THIS AGREEMENT MUST BE SIGNED PRIOR TO PARTICIPATING IN ANY Rising Phoenix BJJ TRAINING, CLASS, EVENT, COMPETITION, OR OTHER ACTIVITY (the “Activities”).

PLEASE READ THIS FORM CAREFULLY. Be aware that by signing this WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK (the “RELEASE”), you, ON BEHALF OF YOURSELF AND YOUR MINOR CHILD OR WARD, IF APPLICABLE, will be expressly waiving and releasing all claims that you may have against Rising Phoenix BJJ.

In consideration of being allowed to participate in any way in the Activities of Rising Phoenix BJJ, I, the undersigned:

1. Certify that I am in good physical condition, and have no disease, injury or other condition that would impair my performance or physical and mental well-being during the Activities. I have informed or will inform Rising Phoenix BJJ of any conditions I have that may affect my ability to participate in the Activities and understand and agree that, in permitting me to participate in the Activities, Rising Phoenix BJJ has relied on my representation that I am in good health. I understand that failure to disclose all medical conditions, ailments, and other issues further waives Rising Phoenix BJJ’s liability from any and all injuries or other outcomes related to my involvement in the Activities. If at any time I believe that I am unable to participate in the Activities due to physical or medical conditions, I will immediately discontinue participation and will notify Rising Phoenix BJJ of such condition. If emergency medical treatment of me appears to be necessary during any Activity, I consent to such treatment by any local responders or caregivers, if available.

2. Recognize and understand that Brazilian Jiu-Jitsu training is an activity that is inherently dangerous and involves physical contact and that my participation might result in severe bodily injury, including, but not limited to, partial and/or total disability, paralysis and death. Further, I recognize that the social and economic losses and/or damages which could result from these risks and dangers described above, could be severe.

3. Recognize and understand that such risk may be due to not only my own actions, but also the action, inaction or negligence of others, the regulations of participation, or the conditions of the premises, or of any of the equipment used.

4. Recognize that there may be other risks that are not known to me or to others or not reasonably foreseeable at this time.

5. Recognize that some of the Activities require close bodily contact that is not designed or intended to have a sexual nature, intent or context.

6. Understand and agree that I use the equipment and the facilities “As Is” and at my own risk. I agree to inspect the facilities and equipment prior to participation. I will immediately inform an instructor if I believe that anything is unsafe or beyond my capability and refuse to participate. I understand and agree that, if at any time, I feel anything to be unsafe, I will immediately take all precautions to avoid the unsafe area and refuse to participate further.

7. Recognize and understand that in any activity involving a publicly accessible place and involving other people, there is a risk of exposure to bacteria, viruses, or other communicable diseases (including, without limitation, risks associated with COVID-19), toxins, parasites, or other adverse health factors. I agree to exercise reasonable care to minimize exposing others and assume the risk of exposure from others.

8. ASSUME ALL OF THE FOREGOING RISKS AND ACCEPT PERSONAL RESPONSIBILITY FOR ANY DAMAGES THAT MAY RESULT FROM INJURY, PERMANENT DISABILITY OR DEATH.

9. Participate in the Activities entirely of my own free will.

10. RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Rising Phoenix BJJ, ITS AFFILIATED ORGANIZATIONS AND GOVERNING BODIES, THEIR OFFICERS, INSTRUCTORS AND PERSONNEL, OTHER MEMBERS OF THE ORGANIZATIONS, PARTICIPANTS, SUPERVISORS, COACHES, SPONSORING ORGANIZATIONS OR THEIR AGENTS, AND IF APPLICABLE, OWNERS AND LESSORS OF THE PREMISES (HEREINAFTER REFERRED TO AS “RELEASEES”) FROM ANY AND ALL LIABILITY TO THE UNDERSIGNED, HIS OR HER HEIRS AND NEXT OF KIN FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES AND DAMAGES WHICH MAY BE SUSTAINED AND SUFFERED ON ACCOUNT OF INJURY, INCLUDING DEATH OR DAMAGE TO PROPERTY, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

11. INDEMNIFY AND HOLD HARMLESS RELEASEES FROM ANY AND ALL LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OR CLAIMS MADE BY THIRD PARTIES DUE TO MY ACTIONS OR INACTIONS DURING ANY ACTIVITIES. FURTHER, IF THE MINOR ON BEHALF OF WHOM I EXECUTE THIS RELEASE OR ANY OF MY FAMILY MEMBERS, RELATIVES, OR OTHER GUESTS MAKES A CLAIM AGAINST THE RELEASEES, THE UNDERSIGNED WILL INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM ANY AND ALL LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATED TO SUCH CLAIM. SHOULD THE RELEASEES INCUR ATTORNEYS’ FEES AND COSTS TO ENFORCE THIS RELEASE, I SHALL REIMBURSE TO TOTAL IMPACT ALL SUCH FEES AND COSTS.

12. Certify that I am at least 18 years of age. If under 18, my parent/guardian is the undersigned.

I HAVE READ THE ABOVE WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK. I FULLY UNDERSTAND ITS CONTENTS, AND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I HEREBY SIGN IT VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, WARRANTY, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY.