Adult Participant Waiver, Release of Liability, Assumption of Risk, and Indemnification Agreement

1. Participant Information

2. Covered Activities and Premises

In consideration for being permitted to enter the premises and participate in activities associated with Appalachian Grappling Collective, I voluntarily agree to the terms of this Agreement.

The covered activities include, without limitation:

• Brazilian jiu-jitsu, submission grappling, wrestling, takedowns and ground fighting;
• Sparring, rolling, drilling, positional training and conditioning;
• Self-defense and fight-oriented training;
• Striking-related demonstrations or exercises when included in a training session;
• Use of mats, training equipment and other portions of the property;
• Observing, assisting with or being present during training; and
• Entering, parking at, walking through or otherwise being present at the private residence where training occurs.

For purposes of this Agreement, “Released Parties” means Appalachian Grappling Collective, its organizer or host, the owner and occupants of the residence and property, their spouses and family members, training partners, volunteers, guests, representatives, successors and assigns.

3. Acknowledgment of Risks

I understand that grappling, jiu-jitsu, wrestling and fight-oriented training are inherently dangerous physical activities involving close bodily contact, force, resistance, impact, joint manipulation, choking techniques, throws, takedowns and unpredictable movement.

I understand that participation may result in injuries including, but not limited to:

• Bruises, cuts, abrasions, mat burns and bleeding;
• Sprains, strains, dislocations and torn muscles, tendons or ligaments;
• Broken bones and dental injuries;
• Concussions, traumatic brain injuries and loss of consciousness;
• Neck, back, spinal cord or neurological injuries;
• Joint damage, including injuries to the knees, shoulders, elbows, wrists, ankles and fingers;
• Choking, restricted breathing or restricted blood flow;
• Eye, ear and facial injuries;
• Heart attack, stroke or other medical emergencies;
• Exposure to bacteria, viruses, fungi, skin infections or communicable illnesses;
• Permanent disability, paralysis or death;
• Emotional distress, financial loss, lost wages and medical expenses; and
• Property damage or loss.

I understand that these risks may result from my own actions or condition, the actions of another participant, the condition of the mats or equipment, the condition of the residence or surrounding property, accidental contact, improper technique, equipment failure, inadequate supervision or instruction, or the ordinary negligence of one or more Released Parties.

I understand that this is a private training group located at a personal residence and not presently a commercial martial-arts academy. I further understand that the organizer does not represent himself as a licensed medical professional or dedicated black-belt instructor.

4. Voluntary Participation and Assumption of Risk

I voluntarily choose to participate with full knowledge of the risks involved.

I knowingly and freely accept and assume all known and unknown risks associated with the covered activities and my presence on the property, whether those risks are obvious or not and whether they arise from the activity itself, the premises, another participant, equipment, or the ordinary negligence of a Released Party.

I accept full responsibility for determining whether I am physically, mentally and medically capable of participating. I understand that I may decline any drill, technique or round and may stop participating at any time.

5. Release and Waiver of Liability

To the fullest extent permitted by Tennessee law, I release, waive and forever discharge the Released Parties from all claims, demands, damages, losses, liabilities, actions or causes of action arising from or related to my participation, my presence on the property or my use of any equipment.

This release expressly includes claims alleging:

• Ordinary negligence by a Released Party;
• Negligent maintenance or condition of the premises, mats or equipment;
• Negligent supervision, organization or selection of training partners;
• Negligent instruction, demonstration or communication;
• Failure to warn of a condition or danger;
• Negligent rendering of first aid or emergency assistance;
• Injuries caused by another participant; and
• Personal injury, illness, disability, death, emotional harm, property damage, medical expense, lost income or any other loss.

This Agreement is intended to be as broad and inclusive as Tennessee law permits. It does not release conduct that cannot lawfully be released by contract.

6. Covenant Not to Sue

To the fullest extent permitted by law, I agree not to file, initiate, maintain or assist in any lawsuit or claim against a Released Party for any matter released under this Agreement.

I understand that by signing this Agreement, I am giving up substantial legal rights, including the possible right to recover compensation for injuries or losses caused by a Released Party’s ordinary negligence.

