Breakthrough Family Academy of Martial Arts' Release, Liability Waiver, & Indemnity Agreement

This agreement must be signed by all members prior to participating in any Breakthrough Martial Arts or Breakthrough & Black Goten BJJ classes, seminars, and/or sanctioned events.  In consideration of being permitted to participate in any way in the Breakthrough Martial Arts’ programs, as defined below, by Breakthrough Martial Arts, LLC (“BMA”) and Breakthrough & Black Goten BJJ, currently located at 4274 West Riverbend Avenue, Post Falls, ID 83854 and 4203 West Riverbend Avenue, Post Falls, ID 83854 ("Premises"), I, or, if a minor, the parents and/or legal guardian of the minor participant named below (here in after will be collectively known as "I," "me," or "my."), enter into this Release, Liability Waiver, and Indemnity Agreement ("Agreement") and hereby agree to the following:

1.   I am voluntarily seeking and consenting to participate in BMA Martial Arts and BJJ Programs, which is defined to include but not be limited to, Martial Arts instruction and related training, including those in the arts of Brazilian Jiu-Jitsu, Judo, Ground Fighting, Grappling, Doce Pares, Arnis, Kenpo Karate, Kobudo, and other Martial Arts that commonly involve body contact with the ground as well as techniques such as chokes and joint locks; and other Martial Arts that commonly involve striking; Mixed Martial Arts (“MMA”); Martial Arts Weapons (such as but not limited to sticks, padded weapons, staff, sai, sword, kama, nunchaku, knife, katana, bokken, etc); self defense training and other Martial Arts that may be offered in the future and from time to time; physical, strength and/or cardio conditioning; yoga and other flexibility or meditative exercises; and other similar or related physical activities. I understand that the various activities of the Martial Arts program may take place in, outside of, around, and off the Premises, and I have the choice not to participate in any or all activities, events, or competitions offered by BMA.

2.  I represent and warrant that I am either of proper physical condition to participate in the Martial Arts programs, understanding the demands and nature of the activities provided above, and accept full responsibility for my participation therein in my current physical state. I agree to disclose all medical conditions, ailments, and other issues to BMA prior to my participation in the Martial Arts programs and understand that my failure to do so further waives BMA’s liability from any and all injuries and/or other outcomes related to my continued participation in the Martial Arts programs.

3.  I fully understand and acknowledge that THE ACTIVITIES OF THE MARTIAL ARTS PROGRAM ARE INHERENTLY DANGEROUS, such that:

1. There are risks and dangers associated with my participation in the Martial Arts programs that could result in bodily injury, partial and/or total disability, paralysis, or death.
   
   

2. The social and economic losses and/or injuries that could result from these risks and dangers described above could be severe.
   
   

3. These risks and dangers may be caused by the action or inaction of myself or others, including but not limited to: BMA and/or other participants in the Martial Arts programs; the rules and regulations of the Martial Arts programs; or the nature of the facilities or equipment used.
   
   

4. There may be other risks and dangers not known to us or are not reasonably foreseeable at this time.

4.  I understand, accept, and assume the above risks and dangers, both known and unknown, and I assume full responsibility for the injuries, maladies, losses, and/or damages resulting therefrom, however caused and whether caused in whole or in part by BMA.

5.  I 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 intense training practice and/or competition.

6.  I agree to strictly obey instructors and observe all safety rules, avoiding all of the Forbidden Moves detailed below.

1.  SLAMMING OUT OF A GUARD OR SUBMISSION.
   
   

2.  SPIKING ON THE HEAD. (IE: TOMBSTONE,
   
   

3. POWERBOMB, SUPLEX ON THE HEAD, OR
   
   

4. BELLY-TO-BELLY SUPLEX.)
   
   

5.  CERVICAL LOCKS (IE: TWISTER.) OR NECK CRANKS (IE: CAN OPENER.)
   
   

6.  FISH HOOKING.
   
   

7.  EYE-GOUGING.
   
   

8.  BITING.
   
   

9.  HEADBUTTING.
   
   

10.  JUMPING GUARD.
    
    

11.  SCISSOR TAKEDOWN.
    
    

