Welcome Falcons!

ROGUE JIU-JITSU

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

(Read Carefully Before Signing)

Parent(s) or legal guardian(s) (hereafter, collectively, “parent(s)”) of any participating minor (hereafter sometimes “minor” or “child”) shall sign this Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement (this “Release”). References to “Participant” includes the adult or minor participant named below in this Release. Unless the context requires otherwise, “I,” “me,” or other first-person references shall mean (i) the undersigned Participant (if he or she is an adult), or (ii) the undersigned parent(s) of the Participant (if the Participant is a minor).

The Participant desires to receive permission to participate in the following activities, which are provided, sponsored, coordinated, hosted, or otherwise organized by ROGUE BJJ LLC, a Washington limited liability company, dba ROGUE JIU-JITSU (“ROGUE JJ”) : entering upon and using and enjoying gym facilities and equipment, participating in Brazilian jiu-jitsu classes, lessons and training sessions, participating in Brazilian jiu-jitsu competitions and tournaments (wherever located), and all other activities related to the foregoing (collectively, the “Activity”). In consideration of the Participant being permitted to participate in the Activity, I hereby agree to all the terms and conditions set forth in this Release for the benefit of ROGUE JJ and ROGUE JJ’s directors, officers, agents, employees, members, managers, shareholders, heirs, administrators, successors and assigns; ROGUE JJ’s promoters, lessees of the premises used by ROGUE JJ, premises and event inspectors, underwriters, consultants and others who give recommendations, directions or instructions to engage in risk evaluation or loss control activities regarding ROGUE JJ or events held at such facility; and each of them, their directors, officers, agents, employees, members, managers, shareholders, heirs, administrators, successors and assigns (collectively, the “Releasees”). 

1. PARTICIPATION IS VOLUNTARY; ASSUMPTION OF RISKS: I (AND THE PARTICIPANT, IF HE/SHE IS A MINOR) HAVE BEEN ADVISED BY ROGUE JJ THAT PARTICIPATION IN THE ACTIVITY IS VOLUNTARY, AND UNDERSTAND AND AGREE THAT, IF AT ANY TIME, I (AND THE PARTICIPANT, IF HE/SHE IS A MINOR) FEEL ANYTHING TO BE UNSAFE, INCLUDING BUT NOT LIMITED TO EQUIPMENT, FACILITIES AND/OR THE ACTIVITY, I (AND THE PARTICIPANT, IF HE/SHE IS A MINOR) WILL IMMEDIATELY TAKE ALL PRECAUTIONS TO AVOID THE UNSAFE AREA, EQUIPMENT, AND/OR ACTIVITY AND REFUSE TO PARTICIPATE FURTHER. I (AND THE PARTICIPANT, IF HE/SHE IS A MINOR) HEREBY ACKNOWLEDGE THAT THE ACTIVITY IS VERY DANGEROUS AND INVOLVES THE RISK OF SERIOUS INJURY AND/OR DEATH TO THE PARTICIPANT AND/OR PROPERTY DAMAGE. I (AND THE PARTICIPANT, IF HE/SHE IS A MINOR) ALSO EXPRESSLY ACKNOWLEDGE THAT INJURIES RECEIVED BY THE PARTICIPANT MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES. I (AND THE PARTICIPANT, IF HE/SHE IS A MINOR) VOLUNTARILY ACCEPT AND ASSUME ANY RISKS INHERENT IN THE ACTIVITY AND RESPONSIBILITY FOR THE LOSSES AND/OR DAMAGES ARISING FROM OR RELATING TO THE PARTICIPANT’S PARTICIPATION IN THE ACTIVITY, HOWEVER CAUSED AND WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ROGUE JJ AND/OR THE RELEASEES, OR BY INTENTIONAL CONDUCT OF PARTIES WHO ARE NOT AN OWNER, AGENT, INSTRUCTOR, OR EMPLOYEE OF ROGUE JJ.
   
   

2. RELEASE OF LIABILITY/COVENANT NOT TO SUE:  Participant, if he/she is an adult, or parent(s), for themselves and on behalf of their participating minor child if the Participant is a minor child, hereby releases, waives, discharges, and covenants not to sue ROGUE JJ and the Releasees, for and from any and all known and unknown claims, demands, losses or damages and any claims or demands therefor on account of any injury, including but not limited to the death of or injury to myself and/or the Participant or damage to property, arising out of or relating to the Participant’s participation in the Activity and/or event(s) caused or alleged to be caused in whole or in part by the negligence of ROGUE JJ, the Releasees or otherwise.
   
