Gold Bar Training Center, LLC Agreement, Participant Waiver and Release of Liability
In consideration of the services of Gold Bar Training Center, LLC, its agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "GOLD BAR"), I hereby agree to the following:
1. I agree to pay the following amount for _________[Insert fee, deposit, etc.].
2. I acknowledge that my participation in physical exercise, training, martial arts and combat sports, including but not limited to Brazilian Jiu Jitsu, Kickboxing, Wrestling, and Muay Thai (collectively “Activities”) described herein entails known and unanticipated risks that could result in property damage, severe physical and mental injuries and death to me and third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activities.
3. I represent that I: am physically and mentally able to participate in the Activities; will not participate in the Activities after consumption of any alcoholic beverages, medications, or drugs; will not engage in reckless, careless, or inappropriate behavior; will follow all rules and regulations; will engage in the Activities in a safe manner consistent with performing said Activities; will not damage any personal property; understand that my Activities may be terminated at the discretion of GOLD BAR for inappropriate behavior, general misconduct, or failure to follow any rules or regulations.
4. I hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with the Activities. I fully understand that these risks can lead to severe injury and even loss of life. I understand that the Activities are conducted at a site that that does not have medical assistance; nevertheless, I choose to proceed even in the absence of competent medical assistance. Despite the potential hazards and dangers associated with the Activities, I wish to proceed and I freely accept and expressly assume any and all risks, dangers and hazards that may arise from the Activities which could result in personal injury, loss of life, and property damage to me.
5. In consideration of being allowed to participate in the Activities, as well as the use of any of the facilities and use of the equipment, I hereby waive and release any and all claims that I my estate, heirs, executors and/or assigns may have against GOLD BAR including but not limited to personal injury, property damage or wrongful death whether caused by active or passive negligence of the releases or otherwise. Further, I agree to indemnify and hold harmless GOLD BAR from any and all claims, demands, or causes of action, and attorneys’ fees which are in any way connected with my participation in the Activities or my use of GOLD BAR’s equipment or facilities. GOLD BAR shall be entitled to its reasonable attorneys’ fees and costs in order to enforce this Agreement.
6. I consent to the use of photographs and/or video recordings taken of me during my participation in the GOLD BAR’s activities for promotional purposes, including but not limited to its website, social media, and printed materials.
7. Any legal action concerning this Agreement shall be filed in Pennington County, South Dakota. In the event of participant’s default, GOLD BAR shall be entitled to interest at 18% per annum, its attorneys’ fees and costs in enforcing this Agreement from the time of breach up through and until any judgment is fully satisfied. If any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
8. I agree that this document is valid for all visits and Activities at GOLD BAR.
9. I have had sufficient opportunity to read this entire document and by my signature agree. By entering into this Agreement, I am not relying on any oral or written representation or statements made by GOLD BAR, other than what is set forth herein. I hereby declare that I am of legal age and am
competent to sign this agreement or, if not, that my parent or legal guardian shall sign on my behalf, and that my parent or legal guardian is in complete understanding and concurrence with this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY IT.
Participant Signature: Date:
Printed Name: {name}Phone Number: {phone}
Address: {address}
Date of Birth: {dob}
Emergency Contact Information: {contact_name} {contact_phone}
