Release of Liability, Waiver, And Hold Harmless Agreement
RELEASE OF LIABILITY, WAIVER, AND HOLD HARMLESS AGREEMENT
THIS DOCUMENT LIMITS YOUR LEGAL RIGHTS. AMONG OTHER THINGS, IT WILL PREVENT YOU FROM EVER SUING OHS, LLC (INCLUDING ITS OWNERS AND EMPLOYEES). READ IT CAREFULLY BEFORE YOU SIGN.
In consideration of being allowed to participate in the activities provided by OHS, LLC ("OHS"), or at its facilities, I acknowledge and agree to the following:
I. Mixed martial arts (MMA), submission grappling, and kickboxing are activities, which are, by their nature, dangerous. They involve the actual use of violence. I, and the individuals with who I practice and train, will be learning and practicing techniques designed to injure people. Injury or even death may result. Knowing all of this, I have nonetheless decided to engage in MMA, submission grappling, and/or kickboxing for reasons of my own.
2. OHS is not in any respect assuming financial or legal responsibility for any personal injuries or other adverse consequences, which may result. I understand that I must obtain my own medical, disability and other insurance, and generally protect myself from the financial consequences of injury.
3. The specific types of physical harm, which may result from my participating in MMA, submission grappling, and/or kickboxing activities, are too numerous to list specifically. By way of example, they may include broken bones, serious soft tissue injuries, serious internal injuries (including injury and organ damage) and serious cuts. I understand that my participation in MMA, submission grappling, and/or kickboxing may result in serious injury, paralysis or other disability, disfigurement or death from these or other causes. I am knowingly and willingly assuming these risks because, even though I am aware of them, I still want to participate in this activity.
4. I am also aware that MMA, submission grappling, and/or kickboxing is often conducted in close contact with my opponent and/or training partner. I understand that there is a possibility that open wounds and other circumstances may cause the transmission of blood or other fluid-borne diseases from others to me, and from me to others. These diseases may include AIDS and hepatitis. OHS is making no representation as to the probability of any such infection occurring. Even though I am aware of this risk, I still choose to participate in MMA, submission grappling, and/or kickboxing activities.
5. I consent, and willingly, voluntarily and expressly agree, to assume all of the risks involved in or arising from participating in MMA, submission grappling, and/or kickboxing activities conducted by OHS or on its premises, including, but not limited to, those risks specifically described above, and further agree to release, discharge and hold harmless OHS (including any director, officer, employee, shareholder, agent or other representatives of OHS) from and against any and all liability, judgments, settlements, claims, debts, costs or expenses (including attorney fees), cause of action, suits, other claims and demands of any kind or nature, however described, whether known or unknown, foreseen or unforeseen, which may arise out of or be connected in any way with participation in MMA, submission grappling, and/or kickboxing activities.
6. I understand that, by signing this document, I am agreeing to discharge OHS, for now and forever, from possible claims which I or others may assert against OHS (or its agents or other representatives) for its or their negligence, other tortuous conduct, contractual undertakings, breach of any express or implied warranties, intentional wrong doings, or any other conduct or omission which may give rise to a potential claim. I AGREE THAT IF I DO GET INJURED OR OTHERWISE DAMAGED, NO SUIT WILL BE BROUGHT OR MAINTAINED AGAINST OHS OR ANY OF ITS AGENTS OR REPRESENTATIVES.
7. It is my intent that if any part of the Agreement is invalidated by a court, the other parts should remain fully enforceable.
8. I am signing this Agreement for myself, for my spouse and any marital community of which I am part (if I am or get married), for my minor child if my minor child will be involved in MMA, submission grappling, and/or kickboxing activities, and for my heirs, successors, personal representatives and assigns. If the individual participating in MMA, submission grappling, and/or kickboxing activities is my minor child, all references to — I', me', and my" in this Agreement shall be deemed references to my child as appropriate to make clear that I understand that my child and I assume the risks to which my child may be subject.
9. I am eighteen year of age or older, of sound mind, and I enter into this Agreement of my own free and voluntary choice and without compulsion or advice from any representative of OHS. OHS has made no promise or representation to induce me to sign this document. I recognize that this document has serious legal consequences and understand that if I have any questions about its meaning or effect, I should consult an attorney of my choice.
I HAVE FULLY READ AND UNDERSTAND AND AGREE TO EACH OF THE ABOVE PARAGRAPHS. AS FURTHER EVIDENCE OF MY UNDERSTANDING AND AGREEMENT, I HAVE INITIALED EACH PARAGRAPH AFTER READING IT.