   

3. INDEMNIFICATION: Participant, if he/she is an adult, or parent(s), for themselves and on behalf of their participating minor child if the Participant is a minor child, shall defend, indemnify, and hold harmless ROGUE JJ and all Releasees from and against any and all claims, losses, damages, liabilities, deficiencies, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by or awarded against ROGUE JJ or any Releasees, arising out of or resulting from the Participant’s participation in the Activity, including any claim arising out of, resulting from or related to the Participant’s own negligence or the ordinary negligence of ROGUE JJ, the Releasees or otherwise.
   
   

4. MEDICAL COVERAGE AND CONSENT TO MEDICAL TREATMENT: I acknowledge that I carry personal medical insurance on behalf of the Participant, and I understand that I am solely responsible for the Participant’s medical bills for any injury regardless of the cause. I grant permission in case of injury to have a doctor, nurse, athletic training or other emergency medical personnel provide the Participant with medical assistance or treatment for such injury. I give the instructors, staff and responsible adults the power to authorize medical or other treatment of the Participant, subject to the limitations listed below, if any. By granting my authorization, I assume responsibilities for all decisions made, and I trust their judgment and give them the benefit of the doubt to them in any claim or legal proceeding. I understand that the instructors, senior students, or others may have some skills in first aid, CPR, and at their discretion, I authorize them to use those skills and techniques to assist in any circumstance in which they judge their skills would be necessary or helpful to the Participant.
   
   

5. MEDIA RELEASE: Participant, if he/she is an adult, or parent(s), for themselves and on behalf of their participating minor child if the Participant is a minor child, hereby grants permission to ROGUE JJ to use my and/or the Participant’s image, story, photo, likeness, statement, opinion, or other item for any purpose (the “Materials”), including but not limited to the ROGUE JJ website and ROGUE JJ’s promotions, instructional videos, social media, and school advertisements. Participant, if he/she is an adult, or parent(s), for themselves and on behalf of their participating minor child if the Participant is a minor child, hereby releases ROGUE JJ and all the Releasees from all claims and demands arising out of or in connection with any use of said Materials, including, without limitation, all claims for invasion of privacy, infringement of my and/or the Participant’s right of publicity, defamation, and any other personal and/or property rights, and further acknowledges and agrees that no sums whatsoever will be due to me or the Participant as a result of the use and/or exploitation of the Materials or any rights therein.
   
   

6. RIGHT TO PROHIBIT PRACTICE OR PARTICIPATION: ROGUE JJ reserves the right to prohibit the Participant from participating in the Activity for any reason without providing a refund.
   
   

7. RELEASE APPLIES TO ALL PARTIES ASSOCIATED WITH ROGUE JJ: This Release applies to all parties including ROGUE JJ, the Releasees, Edward Chou individually and their marital community, Constantine Hatzis individually and their marital community, affiliated individuals, organizations, entities, designated instructors, guest instructors, owners and officers of these organizations, instructors, coaches, assistants, and the owners and managers of the property in which ROGUE JJ operates.
   
   

8. ARBITRATION: Should any dispute arise between me, the Participant, or anyone acting on behalf of the Participant, regarding the matters contemplated by this Release, I agree that the dispute shall be resolved in binding arbitration. Should a suit be filed in state or federal court, I authorize the court to order the case to binding arbitration. 
   
   

9. RELEASE CONSTRUED BROADLY: I expressly agree that the foregoing Release is intended to be as broad and inclusive as is permitted by the law of the state of Washington and that if any portion is held invalid, illegal or unenforceable to any extent and for any reason by any court of competent jurisdiction, the remainder of this Release shall not be affected thereby and shall be enforceable to the fullest extent permitted by law.
   
   

10. DURABILITY; ENTIRE AGREEMENT; SUCCESSORS AND ASSIGNS: This Release is effective from the date signed with no expiration. Furthermore, the terms of this Release are retroactive to the date of the Participant’s first participation in the Activity with ROGUE JJ if this Release was signed after that date. This Release constitutes the sole and entire agreement of between me and ROGUE JJ with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. This Release is binding on and shall inure to the benefit of ROGUE JJ, the Releasees, and me and our respective heirs, successors, assigns, personal representatives, executors, next of kin, children, and family members.
    
    

I HAVE READ THIS RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

Participant: {name}

Parent/Guardian (for minor):

Address: {address}

Phone Number: {phone}

Emergency Contact: {contact_name}

Emergency Contact Phone Number: {contact_phone}

Emergency Contact Relationship: {contact_relation}