Signup/Waiver

Agreement, Release & Waiver of Liability

In consideration of being permitted to participate in or assisting others in participating at New Port Richey Jiu Jitsu Academy "The Gym", and related events and/or activities, on behalf of myself, or a minor child or ward, heir; next of kin, personal representative, successor or assign, referred to here as "child";

1. I ACKNOWLEDGE, UNDERSTAND, DECLARE AND AGREE THAT:
   1. To the best of my knowledge, I am in Good Physical Condition and have no disease or injury that would be aggravated by participating in activities related to the Gym or that would be communicable to others;
   2. Participating or assisting others in participating in the Gym does involve RISK OF INJURY TO ME, INCLUDING DEATH, LOSS OR DAMAGE TO ME OR MY PROPERTY, OR ANY OTHER CONSEQUENCE, which might result not only from my own actions, inaction or negligence but also the actions, inaction or negligence of others, the rules of training, or the conditions of the premises or of any equipment used;
   3. I will not leave my minor child(ren) unattended while I am taking a class or while they are taking a class. I will remain responsible for their well-being and safety, regardless if someone else is "watching" or training my children while they are at, in or around the facilities. It is no one else's responsibility to ensure the safety of my child but my own.
   4. Martial Arts and especially Mixed Martial Arts is a CONTACT SPORT and is INHERENTLY DANGEROUS as indicated especially in 1(b) above, not only for adults but also for children. If you do not accept this risk for yourself as a participant or for your child(ren), of participating in any way in the training or any other activities associated with the Gym, then DO NOT PARTICIPATE, DO NOT ALLOW YOUR CHILD(REN) TO PARTICIPATE, AND DO NOT SIGN THIS WAIVER;
   5. There may be OTHER RISKS not known or not reasonably foreseeable, and Understanding all of the above,
2. I ASSUME ALL OF THE ABOVE RISKS AND RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, INDEMNIFY AND COVENANT NOT TO SUE:
   1. New Port Richey Jiu Jitsu Academy, its owners, employees or volunteers, coaches, trainers, officials affiliated with the gym, other participants involved in the gym or not, agencies, sponsors, or advertisers, the respective administrators, officers, directors, agents, representatives, employees, volunteers, coaches, trainers, officials or any other individuals affiliated with the Gym;
   2. Any affiliated subsidiary, successor, organization, or related companies or businesses, including New Port Richey Jiu Jitsu Academy Competition Team and its owners, other participants, participating or sponsoring municipalities, governmental agencies, international organizations, agencies, sponsors, or advertisers, the respective administrators, officers, directors, agents, representatives, employees or volunteers of such entities or organizations, the successors, heirs, assigns, or the insurers or representatives, be it personal or business, of each aforementioned individual;
   3. Owners, lessors and lessees of premises used to conduct the training and activities at the Gym FROM ANY AND ALL LIABILITY FOR INJURY; INCLUDING DEATH, LOSS OR DAMAGE TO PERSON OR PROPERTY, OR ANY OTHER CONSEQUENCE in connection with entry in or arising out of participation in, performance in or lack of performance in, including travel en route to and from the Gym or any tournament being participated in by the Gym participants.
3. I FURTHER AGREE THAT:
   1. Prior to participating as an athlete, I or, in the case of a minor, a parent or guardian will INSPECT the facilities and equipment to be used, and if I believe same to be unsafe, I will immediately REPORT such condition(s) to the athletic coach, supervisor, or officially connected with the Gym of same and either DECLINE TO PARTICIPATE or ASSUME THE RISK of participating;
   2. I will ALLOW my or my child's PHOTOGRAPH, PICTURE or LIKENESS, including videos, and/or VOICE to APPEAR on the internet, in any official documentary, promotional (including any and all advertisements), television, and radio or film coverage of the Gym, WITHOUT COMPENSATION.
4. I CONSENT TO ALL EMERGENCY MEDICAL TREATMENT and to be transported by ambulance to the closest hospital for emergency care in the event that I am unable to decide this for myself, or in the case of a minor child, and his/her parent or guardian is unavailable to decide on the course of action. The decision will be made by a New Port Richey Jiu Jitsu Academy representative or volunteer acting on behalf of New Port Richey Jiu Jitsu Academy, erring on the side of caution. By signing below, I understand that I will be responsible for any costs, damages, loss or any other consequence related to this transportation and/or medical treatment which may be incurred and will hold harmless any person or entity who has made the decision to obtain emergency care on my behalf.
5. I understand that New Port Richey Jiu Jitsu Academy represents that its personnel, representatives, volunteers have no expertise in diagnosing, examining or treating medical conditions of any kind or in determining the effect of any specific exercise on said medical condition.

