHERS BRAZILIAN JIU JITSU
WAIVER, RELEASE FROM LIABILITY, & POLICIES
1390 Biddle Road., Suite #106 Medford, OR 97504
We, the participant and the guarantor, if applicable, on behalf of ourselves, members of our family, our heirs, executors, administrators and assigns, hereby forever release, discharge and hold harmless, RICE BROTHERS BRAZILIAN JIU JITSU and RICE BROTHERS BRAZILIAN JIU JITSU representatives and agents for any injury, loss, or damage to my person, my child/ward’s person, or property howsoever caused arising out of or in connection with my taking part/my child/ward’s taking part in martial art classes and activities and not withstanding that the same may have been contributed to or occasioned by the negligence of RICEBROS BRAZILIAN JIU JITSU and RICE BROTHERS JIU JITSU representatives or agents. I hereby fully assume the risks of injury, illness, disability, death, or loss or damage to person or property inherent in, and/or in any way connected with, attending, participating in, and spectating RICE BROTHERS BRAZILIAN JIU JITSU even if arising from the negligence of other persons/person’s children/wards executing a similar waiver and release from liability. I release RICE BROTHERS BRAZILIAN JIU JITSU and its employees and agents from any liability for damages for use in any manner or media of the said rights and waive any and all claims and causes of action for damages. Please note: participants taking classes must supply their own equipment.
I agree that I and/or my child/ward am voluntarily participating in the activities offered by RICE BROTHERS BRAZILIAN JIU JITSU including, but not limited to, the use of the equipment, facilities and the premises. I am assuming on behalf of myself and/or child/ward, all risk of personal injury, death, or disability to myself and/or child/ward that may result from participation, or any damage, loss or theft of any personal property which me and/or child/ward may incur. I understand that the kids play area, work out room, upstairs lounge, mat space and surrounding areas have a variety of materials that may have inherent risks.
In consideration of my use of the exercise equipment and facilities provided by RICE BROTHERS BRAZILIAN JIU JITSU, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that RICE BROTHERS BRAZILIAN JIU JITSU and its insurers, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me and/or my child/ward on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of RICE BROTHERS BRAZILIAN JIU JITSU.
By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me and/or my child/ward and I hereby fully and forever release and discharge the company, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.
I expressly agree to indemnify and hold RICE BROTHERS BRAZILIAN JIU JITSU harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me and/or my child/ward.
I agree to be solely responsible for the safety and wellbeing of my child/ward and myself. I understand that RICE BROTHERS BRAZILIAN JIU JITSU does not provide supervision, instruction, or assistance for the use of the kids area and work out room and the equipment/materials within. I agree to comply with all rules imposed by RICE BROTHERS BRAZILIAN JIU JITSU regarding the use of the facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose. I understand and acknowledge that the use of exercise equipment/kids play area equipment/materials involves risk of serious injury, including permanent disability and death. I understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.
I understand that myself and/or child/ward will be engaging in recreational and sporting activities while using the kids play area, work out room, mat space, and upstairs lounge and it is my voluntary and informed decision to release any future lawsuits or claims that they may have against RICE BROTHERS BRAZILIAN JIU JITSU. Therefore, I agree on behalf of myself and my child/ward and our personal representative, successors, heirs, and assigns to hold RICE BROTHERS BRAZILIAN JIU JITSU and its affiliates, instructors, officers, directors, agents, employees, designers, licensors, and members, as well as the property owner and tenants of the property and the donors, manufacturers and installers of the equipment comprising the kids play area, work out room, mat space, upstairs lounge, and surrounding areas harmless from any and all claims or causes of action arising out of me and my child/wards engagement/participation at the RICE BROTHERS BRAZILIAN JIU JITSU facility.
I expressly release and forever discharge RICE BROTHER BRAZILIAN JIU JITSU from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury, or death to me or my child/ward, while participating in any of the activities offered at the RICE BROTHERS BRAZILIAN JIU JITSU facility. This release is valid and effective whether the damage, loss, or death is a result of any act or omission on the part of any RICE BROTHERS BRAZILIAN JIU JITSU employee, assistant, member, or from any other cause. This Waiver and Release of Liability includes, without limitation, injuries, or accidents, which may occur as a result of the: (a) use or misuse of the facility in any way by anyone, (b) use of any equipment that malfunctions or breaks, (c) improper maintenance of the facility, grounds, or any equipment, (d) instruction or supervision, or (e) slipping, tripping and /or falling while in the facility or on the surrounding premises.
Photography
I further grant RICE BROTHERS BRAZILIAN JIU JITSU the right to photograph, videotape, and/or record me and/or my child/ward and to use my or my childs/wards name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation.
