Adult Waiver Page

Before you can start your Journey, you will need to complete the Waiver

ADULT MEMBER WAIVER & RELEASE AGREEMENT

Gracie Barra Staple Hill /

IMPORTANT RISK NOTICE

You are about to take part in a potentially dangerous activity. You must always take care of yourself, and you can tap out or stop at any time. You cannot hold Gracie Barra Staplehill Ltd or its staff or its students responsible if you get injured. If you get hurt, it is your fault. If you do not agree with this, do not take part in the class or the training offered.

I hereby state that I have read, fully understand and agreed with:

  1. This Waiver and Release Agreement
  2. The Payment Terms and Conditions, when I am signing up as a member
  3. The Dojo Etiquette of the Club on the wall of the mat area

I have put forth my signature and thereby agreed fully on the terms and agreements as set forth. The acceptance of this application form by the Club shall constitute a valid and binding agreement between Gracie Barra Staplehill Ltd and me.

WAIVER AND RELEASE AGREEMENT

THIS WAIVER AND RELEASE AGREEMENT (this "AGREEMENT") is made on Today's Date by and between the "Member" and The Brazilian Jiu Jitsu Academy operating at Unit 1&2, The Square, Broad Street, Staple Hill, Bristol BS16 5LR (the "Academy") operating as Gracie Barra Staple Hill (Gracie Barra Staplehill Ltd) and also as Gracie Barra Bristol at 3-15 Heber Street, BS5 9JU, Bristol and at different locations from time to time.

WHEREAS The Academy organizes, promotes and provides training and facilities for its members to learn and master intelligently the full body contact art of Brazilian Jiu Jitsu, and may organize and promote competitions (the "Activity").

Whereas the Member is in good health and in proper physical condition and voluntarily agrees to participate in such Activity.

Whereas, upon signing this Agreement, the Member's assigns, spouse, heirs, next of kin, guardians, successors, agent/s or successors (all of the foregoing collectively, the "Member Parties") shall also be bound by the covenants as set forth herein as AGREED by the Member.

ACCEPTANCE OF MEMBERSHIP

  • The decision to accept the application of a potential member shall be at the sole discretion of the Academy. The Academy reserves the right to verify or require proof of all information given in order to obtain membership and any fraudulent or wrongful information given in order to obtain such membership could result in the cancellation of all membership rights and lead to the cancellation of all membership rights and the payment of all monies due to the Academy.
  • If the membership application is accepted by the Academy, membership of the Academy by the applicant shall commence as stated on the agreement. Upon the acceptance of the member by the Academy, a member's attendance card shall be issued by the Academy.
  • The member's attendance card remains the property of the Academy and entitles the holder to all the rights and privileges exercisable by the category of membership of the holder.
  • The acceptance of an application for membership of the Academy shall constitute a legally binding agreement between the member and the Academy. The member hereby agrees also to be bound by the Academy Rules, a copy of which are on display on the wall in the main mat area.
  • Annual and Direct Debit members have the right to cancel this agreement by sending or taking a written notice of cancellation to the Academy, within ten days of signing the direct debit mandate. The Academy shall refund in full the first Direct Debit membership instalment. In no other circumstances will fees be refunded by the Academy.
  • Attendance cards are issued to all current members and must be shown to the Instructor to gain access to each class. Attendance cards may only be used by the registered member and any fraudulent use of the membership card by the member could result in cancellation of the membership with no refund being made by the Academy.

As the Member detailed in the Agreement above, I agree to the Acceptance of Membership.

Now, therefore, in consideration of the foregoing and of mutual covenants set forth therein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Member hereby agrees as follows:

ASSUMPTION OF RISKS

Assumption of Risks: The member ACKNOWLEDGES and AGREES that THE NATURE of Brazilian Jiu Jitsu is A FULL BODY CONTACT martial art and VOLUNTARILY participates in the ACTIVITY FULLY and COMPLETELY AWARE that the ACTIVITY INVOLVES:

(a) RISK OF ACCIDENTS, SERIOUS BODILY INJURY INCLUDING BUT NOT LIMITED TO PERMANENT DISABILITY and/or PARALYSIS AND DEATH (all of the foregoing collectively, the "HAZARDS");

(b) OTHER RISKS and SOCIAL and ECONOMIC LOSSES, including but not limited to EMOTIONAL DISTRESS, PSYCHOLOGICAL HARM, PROPERTY DAMAGE and ALL OTHER DANGERS (all of the foregoing collectively, the "RISKS") not known or not readily foreseeable at this time;

(c) that the HAZARDS and RISKS may be caused by the Member's own action or inactions, the actions or inactions of others participating in the Activity, the condition in which the activity takes place, or the negligence of the "RELEASEES" NAMED BELOW.

The Member FULLY ACCEPTS and ASSUMES all such HAZARDS and RISKS that MAY OCCUR IN, BEFORE, DURING and/or AFTER such ACTIVITY including but not limited to ALL RESPONSIBILITIES for LOSSES, COSTS and DAMAGES incurred as a result of participation in the ACTIVITY whether due to action or inactions or negligence as above mentioned in (a), (b) and (c).

RELEASE OF LIABILITY

Release of Liability: The member HEREBY IRREVOCABLY waives, releases, discharges and holds all of the directors, professors/coaches, administrator, affiliates, officers, staff, members and owners of the Academy and premises which the ACTIVITY takes place (each considered one of the "RELEASEES") HARMLESS from and against ALL LOSSES, LIABILITIES, CLAIMS, COSTS, DAMAGES, DEMANDS and EXPENSES ON THE MEMBER'S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND COVENANTS NOT TO SUE THE RELEASEES, including but not limited to legal fees and medical expenses arising from and in connection with all HAZARDS and/or RISKS, whether occurring on or off the premises where the ACTIVITY takes place.

The Member WILL BEAR the SOLE and EXCLUSIVE RESPONSIBILITY OF ANY HAZARDS AND/OR RISKS.

AND FURTHER AGREES that if despite this RELEASE AND WAIVER OF LIABILITY AGREEMENT the Member, or anyone on the Member's behalf, makes a claim against any of the RELEASEES, the Member WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage or cost which may incur as a result of such claim.

KNOWING AND VOLUNTARY EXECUTION

Knowing and Voluntary Execution: The member REPRESENTS and WARRANTS to the ACADEMY that the Member:

(i) has carefully read this Agreement and understands its content;

(ii) is not a minor or if a minor, his/her guardian has acted prudently on the minor's own behalf;

(iii) possesses all rights necessary to execute, deliver and perform this Agreement; and

(iv) understands that this Agreement includes an assumption of the risk of negligence of the RELEASEES and a release of the liability of the RELEASEES to the MEMBER PARTIES.

The Member acknowledges and agrees that the ACADEMY is relying on this Agreement in allowing the Member to participate in the ACTIVITY.

NO LAWSUIT

No Lawsuit: The member REPRESENTS and WARRANTS to the RELEASEES that the Member shall not make or institute any lawsuit or claim any liability, in law or equity, against any of the RELEASEES with respects to the HAZARD and/or RISKS.

RELEASE OF LIKENESS RIGHTS

Release of Likeness Rights: The member GRANTS to the ACADEMY, its licensees, successors and assign, a non-exclusive, irrevocable licence to distribute, record, broadcast, exhibit, advertise and disseminate in perpetuity through the world the following elements: Member's name, likeness, voice, biographical material, suggestions, stories about the Member, materials, including but not limited to photos and videos, ideas, and any actions performed by the Member or words spoken by the Member on or in connection with the ACTIVITY (hereinafter, Member's Likeness) either in whole or in part, solely and exclusively.

The Member ACKNOWLEDGES and AGREES that the ACADEMY will own all rights, title and interest in any and all results and proceeds from use of the Member's Likeness in any and all media now known or hereafter devised without compensation or benefits of any kind.

The ACADEMY is not obliged to actually use the Member's Likeness.

There is CCTV recording at the school 24 hours a day and this footage is not available for guests or member's use.

NO REPRESENTATION OR WARRANTIES

No Representation or Warranties: NEITHER THE ACADEMY NOR ANY OF THE RELEASEES MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACTIVITY AND THE ACADEMY AND THE RELEASEES EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

Limitation of Liability: NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, NONE OF THE RELEASEES SHALL BE LIABLE TO THE MEMBER OR MEMBER'S PARTIES OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST REVENUES, ANTICIPATED REVENUES OR PROFITS), WHETHER IN AN ACTION IN CONTRACT OR TORT, UNDER STATUTE OR OTHERWISE, ARISING FROM ANY CLAIM DIRECTLY OR INDIRECTLY RELATING TO OR ARISING IN CONNECTION WITH THE ACTIVITY AND/OR THIS AGREEMENT.

SEVERABILITY

Severability: If any provision of this Agreement is found to be invalid, unlawful or unenforceable to any extent, such provision shall be excluded from this Agreement, the remainder of which shall continue to be valid, lawful and enforceable in all other respects to the fullest extent permitted by law.

GOVERNING LAW

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

Any controversy arising under this Agreement shall be adjudicated before the High Court as the court of competent jurisdiction.

By the execution and delivery of this Agreement, each party:

  1. accepts, generally and unconditionally, the exclusive jurisdiction of such court and any related appellate court; and
  2. irrevocably waives any objection it may now or hereafter have as to the venue of any such suit, action or proceeding brought in such a court or that such court is an inconvenient forum.

ENTIRE AGREEMENT

Entire Agreement: This Agreement constitutes the sole and entire understanding between the Member and the Academy with respect to the subject matter hereof and supersedes all prior agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the Member and the Academy with respect to such subject matter.

MODIFICATIONS

Modifications: No amendment, supplement or modification to this Agreement shall be binding unless made in writing and signed by the parties hereto.

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

    YOUR DETAILS

    ACKNOWLEDGEMENTS

    Please answer Yes or No to each of the following after reading the corresponding sections of the waiver above.

    I have read and understood the Important Risk Notice. *

    I have read and agree to the Acceptance of Membership terms. *

    I have read and understood the Assumption of Risks section. *

    I have read and understood the Release of Liability section. *

    I have read and understood the Release of Likeness Rights section. *

    FINAL DECLARATION

    Please answer Yes or No to each of the following statements.

    I confirm that I have read this Waiver and Release Agreement. *

    I confirm that I understand the agreement. *

    I understand that Brazilian Jiu Jitsu is a full-contact martial art involving risks and voluntarily agree to participate. *

    YOUR SIGNATURE

    Please draw your signature in the box below.