PUNTA GORDA MARTIAL ARTS

Punta Gorda, Charlotte County, Florida

1. Parties and Definitions

This Waiver, Release of Liability, Assumption of Risk, and Indemnification Agreement (the “Agreement”) is entered into between (and, if signing on behalf of a minor, ) (collectively, “Participant,” “I,” “me,” or “my”) and Punta Gorda Martial Arts, including its owner(s), instructors, coaches, assistant coaches, employees, independent contractors, volunteers, agents, officers, members, managers, affiliates, successors, assigns, landlords, and lessors (collectively, the “Released Parties”).

“Activities” means any and all martial arts training, instruction, classes, private lessons, seminars, demonstrations, sparring, grappling, rolling, drills, conditioning, strength training, fitness activities, competitions, tournaments, in-house events, off-site events, exhibitions, social gatherings, observation of any of the foregoing, and use of the premises, equipment, mats, and facilities of Punta Gorda Martial Arts (the “Facility”).

2. Acknowledgment and Assumption of Risk

I understand that martial arts and combat sports are inherently dangerous and involve a significant and unavoidable risk of injury, illness, disability, paralysis, and death. No amount of care, caution, instruction, or expertise can eliminate the inherent risks of the Activities.

Risks include, but are not limited to:

•       Strikes, kicks, punches, elbows, knees, and accidental or intentional contact with another participant, instructor, or training partner;

•       Joint locks, chokes, submissions, takedowns, throws, sweeps, falls, slips, and trips;

•       Bruises, abrasions, lacerations, contusions, sprains, strains, dislocations, broken bones, concussions, traumatic brain injury, dental injury, eye injury, spinal cord injury, internal injury, paralysis, and death;

•       Cardiovascular events including heart attack and stroke arising from physical exertion;

•       Heat exhaustion, heat stroke, dehydration, and exhaustion;

•       Skin conditions and communicable diseases including but not limited to ringworm, staph, MRSA, herpes simplex (mat herpes), impetigo, influenza, COVID-19, and other viruses, bacteria, and infectious agents transmitted by skin contact, sweat, equipment, or air;

•       Equipment failure or misuse, mat injuries, and contact with walls, floors, ceilings, mirrors, fixtures, or other persons;

•       Negligent instruction, negligent supervision, negligent matching of training partners, or negligent acts or omissions of the Released Parties or other participants;

•       Pre-existing physical or psychological conditions that may be aggravated by the Activities; and

•       Injuries occurring during travel to or from the Facility or any event.

I VOLUNTARILY AND KNOWINGLY ASSUME ALL RISKS associated with my participation (or the participation of the minor I represent) in the Activities, whether known or unknown, foreseen or unforeseen, including risks arising from the ordinary negligence of the Released Parties.

3. Release and Waiver of Liability

To the fullest extent permitted by Florida law, I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Released Parties from any and all claims, demands, actions, causes of action, suits, damages, losses, costs, attorneys’ fees, and expenses of any kind whatsoever (collectively, “Claims”), whether known or unknown, that I, my heirs, executors, administrators, personal representatives, assigns, spouse, children, next of kin, or any other person claiming through me may have or may hereafter accrue, arising out of or related in any way to:

1.     My participation, or the participation of any minor I represent, in the Activities;

2.     My presence, or the presence of any minor I represent, at the Facility or at any location where Activities are conducted;

3.     Any injury, illness, disability, death, or damage to property sustained in connection with the Activities; and

4.     Any act, omission, or negligence (including the ordinary negligence of any Released Party) related to the foregoing.

This release is intended to be as broad and inclusive as permitted by the laws of the State of Florida. I understand and agree that this Agreement releases the Released Parties from liability arising from their own ordinary negligence. This release does not apply to claims arising from gross negligence, intentional misconduct, or other conduct that may not, by law, be released.

4. Indemnification and Hold Harmless

I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all Claims brought by me, by any minor I represent, by my family members, heirs, or representatives, or by any third party, arising out of or related to the Activities or my presence (or the minor’s presence) at the Facility. This includes payment of reasonable attorneys’ fees, court costs, expert witness fees, and all other costs of defense, whether or not litigation is commenced.

If I am signing on behalf of a minor, I personally agree to indemnify the Released Parties for any Claims brought by or on behalf of that minor, including Claims the minor may bring after reaching the age of majority.

