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Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

BOLD SPIRIT JIU JITSU LLC (hereafter referred to as the "Business") cannot guarantee that you or your child(ren) (hereafter referred to as the "Participant") will not become infected with COVID-19. Further, attending the Business could increase your risk and your child(ren)’s risk of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and/or I may be exposed to or infected by COVID-19 by attending the Business and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Business may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Business employees, volunteers, and program participants and their families. 

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with myself or my child(ren)’s attendance at the Business or participation in Business programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the Business, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating there to. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Business, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Business program. 

By signing below, you are acknowledging that the Parties have READ and AGREE to the foregoing "Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19."

Participant Agreement and Release

This Participant Agreement and Release (“Agreement”) is entered into on this day {sign_date} and is made by BOLD SPIRIT JIU JITSU LLC (hereafter known as “Company”) on the one hand, and {name} henceforth referred to as “Participant” on the other with Company and Participant referred to herein as the “Parties.”

Participant acknowledges that participating in the practice and training of Jiu Jitsu and other martial arts and other exercise programs provided by Company (hereinafter collectively referred to as the “Program”) is physically demanding and potentially dangerous and assumes all risk associated with such participation, and warrants that Participant is in good physical condition and has no known medical condition which would impact or preclude full participation in the Program or place Participant at special risk of injury. Participant, on its own behalf and that of any assignees, successors, heirs, partners, spouses or any others talking by or through Participant, hereby releases and holds harmless Company, it's agents, legal representatives, owners, employees, independent contractors, co-venturers, partners, services providers, licensees, assigns, and all others acting by or through it from and against any and all claims including any claims for property damage or personal injury to Participant including death or dismemberment which Participant may have for any liability arising from, connected to or associated with the Program, whether such liability sounds in tort, contract, statute or otherwise.

The Parties agree to engage in the Program to participate in the recording of such activities which may be captured in various forms of media including but not limited to video and audio recording and photography. The Parties anticipate that the Program may be distributed via the internet and otherwise by Company.

In consideration of taking part in the Program, the promotion and exposure of Participant derived therefrom, the promises contained herein and for other good and valuable consideration receipt of all of which is hereby acknowledged, Participant hereby grants Company and its respective licensees, successors, legal representatives, and assigns the right and permission to utilize Participant’s appearance and likeness in connection with the Program in any and all manner and media from the beginning of time and continuing in perpetuity, including any recording of martial arts activities that may predate the execution of this Agreement.

Participant also consents to the use of Participant’s name, likeness, voice and biographical material in connection with the Program’s publicity and related institutional promotional purposes and to use, reproduce, edit, exhibit, project, display, copyright, publish and/or resell photographic images and/or moving pictures and/or videotaped images of Participant with or without Participant’s voice, or in which Participant may be included in whole or in part, photographed, taped, videotaped, and/or recorded on the effective date of this Agreement, beforehand and thereafter, and to circulate the same in all forms and media for art, advertising, trade, competition of every description and/or any other lawful purpose whatsoever without further approval.

Participant expressly releases and holds harmless Company, its agents, legal representatives, owners, employees, independent contractors, co-venturers, partners, services providers, licensees, assigns, and all others acting by or through it from and against any and all claims which Participant may have for invasion of privacy, misappropriation of likeness, defamation or any other cause of action or claim arising out of the production, distribution, broadcast or exhibition of the Program and/or any and all media derived therefrom or related thereto.

Participant shall have no claim for any sums based upon the Program, and forever relinquishes any claim to share in any profits, revenues or any other monies of any nature or source whatsoever derived from the Program or any other media derived therefrom or related thereto.

If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.

In the event any legal action is filed concerning this Agreement, the Program, or the Parties, the prevailing party in such action may recover the reasonable attorney's fees and costs incurred in any such action. The Parties further agree that this Agreement is made in and is to be performed in the state of Washington, that this Agreement shall be interpreted under Washington state law, and that any such legal dispute shall be heard in Island County. The Parties further agree that the appropriate court in Island County does and shall have jurisdiction over them to adjudicate any such legal dispute and that Island County shall be the sole and exclusive jurisdiction for any such dispute.

It is Participant’s intention to, and hereby does, fully, finally and forever release any and all claims, known or unknown, existing as of the date of this Agreement, without regard to the subsequent discovery or existence of any facts Participant may learn concerning the Program, the Company or this Agreement. 

The Parties hereby represent to one another that they have full power and authority to enter into this Agreement and carry out their obligations.

The Parties acknowledge that they have each had an opportunity to consult legal representatives concerning this Agreement and the terms and conditions contained herein.

The Parties acknowledge that Company shall have the right to assign any right, interest or claim hereunder without additional consent from consideration paid to Participant.

By signing below, you are acknowledging that the Parties have READ and AGREE to the foregoing "Participant Agreement and Release.''