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PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING, YOU ARE GIVING UP LEGAL
RIGHTS.
This Release and Indemnification Agreement (Agreement) is entered into by the Adult Participant,
and if any minor is named below, the Adult Participant on behalf of and as parent or legal guardian for the
Child Participant(s) in favor of Zero MMA, LLC (Zero MMA). This provisions of this agreement shall
survive the termination member’s membership. Collectively and severally, Adult Participant and Child
Participant are referred to as the Participant. In consideration of Zero MMA permitting Participant access
to the Premises and the ability to participate in the Activities, including the Activities that may occur in,
about, or near 4833 I-30 Frontage Rd BLDG 102, Caddo Mills, TX 75135. Participant agrees as follows:
1. NATURE OF THE ACTIVITIES: Zero MMA operates as a mixed martial arts academy, which
offers Participants (a) the opportunity to participate actively or passively, in MMA related activities,
including, but not limited to, punching, kicking, grappling, tumbling, slamming, throwing, choking,
joint manipulation.
2. TYPES OF RISKS:
2.1 RISKS ASSOCIATED WITH ACTIVITIES: Participants acknowledges there are inherent risks
in and injuries that may occur from participating in the Activities, including, but not limited to,
equipment malfunction; defective design or manufacture of equipment; improper or negligent
installation of equipment; negligent maintenance of equipment; cuts; cruises; muscle strain;
twisted or sprained ankles, knees, shoulders, or wrists; burns; dirt or other materials in eye;
concussions; broken bones; physical or emotional injuries; landing wrong; over-exertion; being hit
or injured by other participants; collisions with other participants, erratic co-participant behavior;
using improper form or technique; slipping, falling, or tripping; equipment failure; error of judgment
by employees; paralysis, disability, or death; personal injury to third persons; or property damage.
Due to the nature of the Activities, there are more hazards and risks than the foregoing, and there
are also unknown and unforeseeable hazards. If you have any questions, please contact a
manger before purchasing membership.
2.2 EXPOSURE TO BACTERIA, FUNGUS, VIRUS, AND UNKNOWN CONTAGIOUS
DISEASES. By entering the Premises or when engaging in the Activities, there is a risk of
exposure to bacteria, fungus, viruses, and unknown contagious diseases, which notwithstanding
governmental recommendations and the practices of Zero MMA, cannot be eliminated.
CONSEQUENTLY, TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT
KNOWINGLY AND FULLY ASSUMES THE RISK OF, RELEASES, AND SHALL INDEMNIFY
ZERO MMA FROM ALL CLAIMS (AS DEFINED IN SECTION 5 BELOW) OR BODILY INJURY
RESULTING FROM PARTICIPANT’S EXPOSURE TO ANY BACTERIA, FUNGUS, VIRUS, OR
UNKNOWN CONTAGIOUS DISEASE AND IN ANY WAY CONNECTED TO PARTICIPANT’S
ENTRY INTO THE PREMISES OR ENGAGEMENT IN THE ACTIVITIES. FURTHER, ADULT
PARTICIPANT ON BEHALF OF HIM/HERSELF AND THAT OF THE CHILD PARTICIPANT(S)
CONSENTS TO HAVING THEIR TEMPERATURE TAKEN BY ZERO MMA AND
ACKNOWLEDGES THEY MAY BE DENIED ACCESS TO OR FORCED TO VACATE THE
PREMISES IF THEY EVIDENCE SYMPTOMS OF EXPOSURE TO BACTERIA, FUNGUS,
VIRUSES, OR UNKNOWN CONTAGIOUS DISEASES AS IDENTIFIED BY THE CENTER FOR
DISEASE CONTROL AND PREVENTION.
