Liability Waiver

"Participant" means the person named below who takes part in any Activity. "Released Parties" means Winter Haven Martial Arts Academy LLC and its owners, members, managers, officers, directors, employees, coaches, instructors, independent contractors, volunteers, agents, representatives, affiliates, insurers, successors and assigns; the owner and landlord of any premises where an Activity takes place; and the organizers, hosts and sponsors of any Academy-sponsored event, in each case only with respect to that party's role in providing, hosting or supporting the Activity. Each Released Party is an intended third-party beneficiary of this Agreement.

"Activities" means all instruction, training, practice, drilling, sparring, live rolling, open mats, private lessons, testing and promotions, strength and conditioning, kids, teen, adult and homeschool martial arts programs, competitions and tournaments, seminars, demonstrations, camps and special events, in Brazilian Jiu-Jitsu, Judo, boxing, wrestling and grappling, and all related activities, together with use of the Academy's premises, mats, locker rooms, parking areas, equipment and facilities. Activities include Academy-sponsored activities off the premises, including training at another facility, competitions and events, and travel to and from those activities that is organized or provided by the Academy.

Participation is entirely voluntary. The Participant may stop at any time and should do so if the Participant feels unsafe, unwell or beyond his or her ability.

I understand that martial arts are physically demanding, full-contact combat activities that are dangerous by their nature. Injury is a normal, expected and unavoidable part of these activities, even when everyone involved uses reasonable care.

I acknowledge that the risks inherent in — that is, characteristic of, intrinsic to, and an integral part of — the Activities include, without limitation:

• Striking and contact: punches, kicks, knees, elbows, clinch work, pummeling, accidental and intentional contact with other participants, and contact from participants who are inexperienced, fatigued, careless or who apply more force than intended.
• Grappling and throwing: throws, sweeps, takedowns, slams, falling and being fallen upon, being pinned or held down, scrambles, and impact with the mat, walls, equipment or other participants.
• Submissions: chokes and strangulation techniques (which may cause loss of consciousness), joint locks, armbars, shoulder locks, wrist locks, neck cranks, spinal locks, and leg locks including knee, ankle and foot attacks, and injuries from techniques applied too quickly or released too slowly, or from failure or delay in submitting or "tapping."
• Training conditions: sparring, live rolling, competition, drilling, calisthenics, weightlifting and conditioning; mats, training surfaces, flooring and equipment that may be worn, wet, slippery, uneven or defective; slips, trips and falls; overexertion, dehydration, heat illness and cardiac events.
• Resulting injuries: bruises, cuts, lacerations, abrasions, mat burns, sprains, strains, muscle tears, dislocations, separations, fractures, dental and facial injuries, eye injuries, ear injuries including cauliflower ear, head injuries, concussions and repeated sub-concussive impacts, neck and spinal injuries, joint and cartilage damage, nerve and neurological injuries, internal injuries, loss of consciousness, temporary or permanent disability, paralysis, and death.
• Illness and infection: skin and communicable conditions common in contact sports, including ringworm and other fungal infections, impetigo, herpes gladiatorum, staph and MRSA infections, and respiratory or other transmissible illnesses.
• Conduct of others: the risk that another participant may act negligently, carelessly or intentionally in a way that contributes to injury, and the risk that the Academy may not warn me of every risk.

Not every risk can be anticipated or listed. I assume all risks of the Activities, whether or not described above, and whether known or unknown.

In exchange for being allowed to participate, I release, waive, discharge and covenant not to sue the Released Parties from and for any and all claims, demands, losses, liabilities, damages, costs and causes of action of any kind — including claims for personal injury, bodily injury, illness, infection, disability, paralysis, death, property damage, medical expenses, lost wages and wrongful death — which arise out of or relate in any way to the Activities, whether caused by the inherent risks of the Activities, by the conduct of another participant, or by the ordinary negligence or carelessness of any of the Released Parties, including negligent instruction, negligent supervision, negligent matching of training partners, negligent maintenance of the premises or equipment, and negligent response to injury.

I understand that the word "negligence" means the failure of a Released Party to use reasonable care, and that by signing this Agreement I am giving up the right to recover from the Released Parties for injuries caused by their ordinary negligence, even if those injuries are serious or fatal.

This release does not apply to, and I do not release, any claim that Florida law does not permit to be released in advance, including claims for gross negligence, recklessness, or intentional, willful or wanton misconduct. This Agreement is to be enforced to the fullest extent permitted by Florida law and no further. It binds me, my spouse, children, heirs, personal representatives, executors, administrators, assigns and next of kin, and — where signed by a parent or legal guardian — the minor Participant to the extent permitted by Florida law.

• I represent that the Participant is in good health and physically and mentally able to take part, and that I, not the Academy, am responsible for determining that. The Academy has not provided and is not expected to provide a medical evaluation or clearance.
• I will disclose below any medical condition, allergy, medication, injury or limitation relevant to safe participation, and will inform an instructor promptly if that information changes.
• The Participant will stop training immediately and notify an instructor if the Participant becomes injured, ill, dizzy, faint, short of breath, or experiences pain, a head impact, or any symptom of concussion.
• The Academy does not employ or guarantee the presence of physicians, athletic trainers, paramedics or other medical personnel at any Activity.
• If the Participant cannot give consent because of injury, illness or incapacity, I authorize the Academy and its instructors to summon emergency medical services and to authorize and consent to reasonable emergency medical care, first aid, transportation and hospital treatment, and to contact the emergency contact listed below.
• To the fullest extent permitted by law, I am financially responsible for all costs of medical care, treatment and transportation for the Participant. The Academy does not provide accident or health insurance for participants.

