PLEASE READ THIS FORM CAREFULLY, be aware that signing this Release, Liability Waiver Indemnity Agreement (the “Release”), you ON BEHALF OF YOURSELF AND YOUR MINOR CHILD OR WARD, IF APPLICABLE, will be expressly waiving and releasing any and all claims that you may have against Hart Jiu Jitsu INC. d/b/a Dan Hart Ju-Jitsu and their affiliates, owners, directors, managers, officers, employees, agents, and all other persons or entities acting for the foregoing (collectively, the “Academy”) related to injuries, damages, or losses, that you and your minor child/ward may sustain while participating in any and all activities associated with the Academy, and you will be assuming all risk and legal liability associated with such participation.

In consideration of being permitted to participate in any way in the Martial Arts Program (as defined below), by Academy currently located at 1108 N Seminary, Woodstock, IL 60098, USA (the “Premises”), I, the undersigned, or, if a minor child/ward, the parent(s) and/or legal guardian of the minor child/ward participant named below (hereinafter, collectively, “I,” “me” or “my”), enter into this Release and hereby agree as follows:

1. Acknowledgement and Assumption of Risk. I consent to participate in the programs, events, lessons, workshops, competitions, and other activities conducted by Academy (collectively, the “Martial Arts Program”). I acknowledge that the Martial Arts Program involves known and unanticipated risks and can result in physical or emotional injury, paralysis, permanent disability, death, and/or property damage. I understand such risks can be severe and cannot be eliminated despite the use of safety equipment and procedures without jeopardizing the essential qualities of the Martial Arts Program. I expressly accept and assume all such risks and understand that I am responsible for any injuries or property damage caused to or by me while participating in the Martial Arts Program. Participating in the Martial Arts Program is purely voluntary and I elect to do so despite the aforementioned risks. I understand that prior to participating in the Martial Arts Program, I must inspect the Premises and equipment to be used and agree that if at any time I feel unsafe I will immediately take all precautions to avoid the unsafe area or condition, will discontinue participation in the Martial Arts Program and notify the Academy of the unsafe area, condition or equipment.

2. Medical Condition and Treatment. I represent and warrant that I am physically fit and have no adverse physical condition that would prevent or inhibit my participation in the Martial Arts Program. I understand and agree that in permitting me to participate in the Martial Arts Program, the Academy has relied on my representation that I am in good health to participate. I agree to disclose all medical conditions, injuries, ailments and other issues to this Academy prior to my participation in the Martial Arts Program or as soon as such ailments, injuries or conditions arise, and I understand that my failure to do so further waives this Academy’s liability from any and all injuries or damages related to my continued participation in the Martial Arts Program.

3. Non-Sexual Intent. Some of the physical activities in the Martial Arts Program require close bodily contact that is not intended to be of a sexual nature, intent or context.

4. Assumption of Responsibility and Risk: Infectious Disease. I understand that in any activity involving a publicly accessible place and involving other people, there is a risk of exposure to bacteria, viruses, or other communicable diseases (including, without limitation, risks associated with COVID-19 and its variants), toxins, parasites, or other adverse health factors. I understand and agree to exercise reasonable care to minimize exposing others and advise the Academy, leaders, and participants if I discover that I was previously contagious. I further understand and agree that I assume the risk of exposure when I enter, attend and participate at the Academy in the Martial Arts Program.

5. Equipment. By my participation in the Martial Arts Program and for use of any and all equipment, I hereby assume all risks and dangers and all responsibility for any losses, injury, and/or damages whether caused in whole or in part by the negligence or the conduct of the Academy, leaders, other participants, or by any other person.

6. Extracurricular Activities and Transportation. From time to time, the Academy may host, organize or sponsor social and other extracurricular activities and events in, outside of, around and off of the Premises that may or may not be related to the Martial Arts Program. I understand that my involvement and/or participation in such activities is completely voluntary and agree that the terms of this Release shall extend to, and include, such events and activities. In the event that the Academy provides transportation to the Premises or any other location where the Academy is conducting any activity, event or gathering, I understand that my consent to be transported is completely voluntary and hereby agree that the Academy shall not bear any liability for any injury, loss, destruction, death or any other similar or related consequence either to my person or my property during or as a result of such transportation. I further understand that this Academy 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 or related consequence either to my person or my property during or as a result of my choice of transportation.

