MOONEY BOYS JIU-JITSU LLC (TEXAS)

Participant Agreement and Release of Liability

THIS IS A LEGAL DOCUMENT. READ CAREFULLY BEFORE SIGNING.
BY SIGNING, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, EXCEPT AS EXPRESSLY STATED BELOW.

1) PARTICIPANT INFORMATION (REQUIRED)

Participant Full Legal Name: {name}

Date of Birth: {dob}

Phone: {phone}

Current Address: {address}

Emergency Contact Name: {contact_name}

Emergency Contact Phone: {contact_phone}

“Company” means Mooney Boys Jiu-Jitsu LLC, a Texas limited liability company, and its present and former owners, members, managers, officers, directors, employees, contractors, volunteers, agents, affiliates, successors, assigns, and representatives.

“Released Parties” means the Company and, to the fullest extent permitted by law, the Company’s landlords, property owners, management companies, event hosts/venues, sponsors, insurers, co-promoters, instructors (including guest instructors), other participants, and any other person or entity involved with or present at training or events.

“Activities” includes, without limitation: Brazilian Jiu-Jitsu (gi and no-gi), grappling, wrestling, judo/takedowns, MMA-style training, striking, sparring/rolling, drilling, self-defense training, strength and conditioning, use of training or fitness equipment (pads, gloves, dummies, resistance bands, kettlebells, barbells, dumbbells, racks, benches, machines, and weights), attendance on the premises (mats, lobby, showers, restrooms, parking lot), and any Company-sanctioned event or activity on- or off-site.

2) ADVISORY OF RIGHTS AND RESPONSIBILITIES (SAFETY CULTURE)

Safety is not the sole responsibility of instructors and staff. Everyone shares responsibility for their own safety and the safety of others.

Participant responsibilities include:

• Excusing myself from any activity I believe may be harmful
• Training within my ability and physical condition
• Informing instructors of unsafe pairings or drills
• Maintaining awareness and spacing
• Stopping immediately if injury is suspected
• Reporting unsafe conduct or equipment

3) ASSUMPTION OF RISK (INCLUDING GRAPPLING, STRIKING, AND FITNESS TRAINING)

I understand the Activities are inherently dangerous and involve physical contact and strenuous exertion. Participation may result in serious injury, permanent disability, paralysis, or death.

I specifically understand and accept risks including:

• Falls, throws, takedowns, impacts, and collisions
• Joint locks causing sprains, tears, dislocations, or fractures
• Chokes/strangulation causing dizziness, unconsciousness, stroke, or catastrophic injury
• Striking injuries including concussions and head trauma
• Overexertion, cardiac events, dehydration, or aggravation of pre-existing conditions
• Exposure to communicable illness and skin infections
• Unsafe or negligent actions of other participants
• Equipment failure or misuse

I ALSO UNDERSTAND THAT STRENGTH AND CONDITIONING EQUIPMENT (INCLUDING FREE WEIGHTS, RACKS, BANDS, AND MACHINES) MAY BE USED IMPROPERLY OR MAY FAIL, WHICH CAN CAUSE SERIOUS INJURY INCLUDING CRUSHING, DROPPING, OR IMPACT INJURIES.

I understand that some activities may occur without direct supervision and I voluntarily accept full responsibility for my own safety during such use.

I voluntarily choose to participate and assume all risks, known or unknown.

4) HEALTH REPRESENTATIONS; DUTY TO SELF-EXCLUDE; HYGIENE RESPONSIBILITIES

I represent that:

• I am physically and mentally able to participate
• I will not train while contagious or symptomatic
• I will follow hygiene requirements
• I will disclose known risks to instructors

The Company may restrict or deny participation for safety or hygiene concerns.

5) INSPECTION AND REFUSAL TO PARTICIPATE

I agree to inspect facilities, equipment, and pairings and will refuse participation if anything appears unsafe.

6) RELEASE, WAIVER, AND COVENANT NOT TO SUE

TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, I RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM ANY CLAIM ARISING FROM MY OR MY CHILD’S PARTICIPATION IN OR PRESENCE AT THE ACTIVITIES OR PREMISES, INCLUDING CLAIMS CAUSED BY NEGLIGENCE.

THIS RELEASE DOES NOT APPLY TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WHERE PROHIBITED BY LAW.

