Participation Policy

Presley BJJ

Participant waiver, indemnity, and consent agreement


By agreeing with this document, you will waive certain legal rights, including the rights to sue.



PLEASE READ CAREFULLY

I (the “participant”, which herein includes the participant and/or their parent or legal guardian), in consideration of Presley BJJ permitting me to use its facility, participate in martial arts activities, and other good and valuable consideration, the receipt of which is hereby acknowledged, agree to and acknowledge the following:

Definitions
  1. In this agreement, the term “Releasees” shall include Presley BJJ, it’s owner, instructors, employees, agents, independent contractors, legal and other representatives, its successor and assigns.
  2. In this agreement, the term “martial arts activities” shall include all activities, events, competitions or services provided, arranged, organized, sponsored or authorized by the Releasees, and shall include but is not limited to my use of the facility located at 58 Belmore drive, Wellington, NS, B2T 1J4 (the “Premises”) events located at the competitor’s facilities, seminars, competitions and other such activities, events, and services in any way connected with or related to the Releasees.

Acknowledgement of Risks

  1. I, the participant, have full knowledge, understanding and appreciation of the extent of the risks and dangers of accidental harm and hazards that are involved in participation in martial arts activities which include but are not limited to the possibility of bumps, bruises, scrapes, muscle soreness, sprains, twists, concussions, broken bones, related injuries, or even death.
  2. I am aware and acknowledge the risks of martial arts activities include collision with other participants, instructors or spectators, negligence of other participants or instructors, and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, HAZARDS OF MARTIAL ARTS ACTIVITIES.
  3. I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE MARTIAL ARTS ACTIVITIES, AS DESCRIBED ABOVE OR OTHERWISE, AND I VOLUNTARILY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS INCLUDING THE POSSIBILITY OF PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR LOSSES RESULTING THEREFORM. I ALSO ACCEPT THE RESPONSIBILITY FOR ANY PERSONAL OR PROPERTY DAMAGE CAUSED BY OR AS A RESULT OF MY PARTICIPATION IN MARTIAL ARTS ACTIVITIES.
  4. I, the Participant, acknowledge the physical exertion required of martial arts activities and the forced exerted on the body can aggravate pre-existing physical injuries, conditions, or congenital defects. I acknowledge that I should seek medical advice if I know or suspect that my physical condition may be incompatible with martial arts activities.
  5. I acknowledge that physical contact with the body is both part of practicing and learning in martial arts activities. The chest, buttocks, groin, or any part of the body may be contacted by any part of the other participants’ or instructors’ bodies during martial arts activities. I understand instructors may adjust any part of my body to assist in proper application and understanding of a technique.
  6. I understand that I have the right to withdraw from any martial arts activity for any reason at any time.
  7. I understand that if my behavior is deemed to have endangered other participants’ or instructors’ safety I may be asked to leave. No refunds or vouchers will be given for single classes, punch passes, or monthly memberships. Yearly memberships may be refunded on a prorated basis at the sole discretion of the owner/director of Presley BJJ, Josh Presley.
  8. I understand that the releasees are not responsible for lost or stolen items.

Respiratory Illness, other infection or diseases
  1. I understand and acknowledge that illness, virus, disease and infection including but not limited to the Novel Coronavirus (COVID-19) may be transferred to me during or as a result of martial arts activities. I further acknowledge that martial arts activities necessarily involves close contact with other individuals without wearing a medical or non-medical mask.
  2. I acknowledge and confirm I am willing to accept the risks of being exposed to an illness, virus, disease and/or infection, including but not limited to COVID-19, by participating in martial arts activities.
  3. I further acknowledge and agree that I WILL NOT participate in martial arts activities or attend the premises if I feel ill, show any signs or symptoms of COVID-19, and/or if I have been in contact with someone who is suspected of having COVID-19.

Release of Liability and Waiver of Claims
  1. I hereby agree as follows:
  2. I HEREBY AGREE TO RELEASE AND FOREVER DISCHARGE THE RELEASEES FROM ANY AND ALL MANNER OF ACTION, CAUSES OF ACTION, AND ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE, ILLNESS, OR PERSONAL INJURY, INCLUDING INJURY OR ILLNESS RESULTING IN DEATH, THAT I MAY SUFFER resulting, either directly or indirectly, from my participation in martial arts activities or my presence at the premises DUE TO ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE RELEASEES.
  3. I AGREE TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any claims or demands including judgement, costs, attorney fees, and other expenses either directly or indirectly resulting from any property damage or personal injury or illness to any third party, which might be made against the Releasees resulting from my participation in martial arts activities and my use of the premises;
  4. That this agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns and representatives, in the event of my death or incapacity.

CONSENT AND WAIVER – Media
  1. I understand by entering the premises that I may be subjected to audio and video recording at any time. I hereby authorize any images, photographs, audio or video footage taken of myself, in whole or in part, individually or in conjunction with other images and video footage, and any photographs, writings or other copyrightable material produced by me with regard to my participation in martial arts activities to be taken and used by Presley BJJ on its website, social media, Facebook, Instagram and/or any other official channels, and to be used for media purposes including but not limited to promotional marketing purposes.
  2. I hereby waive any rights I may have to privacy and compensation, in connection with such use of my name, likeness, and productions as specified in the above paragraph and otherwise.
Acknowledgements
  1. This agreement will be governed by and constructed in accordance with the laws of the Province of Nova Scotia.
  2. I acknowledge that the Releasees can rely on this agreement as a complete defence to any all claims, damages, causes of action, recourse, or liability that may arise at any time as a result of or relating to my participation in martial arts activities.
  3. In entering into this agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of martial arts activities, other than what is set forth in this agreement.

I HAVE READ AND UNDERSTAND THIS AGREEMENT, IN PARTICULAR THE WAIVERS IN PARAGRAPHS 11-16.
BY CHECKING THE BOX IN THE REGISTRATION FORM, I ACKNOWLEDGE THAT I AM AGREEING TO THE FOLLOWING:
  1. THAT I AM ASSUMING ALL RISK OF LOSS, DAMAGE, INJURY AND ILLNESS UP TO AND INCLUDING DEATH, WITH RESPECT TO THE MARTIAL ARTS ACTIVITIES I WILL BE PARTICIPATING IN, WHICH INCLUDE CLASSES, COMPETITIONS, AND MY USE OF THE PREMISES.
  2. THAT I AM CONSENTING TO THE USE OF MY LIKENESS AND MY PRODUCTIONS WITH THE RESPECT TO MARTIAL ARTS ACTIVITIES BY THE RELEASEES FOR MARKETING AND/OR PROMOTIONAL PURPOSES.
  3. THAT I AM WAIVING ANY AND ALL CLAIMS ARISING FROM ANY CAUSE WHATSOEVER AGAINST THE RELEASEES, ON BEHALF OF MYSELF AND MY HEIRS, SUCCESSORS AND ASSIGNS; AND
  4. THAT I WILL IDEMNIFY THE RELEASEES IF ANY SUCH CLAIMS ARE BROUGHT AGAINST THEM.
Contact us:
58 Belmore Drive, Wellington NS

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