3. Assumption of Risks. Notwithstanding the foregoing risks and safety measures implemented by Zero
MMA, Participant acknowledges it is impossible to eliminate all risk of injury and understands the
demands of the Activities relative to Participant’s physical condition and skill level. PARTICIPANT
AFFIRMS THAT PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY AND PARTICIPANT
KNOWINGLY, WITH UNDERSTANDING OF THE RISKS AND POTENTIAL INJURIES, ASSUMES ALL
RISKS INHERENT WITH THE ACTIVITIES AND ACCESS TO THE PREMISES.
4. Alcohol, or Any drug (Prescription/Over the Counter/Illegal). Participant agrees to exercise ordinary
and reasonable care and to not consume alcohol or drug to the extent Participant’s judgment is impaired.
Participant understands the potential risks associated with the consumption of alcohol or drugs and
acknowledges Participant does not have and is not aware of any medical condition that would result in
any injury to Participant due to Participant’s consumption of alcohol or drugs. Participant assumes the
risks associated with alcohol or drug consumption and takes full responsibility for Participant’s own
actions, safety, and welfare. UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE ALLOWED TO
PARTICIPATE IN ANY ACTIVITIES IF PARTICIPANT HAS CONSUMED ALCOHOL OR DRUGS.
5. Release and Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, ADULT PARTICIPANT
ON BEHALF OF HIMSELF, CHILD PARTICIPANT, AND THEIR HEIRS, EXECUTORS, AND
REPRESENTATIVES RELEASES, AGRESS NOT TO SUE, AND SHALL INDEMNIFY ZERO MMA,
LLC, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES, AND
MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS,
AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS,
PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS,
VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF
ALL OF THEM (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIES,
LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES,
AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES AND COURT OR OTHER COSTS)
OF (IN WHOLE OR IN PART) ANY PROPERTY DAMAGE OR BODILY INJURY (INCLUDING DEATH)
TO PARTICIPANT RESULTING IN ANY WAY FROM (A) PARTICIPANT’S USE OF THE PREMISES, (B)
PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES, (C) LOSS OR THEFT
OF PERSONAL PROPERTY, (D) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY
PARTICIPANT OR ANY OTHER INVITEE OF ZERO MMA, OR (E) PARTICIPANT’S BREACH OF THIS
AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY THE CLAIM IS
CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR
WILLFUL MISCONDUCT OF THE PROTECTED PARTIES OR PARTICIPANT. THE INDEMNITY
SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED
PARTIES FROM (Y) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD
PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING
SUBSECTIONS AND (Z) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY
OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR
ON BEHALF OF THE CHILD PARTICIPANT.
6. Dispute Resolution.
6.1. Arbitration. Any dispute or claim arising out of or relating to this Agreement, breach thereof,
the Premises, Activities, property damage (real or personal), personal injury (including death), or
the scope, arbitrability, or validity of this arbitration agreement (Dispute) shall be brought by the
parties in their individual capacity and not as a plaintiff or class member in any purported class or
representative capacity, and settled by binding arbitration before a single arbitrator administered
by the American Arbitration Association (AAA) per its Commercial Industry Arbitration Rules in
effect at the time the demand for arbitration is filed. Judgment on the arbitration award may be
entered in any federal or state court having jurisdiction thereof. The arbitrator shall have no
authority to award punitive or exemplary damages. If the Dispute cannot be heard by the AAA for
any reason, the Dispute shall be heard by an arbitrator mutually selected by the parties. If the
parties cannot agree upon an arbitrator, then either party may petition an appropriate court to
appoint an arbitrator. Arbitration and the enforcement of any award rendered in the arbitration
proceedings shall be subject to and governed by 9 U.S.C. § 1 et seq.