THIS AGREEMENT RELEASES CLAIMS FOR THE NEGLIGENCE OF THE RELEASED PARTIES.

7) INDEMNIFICATION / HOLD HARMLESS

I agree to indemnify and defend the Released Parties against claims arising from:

• my participation
• rule violations
• my acts or omissions
• claims brought contrary to this Agreement

8) NOTICE AND CONSENT TO INSTRUCTORS

I consent to instruction by any instructor or designee approved by the Company.

9) NOTICE OF PHYSICAL CONTACT; CONSENT; CONDUCT

I understand training involves close physical contact and agree to conduct myself appropriately. I may stop participation at any time.

10) AUTHORIZATION TO PROVIDE / OBTAIN MEDICAL CARE

I authorize reasonable first aid and emergency treatment and accept responsibility for medical costs.

Medical limitations/instructions (leave blank if none):

  - I have listed all known medical limitations that I am currently aware of.

11) MEDIA RELEASE

I grant permission for photographs and recordings for promotional use unless I provide written opt-out notice in-person to the front desk before participation.

12) ARBITRATION AGREEMENT; JURY WAIVER; CLASS ACTION WAIVER

Any dispute, claim, or controversy arising out of or relating to this Agreement, the Activities, the premises, or the relationship between the Participant and the Company—including claims based in contract, tort, statute, negligence, or any other legal theory—shall be resolved by binding individual arbitration.

The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its applicable rules, as modified by this Agreement. The arbitration shall take place in Orange County, Texas, unless the parties agree otherwise.

THE PARTIES KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY.

The Participant agrees that all claims must be brought in the Participant’s individual capacity only and not as a plaintiff or class member in any purported class, collective, representative, or private attorney general proceeding.

This arbitration agreement shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and shall survive the termination of this Agreement and the Participant’s relationship with the Company.

Each party shall bear its own attorney’s fees and costs unless otherwise awarded by the arbitrator or required by applicable law.

13) COMPANY RULES; DISCIPLINE; TERMINATION OF PARTICIPATION

I agree to follow all Company rules and safety policies.

The Company may suspend or terminate my participation or membership at its discretion for unsafe conduct, rule violations, or hygiene/safety concerns and may deny access without refund where permitted by law.

14) TEXAS LAW; VENUE

Texas law governs. Venue is Orange County, Texas.

15) SEVERABILITY

Invalid provisions are modified or removed without affecting the remainder.

16) TERM; DURABILITY; RETROACTIVE APPLICATION

Effective upon signing and applies to prior participation to the fullest extent permitted by law.

17) ENTIRE AGREEMENT; NO RELIANCE

This document is the entire agreement. I am not relying on statements outside this document. Modifications must be in writing.

18) MINOR PARTICIPANT ACKNOWLEDGMENT

If the Participant is under eighteen (18) years of age, the undersigned signer represents and warrants that they are the Participant’s parent or legal guardian with full legal authority to execute this Agreement on the Participant’s behalf.

The undersigned acknowledges and agrees that the Minor’s participation in the Activities involves inherent risks, including physical contact, grappling, takedowns, joint locks, chokes/strangulation, striking, and the use of fitness and training equipment, which may result in serious injury, permanent disability, paralysis, or death.

On behalf of the Minor and the undersigned, and to the fullest extent permitted by Texas law, the undersigned ASSUMES ALL RISKS associated with the Minor’s participation and RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE the Released Parties from any claims arising from the Minor’s participation or presence, INCLUDING CLAIMS BASED ON THE NEGLIGENCE OF THE RELEASED PARTIES, except to the extent prohibited by law (including gross negligence or willful misconduct).

The undersigned further agrees to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from any claims, damages, losses, liabilities, costs, or expenses (including attorney’s fees) arising from or related to the Minor’s participation or any claims asserted by or on behalf of the Minor.

By signing below, the undersigned confirms that this Agreement is binding upon the undersigned, the Minor, and their respective heirs, legal representatives, and assigns.

19) ACKNOWLEDGMENT AND SIGNATURE

I HAVE READ THIS DOCUMENT AND UNDERSTAND I AM WAIVING SUBSTANTIAL LEGAL RIGHTS. I SIGN VOLUNTARILY.

Printed Name of Individual Signing:

{sign_date}

Participant Signature (or Parent/Guardian if Under 18):