The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but COVID-19 is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID- 19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death.
As you are aware, jiu-jitsu is a martial art that involves close person-to-person contact and contact with surfaces and objects (“Jiu-Jitsu Training”) and, accordingly, Jiu-Jitsu Training may result in personal injuries and/or death (including, without limitation, through the transmission of COVID-19). In recognition of the foregoing and other facts commonly known about COVID-19 and Jiu-Jitsu Training, the undersigned agrees to the following:
1. ASSUMPTION OF RISK. Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific injuries from Jiu-Jitsu Training vary from one activity to another, but the risks range from minor injuries (such as scratches, bruises, skin infections and sprains) to major injuries (such as joint or back injuries, bone fractures and concussions) to catastrophic injuries (such as) spinal and neck injuries, paralysis and death. I understand and appreciate these and other risks that are inherent in Jiu-Jitsu Training, and I hereby voluntarily and knowingly assume such risks. In addition, by signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by voluntarily engaging in Jiu-Jitsu Training and that such exposure or infection may result in personal injury, illness, permanent disability and death. In consideration of permission to engage in Jiu-Jitsu Training, I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death) or illness arising from COVID-19. Stay Cool Under Pressure LLC, a Montana limited liability company d/b/a Kron Gracie Jiu-Jitsu Academy, and any of its managers (including Kron Gracie), affiliated companies, consultants, agents, servants, employees, partners, shareholders, members (including Kron Gracie), predecessors, beneficiaries, representatives, officers and directors (collectively, “Affiliates”) cannot prevent you or your child(ren) from becoming exposed to, contracting, or spreading COVID-19 while utilizing Stay Cool Under Pressure LLC’s facilities or participating in Jiu-Jitsu Training. It is not possible to prevent against the presence of COVID-19. Therefore, if you choose to utilize Stay Cool Under Pressure LLC’s facilities or participate in Jiu-Jitsu Training you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19. I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my child(ren) in order to utilize [Stay Cool Under Pressure LLC’s facilities and/or participating in Jiu-Jitsu Training. These services are of such value to me and/or to my child(ren), that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize Stay Cool Under Pressure LLC’s facilities and/or participate in Jiu-Jitsu Training.
2. RELEASE AND WAIVER OF LIABILITY. I, for myself, my child(ren), my heirs, personal representatives, and assigns, do hereby forever release, waive and discharge Stay Cool Under Pressure LLC, a Montana limited liability company d/b/a Kron Gracie Jiu-Jitsu Academy and its Affiliates (including Kron Gracie) from any and all actions, claims, and demand I may have for any liability, injury, or damages (including bodily injury and death) arising out the negligence of Stay Cool Under Pressure LLC, a Montana limited liability company d/b/a Kron Gracie Jiu-Jitsu Academy and/or its Affiliates in connection with Jiu-Jitsu Training, and arising out the negligence of Stay Cool Under Pressure LLC, a Montana limited liability company d/b/a Kron Gracie Jiu-Jitsu Academy and/or its Affiliates in connection with COVID-19.
3. MISCELLANEOUS. I further agree that, should any provision of this Assumption of Risk and Release and Waiver of Liability be determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions of this agreement, which shall remain in full force and effect. I have read this Assumption of Risk and Release and Waiver of Liability, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I confirm that I am signing this agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability as set forth above, to the greatest extent allowed by law.
KRON GRACIE - MONTANA