7. Waiver and Release. I HEREBY WAIVE, RELEASE, DISCHARGE, AND COVENANT NOT TO SUE THE ACADEMY FOR ANY AND ALL CLAIMS, DEMANDS, OR CAUSES OF ACTION THAT ARE IN ANY WAY CONNECTED TO THE ACTIVITIES (COLLECTIVELY, “CLAIMS”), INCLUDING CLAIMS FOR MY DEATH, DISABILITY, PERSONAL INJURY, PROPERTY DAMAGE, PROPERTY THEFT, OR ACTIONS OF ANY KIND WHICH MAY HEREINAFTER ACCRUE, NOTWITHSTANDING THE FACT THAT SUCH CLAIMS MAY BE THE RESULT OF THE ACADEMY’S NEGLIGENCE. IN NO EVENT SHALL THE ACADEMY’S LIABILITY TO ME WITH RESPECT TO ANY CLAIM THAT IS NOT THE RESULT OF THE ACADEMY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT EXCEED THE TOTAL FEES PAID BY ME TO THE ACADEMY WITHIN THE THIRTY (30) DAYS PRIOR TO THE DATE SUCH CLAIM ARISES.

8. Indemnification By Participants and/or Parents. I INDEMNIFY AND HOLD HARMLESS THE ACADEMY FROM ANY AND ALL LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) OR CLAIMS MADE BY THIRD PARTIES DUE TO MY ACTIONS OR INACTIONS DURING ANY ACTIVITIES RELATED TO THE MARTIAL ARTS PROGRAM OR DESCRIBED IN THIS RELEASE . FURTHER, IF THE MINOR ON BEHALF OF WHOM I EXECUTE THIS RELEASE OR ANY OF MY FAMILY MEMBERS, RELATIVES, OR OTHER GUESTS MAKES A CLAIM AGAINST THE ACADEMY, THE UNDERSIGNED WILL INDEMNIFY AND HOLD HARMLESS THE ACADEMY FROM ANY AND ALL LIABILITIES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATED TO SUCH CLAIM. SHOULD THE ACADEMY INCUR ATTORNEYS’ FEES AND COSTS TO ENFORCE THIS RELEASE, I SHALL REIMBURSE TO THE ACADEMY ALL SUCH FEES AND COSTS.

I agree not to bring any claim or suit against the Academy instructors, staff, participants, landlord, or any other parties on behalf of my child for any injury or harm sustained by any event short of a criminal act, and then only the criminal shall be the subject of such a claim.

I shall indemnify the Academy, instructors, staff, participants, and any and all additional defendants covered by this agreement for all judgments, costs, attorney fees and other expenses incurred as a result of any suit brought by or on behalf of my child or ward.

9. Use of Media. I hereby expressly grant the Academy the right to copyright and/or use, reuse, or broadcast and republish videotapes, films, photographs, digital images, audio recordings, and testimonials (collectively, “Media”) of me or my property, and to put such Media to any use, without limitation or reservation, without compensation, and without my future review or approval of such use. I further relinquish all claims to the use or ownership of such Media. I also Acknowledge that I have no right to use any of the Academy’s curriculum, logo, name, documents, worksheets, or Media without the Academy’s permission.

10. Severability. In the event that any provision of this Release shall be determined to be invalid, illegal, or unenforceable to any extent, the remainder shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

11. Miscellaneous. Any dispute arising out of or in connection with this Release, including any claim, demand, or cause of action, shall be governed by and construed in accordance with the laws of the state of Illinois, without giving effect to any conflict of law principles. Any legal action or proceeding arising out of or relating to this Agreement shall be exclusively brought in the state or federal courts located in the county of McHenry, Illinois. By signing this Agreement, the parties irrevocably consent to the jurisdiction and venue of such courts and waive any objections they may have based on improper venue or forum non conveniens.

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, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY FROM THE ACADEMY TO THE FULLEST EXTENT PERMITTED BY LAW.