5. Parent / Legal Guardian Acknowledgment (for Participants Under 18)

If the Participant is under the age of 18, I represent and warrant that I am the parent or legal guardian of the minor Participant and that I have full legal authority to execute this Agreement on the minor’s behalf. I have read this Agreement in full and explained its meaning to the minor to the extent appropriate for the minor’s age and understanding.

As parent or legal guardian, I agree, on behalf of myself and the minor, to all assumptions of risk, releases, waivers, covenants not to sue, indemnification obligations, and other provisions of this Agreement. I further waive, to the fullest extent permitted by law, any and all claims I may have personally, and any claims the minor may bring (including after reaching the age of majority), against the Released Parties arising from the Activities.

I understand that Florida courts generally enforce parent-signed pre-injury releases on behalf of minors for participation in commercial recreational activities, and I intend this Agreement to have the broadest enforceability permitted under Florida law, including under Florida Statutes § 744.301(3) and applicable case law.

6. Representation of Physical Condition

I represent that I (and any minor I represent) am in good physical and mental health and have no medical condition, injury, disability, or impairment that would prevent safe participation in the Activities. I have been advised to consult with a licensed physician before beginning any martial arts training and assume all responsibility for doing so. I agree to immediately notify an instructor of any injury, pain, illness, or condition that arises during or as a result of participation.

7. Medical Treatment Authorization

In the event of injury or medical emergency, I authorize the Released Parties to call emergency medical services and to consent to, or arrange for, emergency medical treatment, first aid, transportation, and hospitalization on my behalf (and on behalf of any minor I represent). I agree that the Released Parties have no obligation to provide medical care and are not responsible for the cost of any such care, transportation, or treatment, which shall be my sole financial responsibility.

8. Rules, Instruction, and Conduct

I agree to comply with all rules, policies, procedures, and instructions of Punta Gorda Martial Arts and its instructors, including rules regarding hygiene, attire, equipment, sparring, and conduct. I understand that failure to comply may result in immediate removal from the Facility without refund. I agree to conduct myself in a safe, respectful, and sportsmanlike manner at all times and acknowledge that I am responsible for my own actions and any injuries I cause to others.

9. Photo, Video, and Media Release

I grant Punta Gorda Martial Arts and its Released Parties the irrevocable, royalty-free, perpetual, worldwide right to photograph, film, video record, and audio record me (and any minor I represent) during the Activities, and to use, reproduce, edit, publish, distribute, and display such images, recordings, and likenesses in any media now known or later developed, including social media, websites, advertising, and promotional materials, without compensation, notice, or further consent. I waive any right to inspect or approve the finished product or any use thereof and release the Released Parties from any claim related to such use, including claims for invasion of privacy, defamation, or right of publicity.

10. Personal Property

The Released Parties are not responsible for any personal property that is lost, stolen, damaged, or destroyed at the Facility or at any event. I assume full responsibility for my belongings and those of any minor I represent.

11. Governing Law, Venue, and Jury Waiver

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict-of-law principles. I agree that any and all disputes, claims, or causes of action arising out of or relating to this Agreement or the Activities shall be brought exclusively in the state courts located in Charlotte County, Florida, or the United States District Court for the Middle District of Florida, Fort Myers Division, and I consent to personal jurisdiction and venue in those courts and waive any objection to inconvenient forum.

TO THE FULLEST EXTENT PERMITTED BY LAW, I KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY in any action, proceeding, or counterclaim arising out of or relating to this Agreement or the Activities.

12. Severability and Survival

If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties’ original intent to the greatest extent possible. The releases, waivers, covenants not to sue, and indemnification obligations in this Agreement shall survive its termination.

13. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to its subject matter, supersedes all prior oral or written agreements, and may not be modified except in a writing signed by an authorized representative of Punta Gorda Martial Arts. No oral representation, statement, or inducement made by any agent or employee of the Released Parties shall be binding.

14. Electronic Signature Consent

I agree that my electronic signature submitted through this online form has the same legal force and effect as a handwritten signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN), the Uniform Electronic Transactions Act, and the Florida Electronic Signature Act, Florida Statutes § 668.001 et seq. I consent to conducting this transaction electronically and to receiving records related to this Agreement in electronic form. The date and time of submission, my IP address, and my electronic signature are sufficient to authenticate this Agreement.

15. Acknowledgment and Voluntary Execution

I CERTIFY THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE. I INTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT PERMITTED BY FLORIDA LAW.