ARES BJJ SACRAMENTO LIABILITY RELEASE FORM
This Participant Agreement and Release (“Agreement”) is entered into on this date and is made by Titan Brazilian Jiu Jitsu, LLC, (“Company”) and the Participant (on behalf of myself, personal representatives, heirs, executors, administrators, and assigns) whom will be referred to herein as the “Parties.”
The Parties agree to engage in the practice and training of jiu-jitsu and other martial arts and to participate in the recording of such activities (hereinafter collectively referred to as the “Program”) which may be captured in various forms of media including but not limited to video and audio recording and photography. The Parties anticipate that the Program may be distributed via the internet and otherwise by Company for its own profit.
In consideration of taking part in the Program, the promotion and exposure of Participant derived therefrom, the promises contained herein and for other good and valuable consideration receipt of all of which is hereby acknowledged, Participant hereby grants Company and its respective licensees, successors, legal representatives, and assigns the right and permission to utilize Participant’s appearance and likeness in connection with the Program in any and all manner and media from the beginning of time and continuing in perpetuity, including any recording of martial arts activities that may predate the execution of this Agreement.
Participant expressly releases and holds harmless Company, its agents, legal representatives, owners, employees, independent contractors, co-venturers, partners, services providers, licensees, assigns, and all others acting by or through it from and against any and all claims which Participant may have for invasion of privacy, misappropriation of likeness, defamation or any other cause of action or claim arising out of the production, distribution, broadcast or exhibition of the Program and/or any and all media derived therefrom or related thereto.
Participant acknowledges that participating in the Program is physically demanding and potentially dangerous and assumes all risk associated with such participation, and warrants that Participant is in good physical condition and has no known medical condition which would impact or preclude full participation in the Program or place Participate at special risk of injury. Participant, on its own behalf and that of any assignees, successors, heirs, partners, spouses or any others taking by or through Participant, hereby releases and holds harmless Company, its agents, legal representatives, owners, employees, independent contractors, co-venturers, partners, services providers, licensees, assigns, and all others acting by or through it from and against any and all claims including any claims for property damage or personal injury to Participant including death or dismemberment which Participant may have for any liability arising from, connected to or associated with the Program, whether such liability sounds in tort, contract, statute or otherwise.
In the event any legal action is filed concerning this Agreement, the Program, or the Parties, the prevailing party in such action may recover the reasonable attorney’s fees and costs incurred in any such action. The Parties further agree that this Agreement is made in and is to be performed in California, that this Agreement shall be interpreted under California law, and that any such legal dispute shall be heard in San Diego County. The Parties further agree that the appropriate court in San Diego County does and shall have jurisdiction over them to adjudicate any such legal dispute and that San Diego County shall be the sole and exclusive jurisdiction for any such dispute.
It is Participant’s intention to, and hereby does, fully, finally and forever release any and all claims, known or unknown, existing as of the date of this Agreement, without regard to the subsequent discovery or existence of any facts Participant may learn concerning the Program, the Company or this Agreement. It is further the intent of Participant to waive any and all rights and benefits afforded by California Civil Code section 1542, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Participant understands and acknowledges the significance of this waiver of California Civil Code section 1542 and/or of any other applicable law relating to limitations on releases.
The Parties hereby represent to one another that they have full power and authority to enter into this Agreement and carry out their obligations. The Parties acknowledge that they have each had an opportunity to consult legal representatives concerning this Agreement and the terms and conditions contained herein. The Parties acknowledge that Company shall have the right to assign any right, interest or claim hereunder without additional consent from consideration paid to Participant. THE PARTIES HAVE READ, UNDERSTAND AND AGREE TO THE FOREGOING.
Student Signature below. If student is under 18 years old, parent or legal guardian must sign for the student.