6.2 Waiver of Jury Trial. TO THE EXTENT PERMITTED BY LAW, ADULT PARTICIPANT AND
ZERO MMA KNOWINGLY, WILLINGLY, AND VOLUNTARILY WITH FULL AWARENESS OF
THE LEGAL CONSEQUENCES, AFTER CONSULTING WITH COUNSEL (OR AFTER HAVING
WAIVED THE OPPORTUNITY TO CONSULT WITH COUNSEL) AGREE TO WAIVE THEIR
RIGHT TO A JURY TRIAL OF ANY DISPUTE AND TO RESOLVE ANY AND ALL DISPUTES
THROUGH ARBITRATION. The right to trial by jury is a right parties would or might otherwise
have had under the Constitution of the Unites States of America and the state in which the
Premises is located.
7. License. Participant irrevocably grants the Protected Parties the right to use all or a portion of an
image or video of Participant and their name and likeness in all forms and media including composite or
modified representations for all purposes, including advertising, trade, or any commercial purpose
throughout the world and in perpetuity. PARTICIPANT WAIVES THE RIGHT TO INSPECT OR
APPROVE VERSIONS OF IMAGES OR VIDEOS USED FOR PUBLICATION OR THE WRITTEN COPY
THAT MAY BE USED IN CONNECTION WITH TIMAGES/VIDEOS. PARTICIPANT RELEASES THE
PROTECTED PRATIES FROM ANY CLAIMS THAT MAY ARISE REGARDING THE USE OF
PARTICIPANT’S STATEMENTS, VIDEOS, OR IMAGES INCLUDING ANY CLAIMS OF DEFAMATION,
INVASTION OF PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY, OR
COPYRIGHT.
8. Authority. If Adult Participant signs this Agreement on behalf of his/her spouse, child, family member,
friend, minor child, or other person, Adult Participant warrants and represents to Zero MMA that he/she
has the legal authority and such person’s actual and implied authority to execute this Agreement on their
behalf, including, but not limited to, the arbitration clause, release, indemnity agreement, and license.
9. Acknowledgements. Participant represents to the Protected Parties that this Agreement is a complete
and final release and indemnity agreement, that Participant is voluntarily entering into this Agreement,
and no representations, promises, or statements made by ay of the Protected Parties has influenced
Participant in signing this Agreement. Participant agrees that there are no oral agreements,
repersentations, promises, or warranties that are not expressly set forth herein, this Agreement may only
be modified in writing, and that the Participant is not relying on any statements or representations of the
Protected Parties that are not expressly contained herein. Participant expressly agrees that this
Agreement is intended to be as proad and inclusive as is permitted by the laws of the state in which the
Premises is located and that if any portion thereof is held invalid, it is agreed that the balance shall,
notwithstanding, continue in full legal force and effect. Venue for any action brought hereunder or due to
Participant’s use of the Premises or participation in the Activities shall lie in the County in which the
Premises is located. The substantive laws of the state in which the Premises is located shall apply. By
signing below, Participant authorizes Zero MMA to communicate with Participant via email with updates,
news, advertisements, and offers.
10. Representation by Participant. Participant represents to the Protected Parties as follows:
A. Participant shall obey all rules while participating in the Activities and alert staff of any rules
violations or dangerous behavior.
B. Participant possesses a sufficient level of skill and physical fitness for safe participation in the
Activities.
C. Participant shall only attempt Activities that Participant can perform safely.
D. Participant is not aware of any health problems that would prevent him/her from participating in
the Activities.
E. Participant has received either medical clearance from his/her physician prior to participation in
the Activities or has determined that such clearance is not necessary for his/her safe participation in the
Activities.
F. Zero MMA may, but shall not be obligated or required to, administer to Participant emergency
aid, CPR ,and use an AED (defibrillator), secure emergency medical care or transportation (i.e., EMS),
and participant shall assume all costs of emergency medical care and transportation.
G. Participant shall discontinue participation in the Activities if Participant feels any unusual
discomfort (e.g., faintness, shortness of breath, high anxiety, or chest pains).
BY EXECUTING THIS AGREEMENT, I REPRESENT I HAD A SUFFICIENT OPPORTUNITY TO READ
THIS AGREEMENT. I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AGREE TO BE
BOUND AS SET FORTH HEREIN.
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