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UPSTATE GRAPPLING CLUB WAIVER AND RELEASE OF LIABILITY

(hereinafter referred to as the “Release Agreement”)

BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT

PLEASE READ CAREFULLY!

This Release Agreement is entered into between the undersigned participant and the Upstate Grappling Club , including its directors, officers, employees, instructors, coaches, agents, volunteers, representatives, and affiliates (collectively referred to as “the Releasees”).

DEFINITION OF ACTIVITIES

For the purposes of this agreement, “ACTIVITIES” refers to all training, instruction, sparring, rolling, drilling, strength and conditioning, competitions, seminars, travel, and events associated with Brazilian Jiu Jitsu, grappling, wrestling, mixed martial arts (MMA) , and any other martial arts or fitness training conducted on or off the premises of Upstate Grappling Club.

PROTECTIVE EQUIPMENT

I acknowledge that I have been advised to wear appropriate protective equipment such as mouthguards, groin protection, rash guards, and other safety gear as recommended or required during all training sessions and activities. I understand that wearing such equipment is my responsibility.

ASSUMPTION OF RISKS

I understand that martial arts training, including Brazilian Jiu Jitsu and MMA, involves rigorous physical activity and carries inherent risks of injury, including but not limited to: bruises, sprains, joint dislocations, broken bones, head injuries, concussions, choking, muscle strains, permanent disability, or death. These risks can arise from my own actions, the actions of others, the physical environment, training intensity, or equipment failure.

I voluntarily assume all risks, known and unknown, associated with participation in these ACTIVITIES and accept full responsibility for my safety and any resulting injury or loss.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT

In consideration for being allowed to participate in the ACTIVITIES:

1. I WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the Releasees and RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY for any injury, death, property damage, or loss sustained as a result of my participation in the ACTIVITIES, including but not limited to negligence, breach of contract, or breach of any duty of care owed under applicable law.

2. I AGREE TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any claims made by third parties arising from my conduct during the ACTIVITIES.

3. I understand this Release Agreement is binding upon myself, my heirs, executors, administrators, legal representatives, and assigns.

4. I agree that this Release Agreement shall be governed by and interpreted in accordance with the laws of the state of New York and any legal actions shall be exclusively brought in a court of competent jurisdiction in that state.

CODE OF CONDUCT

I agree to abide by the rules and code of conduct set forth by the Upstate Grappling Club. I understand that disruptive, disrespectful, or dangerous behavior may result in disciplinary action including suspension or expulsion without refund.

MEDIA RELEASE – PHOTO, VIDEO, AND AUDIO CONSENT

I grant permission to the Upstate Grappling Club to photograph, film, or otherwise record my participation in ACTIVITIES. I authorize the use of my image, likeness, name, voice, and performance, with or without attribution, in promotional, marketing, educational, and commercial materials including but not limited to social media, websites, printed material, and video productions, without compensation.

I waive any right to inspect or approve the final use of such media.

PAYMENTS, MEMBERSHIP TERMS, RENEWAL, AND CANCELLATION

I acknowledge that all payments made to Upstate Grappling Club are non-refundable and subject to the membership terms outlined below.

I understand and agree that:

• All memberships are structured as a 12-month (one-year) commitment, unless otherwise agreed to in writing.
• Upon completion of the initial 12-month term, my membership will automatically renew on a month-to-month basis at the current membership rate unless properly canceled in accordance with this agreement.

CANCELLATION POLICY

• Cancellation requires a minimum of fifteen (15) days written notice prior to the next billing date.
• Notice must be submitted in writing (email or written form) to be valid.
• Verbal requests, missed classes, or informal communication do not constitute cancellation.

EARLY TERMINATION

• If I choose to cancel my membership before completing the full 12-month term, I agree to an early termination fee equal to two (2) months of membership dues ($250 total).
• This fee will be charged at the time of cancellation and must be paid in full.

ADDITIONAL TERMS

• Membership obligations, billing, and fees remain in effect regardless of attendance, usage, injury, relocation, or personal circumstances, except where required by law.
• Failure to provide proper notice or complete required payments may result in continued billing and/or collections action as permitted by law.

MEDICAL ACKNOWLEDGMENT

I affirm that I am physically capable of participating in martial arts training. I have not been advised otherwise by a medical professional. I authorize the Upstate Grappling Club to seek emergency medical care on my behalf if needed and understand that I am responsible for all related costs.

MINOR PARTICIPATION

If signing on behalf of a minor (under 18 years of age), I certify that I am the parent or legal guardian and have full legal authority to execute this waiver on their behalf. I consent to the minor's participation in ACTIVITIES and agree to all terms within this agreement.

I HAVE READ AND UNDERSTOOD THIS AGREEMENT. I AM AWARE THAT BY SIGNING THIS DOCUMENT, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I SIGN THIS DOCUMENT VOLUNTARILY AND WITHOUT INDUCEMENT.