Communication
I understand that the billing contact and individuals linked to the account may receive electronic and/or physical communication from RICE BROTHERS BRAZILIAN JIU JITSU and its affiliates, employees, trainers and/or acting agents through email, text, application push notification, physical mail and/or phone.
Online Registration, Cancellation Policy & Tuition Contract
If a participant is under 18 years of age, a parent or guardian must complete online registration. Registration will be complete once payment has been processed. The billing contact is responsible for all charges incurred by all members/linked members on the account, minor and/or adult.
I understand that I may cancel a monthly membership without any penalty or further obligation within five business days (Monday-Friday, excluding holidays) of the auto-renewal date. I understand that my auto renewal date is the same date that my original payment was received. If my and/or my child/ward’s membership is for a defined length of time or pre-paid in full, I understand that I will not have the right to cancel the contract. Notice of monthly membership cancellation shall be in writing via email at info@ricebrosbjj.com. All students are considered enrolled and an active member (regardless of attendance) until RICE BROTHERS BRAZILIAN JIU JITSU receives a valid cancellation request. I also understand that if I elect to cancel a monthly membership, I will forfeit any and all promotional discounts that were advertised, promised, or used towards my and/or my child/ward’s monthly membership if I elect to return to RICE BROTHERS BRAZILIAN JIU JITSU.
RICE BROTHERS BRAZILIAN JIU JITSU has the sole right of “freezing” a membership at their discretion for serious injuries, sudden grave illnesses, or prolonged travel. A membership that is “frozen” will remain in that state until I contact RICE BROTHERS BRAZILIAN JIU JITSU via email at info@ricebrosbjj.com to “unfreeze” my account/membership or until I and/or my child/ward attends a class. A “frozen” membership does not forfeit promotional discounts applied to membership rates. Furthermore, it is at RICE BROTHERS BRAZILIAN JIU JITSU’s sole discretion how long a membership may remain in “frozen” status. I understand that once my and/or my child/ward’s membership is “unfrozen” I/my child/ward will be considered an active member and billed automatically each month.
Auto Pay Policy
I hereby authorize RICE BROTHERS BRAZILIAN JIU JITSU to charge my credit or debit card for all services, products, and fees that I and those linked to my account incur with RICE BROTHERS BRAZILIAN JIU JITSU including but not limited to charges for memberships, roll cards, special events, private lessons, seminars, equipment, attire etc. (Note: Fees are subject to change). I understand that my credit or debit card will continue to be charged on a monthly basis for memberships and fees, and/or on a periodic basis for equipment, attire, special events, roll cards, and scheduled private lessons. I agree to notify RICE BROTHERS BRAZILIAN JIU JITSU immediately of any change in the status of my charge account including but not limited to card expiration, name change, limitation of use, loss or theft or the card, etc. In the event that the amount charged is refused for whatever reason RICE BROTHERS BRAZILIAN JIU JITSU will attempt to process payment again. I accept responsibility for full payment for the amount charged as well as any late fees incurred. A $5.00 late fee will apply to all declined credit or debit card transactions. I understand that multiple auto pay failures may result in my account being suspended. RICE BROTHERS BRAZILIAN may initiate collections actions against or assign to a collection agency any account that is at least 30 days overdue. I agree that I am responsible for paying all fees incurred for those individuals linked to my account. I agree that I am responsible for paying all fees for purchases made by those individuals linked to my account.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS DOCUMENT AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BEHALF OF MYSELF AND OR MY CHILD/WARD TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST RICE BROTHERS BRAZILIAN JIU JITSU. SHOULD ANY CLAIM BE MADE, I UNDERSTAND AND AGREE THAT I WILL BE RESPONSIBLE FOR ALL ATTORNEYS FEES AND DEFENSE COSTS INCURRED BY RICE BROTHERS BRAZILIAN JIU JITSU IN CONNECTION WITH OR IN THE DEFENSE OF THAT CLAIM. I UNDERSTAND THAT NO PERSON HAS PERMISSION TO USE THE RICE BROTHERS BRAZILIAN JIU JITSU FACILITY WITHOUT AN EFFECTIVE AND VALIDLY SIGNED RELEASE OF LIABILITY AND/OR PARENTAL/GUARDIAN WAIVER OF LIABILITY. I ALSO UNDERSTAND AND AGREE TO THE POLICIES OUTLINED ABOVE REGARDING MEMBERSHIP, BILLING, AUTO-PAY, LATE FEES, AND CANCELLATION REQUESTS.
_______________________________________________________________________________
PARTICIPANT Signature & Date
(Parent or legal guardian if participant is a minor)