All Participants, or Parent/Guardian of a minor child, must complete and Sign this Waiver Agreement below. Failure by the participant, or a parent/legal guardian, to do so will cause the participant to be ineligible from participating in any training and/or activities at New Port Richey Jiu Jitsu Academy or related to New Port Richey Jiu Jitsu Academy in any way. I also understand that this agreement is governed by the laws of the State of Florida and that if a part of this agreement is considered to be unenforceable under law, then the remainder of this agreement will continue to be in force.

This Contract for Services is made effective as of June 18, 2021, by and between New Port Richey Jiujitsu \ Jiujitsu Project (the "Recipient Membership holder or Legal Guardian "), and New Port Richey Jiujitsu \ Jiujitsu Project of 805 Live Oak St, Tarpon Springs, Florida 34689 (the "Provider").

1. DESCRIPTION OF SERVICES. Beginning on June 18, 2021, New Port Richey Jiujitsu \ Jiujitsu Project will provide to New Port Richey Jiujitsu \ Jiujitsu Project the following services (collectively, the "Services"):

Jiujitsu / Martial Arts Instruction, Fitness / Yoga Classes

2. PAYMENT. Payment shall be made to Provider in regular payments of your Membership rate  per month until termination of this Agreement.  

In addition to any other right or remedy provided by law, if New Port Richey Jiujitsu \ Jiujitsu Project fails to pay for the Services when due, New Port Richey Jiujitsu \ Jiujitsu Project has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.

3. TERM. This Contract may be terminated by either party upon 30 days' prior written notice to the other party or 90 days or 3 months of inactivity of account with no refund granted. An email notice by one party will suffice.

4. WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by Provider in connection with the Services will be the exclusive property of Provider. Upon request, Recipient will execute all documents necessary to confirm or perfect the exclusive ownership of Provider to the Work Product.

5. CONFIDENTIALITY. Provider, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Provider, or divulge, disclose, or communicate in any manner, any information that is proprietary to Recipient. Provider and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Contract. Any oral or written waiver by Recipient of these confidentiality obligations which allows Provider to disclose Recipient's confidential information to a third party will be limited to a single occurrence tied to the specific information disclosed to the specific third party, and the confidentiality clause will continue to be in effect for all other occurrences.

6. INDEMNIFICATION. Provider agrees to indemnify and hold Recipient harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against Recipient that result from the acts or omissions of Provider and/or Provider's employees, agents, or representatives.

7. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:

a. The failure to make a required payment when due.

b. The insolvency or bankruptcy of either party.

c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.

d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.

8. ATTORNEYS' FEES AND COLLECTION COSTS. If there is dispute relating to any provisions in this Contract, the prevailing party is entitled to, and the non-prevailing party shall pay, the costs and expenses incurred by the prevailing party in the dispute, including but not limited to all out-of-pocket costs of collection, court costs, and reasonable attorney fees and expenses.

9. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.

10. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

11. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

12. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

13. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

14. AMENDMENT. This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.

15. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of Florida.

16. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

17. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.

18. ATTORNEY'S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.

19. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.

20. ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first above written.

Service Recipient:
New Port Richey Jiujitsu \ Jiujitsu Project

{name}

  {sign_date}

Service Provider:
New Port Richey Jiujitsu \ Jiujitsu Project

By: Mike Geery   Date: 6/18/2021
New Port Richey Jiujitsu \ Jiujitsu Project