7. Indemnification

To the fullest extent permitted by law, I agree to indemnify, defend and hold harmless the Released Parties from claims, liabilities, damages, judgments, expenses and reasonable attorneys’ fees arising from:

• My conduct while participating in or attending the covered activities;
• Injury or damage that I cause to another person or their property;
• My violation of the collective’s rules or safety requirements; or
• A claim brought on my behalf that is contrary to the release and covenant contained in this Agreement.

This provision does not require me to indemnify a Released Party for conduct that cannot legally be released or indemnified under Tennessee law.

8. Medical Condition and Health Certification

I represent that:

• I am physically and mentally capable of participating;
• I have disclosed any condition that could create a significant danger to myself or others;
• I am not participating while impaired by alcohol, illegal drugs or medication that makes participation unsafe;
• I will not train while suffering from a contagious illness, open or uncovered wound, unexplained rash, ringworm, staph infection or other communicable skin condition; and
• I am responsible for obtaining medical advice before participating if I have any doubt about my health or fitness.

I understand that the Released Parties are not responsible for evaluating or monitoring my medical fitness.

9. Emergency Medical Authorization

If I become injured or ill and am unable to make decisions, I authorize the Released Parties to contact emergency services and provide reasonable first aid until professional assistance arrives.

I understand that:

• No Released Party is obligated to provide medical treatment;
• Any assistance may be provided by someone without medical training;
• Emergency transportation or treatment may involve additional risks; and
• I am solely responsible for all ambulance, hospital, physician, rehabilitation and other medical expenses.

I release the Released Parties from claims arising from the good-faith provision of, failure to provide or delay in providing emergency assistance, to the fullest extent permitted by law.

10. Personal Property

I am solely responsible for my vehicle, clothing, equipment, electronics and other belongings. I release the Released Parties from claims involving lost, stolen or damaged property, except where such a release is prohibited by law.

11. Compliance With Rules

I agree to follow all rules, hygiene standards, parking instructions, access restrictions and safety directions established by Appalachian Grappling Collective.

I specifically agree to:

• Bring and maintain my own suitable gear;
• Arrive clean and wear freshly washed training clothing;
• Keep my fingernails and toenails trimmed;
• Cover cuts and abrasions properly;
• Refrain from training while ill or contagious;
• Tap when necessary and immediately release any submission when my partner taps or communicates distress;
• Use reasonable control and account for differences in size, experience, age and physical condition;
• Avoid reckless, malicious or intentionally harmful conduct;
• Respect the residence, property, hosts and other participants;
• Keep the private address confidential and not invite or bring others without permission; and
• Leave the property when directed.

I understand that permission to participate may be withdrawn at any time.

12. Insurance and Financial Responsibility

I understand that Appalachian Grappling Collective and the Released Parties do not provide health, accident, disability or life insurance for me.

I accept sole financial responsibility for injuries, medical treatment, rehabilitation, lost wages, property damage and all other consequences arising from my participation or presence on the property, regardless of whether I have personal insurance coverage.

13. Governing Law and Venue

This Agreement shall be governed by the laws of the State of Tennessee.

To the extent permitted by law, any dispute concerning this Agreement or the covered activities shall be brought exclusively in a court of competent jurisdiction located in Jefferson County, Tennessee.

14. Severability

If any provision of this Agreement is found invalid or unenforceable, that provision shall be modified or severed only to the minimum extent necessary. The remaining provisions shall continue in full force and effect.

15. Continuing Effect

This Agreement applies to my current participation and every future visit, practice, training session, event or activity associated with Appalachian Grappling Collective unless replaced or revoked in writing by the organizer.

16. Knowing and Voluntary Agreement

I acknowledge that I have carefully read this entire Agreement. I understand its terms and understand that I am waiving important legal rights, including certain rights to sue for injuries caused by ordinary negligence.

I affirm that:

• I am at least 18 years old;
• I have had the opportunity to ask questions;
• I have had the opportunity to consult an attorney;
• I am signing voluntarily and without coercion;
• I am not relying on any oral statement that contradicts this Agreement; and
• I intend for this Agreement to bind me and, to the fullest extent permitted by law, my heirs, estate, personal representatives, executors, administrators and assigns.