PLEASE READ CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS. By signing this Agreement, you are agreeing to release and waive substantial legal rights, including the right to sue.
(1) I do hereby agree to voluntarily participate in martial arts, boxing, kickboxing, Brazilian Jiu-Jitsu, grappling, sparring, conditioning, and related athletic instruction and programs (the “Program”) offered by PHOENIX JKD INSTITUTE, LLC (“Company”), whether such Program takes place at Company's own facility, at Jay Pages Jiu-Jitsu Academy, or at any other affiliated, partner, guest, or third-party facility, location, seminar, or event (each a “Facility”) where Company or its instructors provide instruction. I understand that I must read this entire Agreement before signing, and that it is my responsibility to ask questions about anything I do not understand before I sign.
(2) I acknowledge that martial arts, contact sports, grappling, and physical conditioning are inherently strenuous and carry an inherent risk of injury — including but not limited to sprains, strains, fractures, dislocations, concussions, cuts, bruises, cardiac events, and in rare cases, catastrophic injury or death. Because of these risks, Company strongly urges each participant to obtain a physical examination from a licensed physician before beginning or continuing participation. I voluntarily assume all such risks, known and unknown, whether arising from the negligence of Company, its instructors, or otherwise, to the fullest extent permitted by Arizona law.
(3) Independent Instructors — No Personal Liability. I understand and agree that instructors, coaches, trainers, and staff who teach, supervise, or otherwise provide instruction in connection with the Program — whether at PHOENIX JKD INSTITUTE, at Jay Pages Jiu-Jitsu Academy, or at any other Facility — do so in their capacity as instructors, employees, contractors, or affiliates of Company, and are NOT personally or individually liable for any injury, illness, damage, loss, or claim of any kind arising from or related to my participation in the Program, my use of any Facility, or my training with them, regardless of whether the injury results from instruction, supervision, spotting, sparring, partner drills, or any other activity connected to the Program. This limitation applies to each individual instructor personally and is in addition to, and not in place of, the release of Company set forth in this Agreement.
(4) This release covers, without limitation, my use of the lounge, lobby, parking area, sidewalks, entryways, restrooms, locker rooms, showers, mats, rings, bags, weights, and any other equipment, amenity, or area of any Facility, and my participation in any class, program, camp, seminar, private lesson, or special event, whether held on or off Facility premises. I agree I am participating entirely at my own risk and voluntarily assume all risk of injury, illness, death, damage, or loss or theft of personal property.
(5) I expressly agree to RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Phoenix JKD Institute, LLC, Jay Pages Jiu-Jitsu Academy, and any other Facility at which Company provides instruction, together with each of their owners, members, managers, instructors, coaches, employees, contractors, agents, representatives, sponsors, successors, and assigns (collectively, the “Released Parties”), from any and all claims, demands, causes of action, or liability of any kind arising out of or related to my (or my minor child's) participation in the Program, including claims based on the ordinary negligence of any Released Party, to the fullest extent permitted by law. This release does not apply to injury caused by the gross negligence or willful misconduct of a Released Party, to the extent such a limitation is required by Arizona law.
(6) Indemnification. I agree to indemnify and hold harmless the Released Parties from any loss, liability, damage, or cost, including reasonable attorneys' fees, that any Released Party may incur due to my participation in the Program, whether caused by my own negligence or the negligence of others, to the fullest extent permitted by law.
By signing below, I acknowledge that I have carefully read this Waiver and Release, that I fully understand its terms, that I understand it is a release of liability and a contract between myself and the Released Parties, and that I sign it voluntarily and of my own free will, without any inducement.