Close-contact training transmits skin and communicable infections. I acknowledge that risk and agree that the Participant will: not train while the Participant knows or reasonably suspects he or she has a contagious skin condition (including ringworm, impetigo, herpes gladiatorum, staph or MRSA) or any other contagious illness, and will not return until cleared consistent with Academy policy; promptly notify an instructor of any suspected contagious condition and cover open wounds; and comply with all Academy hygiene rules, including clean uniform and clothing, short and clean nails, showering, and cleaning of equipment.

The Participant will follow all Academy rules and posted policies, the directions of instructors and coaches, required safety and hygiene procedures, and all required protective equipment and uniform requirements, and will train safely, respectfully and within his or her skill level. The Academy may suspend, restrict, stop or permanently end any person's participation, at any time and without refund, if the Academy reasonably believes continued participation creates a risk to that person or to others, or violates Academy rules.

To the fullest extent permitted by Florida law, the Released Parties are not responsible for loss of, theft of, or damage to any personal property brought to the Academy or to any Activity, including items left in the training area, locker rooms, cubbies or vehicles. Lockers and storage are provided as a convenience only and are not secured.

To the fullest extent permitted by Florida law, I agree to indemnify, defend and hold harmless the Released Parties from any claim, demand, liability, loss or expense (including reasonable attorney's fees and costs) brought by me or by a third party arising out of my own act or omission, the Participant's act or omission, or the Participant's participation in the Activities, including a claim by another participant injured by the Participant, and including any claim brought in breach of the covenant not to sue in Section 4. This indemnity does not extend to any claim arising from a Released Party's own negligence, gross negligence, recklessness or intentional misconduct. Where the signer is a parent or legal guardian, this indemnity is the personal obligation of the signer and is not enforced against the minor's own person or property.

I authorize Winter Haven Martial Arts Academy LLC ("Academy") and its authorized representatives to photograph, video record and/or audio record the Participant while participating in classes, training, competitions, seminars, camps, demonstrations, promotions, special events and other Academy-related activities.

I grant the Academy permission to use, reproduce, edit, publish, display, distribute and otherwise use photographs, video recordings, audio recordings and other images or recordings of the Participant for legitimate Academy business, educational, promotional and marketing purposes, including, without limitation:

• the Academy's website;
• social media accounts;
• online advertisements;
• digital and printed advertising;
• brochures, flyers and posters;
• email communications;
• promotional videos;
• instructional or educational materials;
• news, publicity and community-relations materials; and
• other Academy promotional or business materials.

I understand that photographs or recordings published online or through social media may be viewed, copied, shared, downloaded or redistributed by third parties beyond the Academy's control.

I understand that the Participant will not receive compensation, royalties or other payment for the Academy's authorized use of such photographs or recordings.

I grant the Academy permission to edit, crop, reproduce or combine photographs and recordings with other material, provided that the Academy does not intentionally use the Participant's image or likeness in a defamatory, misleading or unlawful manner.

I understand that the Academy owns the photographs and recordings it creates, subject to applicable law, and that this authorization does not transfer ownership of the Participant's name or likeness to the Academy.

I release the Academy and its owners, employees, instructors, coaches, agents and authorized representatives from claims arising from uses of photographs, recordings or likenesses that are authorized by this Media Release, to the fullest extent permitted by law.

For a minor Participant, I represent that I am the Participant's parent or legal guardian and have authority to grant this permission on the minor's behalf.

I consent to conduct this transaction electronically and to sign this Agreement electronically under the Uniform Electronic Transactions Act, Chapter 668, Part I, Florida Statutes, and the federal E-SIGN Act, 15 U.S.C. § 7001. By typing my name and drawing my signature and submitting this form, I intend to sign this Agreement, and my electronic signature has the same legal force and effect as a handwritten signature on paper. I confirm that I had the opportunity to read the entire Agreement before signing, that I can receive and retain a copy in electronic form, and that I am the person identified as the signer and am authorized to sign.

This Agreement is the entire agreement on this subject and supersedes any prior oral or written statements about liability for the Activities. It applies to all Activities on the date signed and to all future Activities until revoked in writing delivered to the Academy, and survives any lapse or renewal of membership.

Severability. If any word, phrase, sentence, provision or application of this Agreement is held invalid or unenforceable, that part is to be modified, limited or severed so that the remainder remains in full force and effect and is enforced to the maximum extent permitted by law.

Governing law and venue. This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-laws rules. The exclusive venue for any dispute arising out of or relating to this Agreement or the Activities is the state courts located in Polk County, Florida, or the United States District Court for the Middle District of Florida, Tampa Division, and I consent to personal jurisdiction and venue there.