12.  TRACHEA GRABS.
    
    

13.  OIL CHECKS.
    
    

14.  REAR TAKEDOWN TO TRAPPED ARM SIDE.
    
    

15.  SMALL DIGIT MANIPULATION.
    
    

16.  STEERING WHEEL TO PEOPLE’S LEGS.
    
    

17.  STRIKING DURING “GRAPPLING ONLY” CLASSES.
    
    

If I perform any of the above techniques, I forfeit any remaining tuition payments and BMA will terminate my membership effective immediately. The above moves are dangerous and risk serious injury and/or death to others involved. Any claims for re-compensation of monies paid will be forfeited with this knowledge.

7.  I understand and accept that I use any and all equipment and facilities "as-is" and at my own risk and peril, and I hold BMA harmless from any and all consequences resulting therefrom, including but not limited to: injury, malady, loss, and death, regardless of the cause. I further understand that said use is voluntary and by my own choice, and I may refuse said use and/or request the use or application of alternative equipment and facilities, although BMA is not obligated either to provide alternate accommodations or to compensate me for its refusal to do so.

8.  From time to time, BMA may host, organize, and/or sponsor social and other extracurricular activities and events in, outside of, around, and off of the Premises that may or may not be directly related to the Martial Arts programs. I understand that my involvement and/or participation in them is completely voluntary and agree that the terms of this Agreement shall extend to and include such events and activities.

9.  The participants agree that any pictures, audio, and/or visual recordings taken of him/her in connection with BMA related activities, including non BMA sponsored competitions, can be used for publication, promotion, articles, shows, and/or advertisement by BMA without any additional consent and without compensation at this or any other time.

1. It is prohibited to take pictures solely focused on another student without their permission and/or the expressed permission of their parent/legal guardian if a minor or to post pictures solely of other students without permission to any social media platforms.
   
   

10.  In the event that BMA provides transportation to the Premises or any other location where BMA is conducting any activity, event, and/or gathering, I understand that my consent to be transported is completely voluntary and hereby agree that BMA shall not bear any liability for any injury, loss, destruction, death, or any other similar and/or related consequence either to my person or my property during or as a result of such transportation, whether or not foreseeable and regardless of the cause. I further understand that BMA is not obligated to provide any transportation whatsoever on any occasion, and I assume full responsibility for any injury, loss, destruction, death, or other similar and/or related consequence either to my person or my property during or as a result of my choice of transportation.

11.  I understand and agree that I will be responsible for all of my personal possessions at all times. BMA shall not be held responsible or liable for lost or stolen items.

12.  I HEREBY FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE BMA, its affiliates, owners, instructors, managers, promoters, lessees, directors, officers, agents, and/or employees, from all liability for any and all claims, demands, losses, and/or damages arising out of or relating to the Martial Arts programs or any events or activities hosted, organized, or sponsored by BMA; any action or non-action undertaken by BMA; all acts of negligence on the part of BMA; or any rescue/emergency actions or medical treatment undertaken by BMA, if any. This Agreement shall extend to my personal representatives, assigns, executors, heirs, and/or next of kin.

13.  I further expressly agree that this Agreement is intended to be as broad and inclusive as permitted by law. Any portion that is uncertain or challenged as to its validity or enforceability shall be interpreted so that it most closely reflects the intent of the parties in entering into this Agreement, to the greatest extent permitted by law.

14.  If any portion of this Agreement herein is held invalid or otherwise legally unenforceable by a court of competent jurisdiction, both BMA and I agree that the remainder of this Agreement shall remain in full force and effect.

15.  Should any legal dispute arise out of this Agreement, and/or regarding any subject matter contained herein, I agree to pay for all attorney's fees and costs reasonably incurred by BMA in defense of any such dispute.

16.   I agree to hold BMA harmless and reimburse BMA for any and all costs incurred on my behalf.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY COERCION, INDUCEMENT, ASSURANCE, AND/OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY FROM BMA TO THE FULLEST EXTENT PERMITTED BY LAW. 

I am over 18 years of age. (If not over 18 years of age, your parent and/or legal guardian must sign.)

Date of Signature: {sign_date}