First Visit Training Waiver
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Medical Conditions, Injuries, and/or Allergies
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Liability Waiver - Indemnification and Assumption of Risk
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I agree to the terms and conditions
I, (“Student”), wish to enroll and participate in martial arts training, weight & fitness training, and other competitive group sport activities (“Martial Arts Activities”) conducted by the Elite MMA Companies. From time to time, other instructors (including assistant instructors and guest instructors) may participate in martial art & fitness training, teaching, and activities at Elite MMA Greenway, LLC, Elite MMA Kingwood, LLC, Elite Mixed Martial Arts-Baytown, LLC, Elite Mixed Martial Arts-Memorial, LLC, and Elite Martial Arts & Fitness, Inc. Student understands and agrees that he or she will be engaging in these Martial Arts Activities with other students, individuals, assistant instructors, guest instructors and instructors who are associated with Elite MMA Companies (collectively referred to herein as “Participants”). In consideration for permitting the student to enroll and participate in such Martial Arts Activities, the Student, individually or if the student is a minor then as the guardian, parent of next friend on behalf of such minor, and on behalf of his or her personal representatives, executors, administrators, heirs, next-of-kin, spouse and assigns agrees as follows:
1. Student agrees to abide by all rules governing the conduct and operation of instruction, respect other Participants and observers, and conduct them self in an admirable and appropriate manner both inside and outside the classroom.
2. Students understand and agree that regular attendance is expected and necessary to fully benefit from Martial Arts Activities. Tuition is payable as agreed upon during sign up and is due regardless of the number of classes attended by the student unless alternative plans are worked out between the Student and Elite MMA Companies.
3. Student understands that he or she is responsible for his or her own safety and as part of such responsibility agrees to abide by the following sparring rules: 1) No full contact striking, only light contact striking, and kicking allowed; and 2) during sparring which involves striking & kicking, the Student agrees to wear a mouthpiece, headgear (if doing light striking to the head), and groin protector, as necessary. The student agrees and understands that while Elite MMA Companies from time to time may have safety gear available, it is the responsibility of the student to provide such safety gear.
4. Students acknowledge that instruction in Martial Arts Activities is for the purpose of self-defense, recreation, fitness, sport, or amateur competition only. Give the purpose of this training, Student understands and agrees that physical contact will occur among Participants during Martial Arts Activities and Student agrees to assume all of the risks associated with such training. These risks include but are not limited to striking, kicking, increased heart rate, dehydration, spinal endangerment, choking, joint locks, broken bones, tearing of muscles or ligaments, bruising, injured joints, falling, concussion or other type of cognitive injury, and other types of serious physical injury (herein referred to as “Known Risks”). Student agrees that the inherent-risk doctrine applies to these Known Risks and Martial Arts Activities.
5. AS PART OF THE CONSIDERATION FOR ALLOWING STUDENT TO PARTICIPATE IN MARTIAL ARTS ACTIVITIES, STUDENT AGREES TO INDEMNIFY, RELEASE, DISCHARGE, WAIVE, DEFEND, HOLDS HARMLESS AND RELINQUISHE ANY AND ALL CAUSES OF ACTION OR CLAIMS FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH OCCURRING TO STUDENT AS A RESULT OF OR IN ANY WAY RELATED TO ENGAGING OR RECEIVING INSTRUCTION IN MARTIAL ARTS ACTIVITIES. THIS WAIVER, RELEASE, AND INDEMNIFICATION APPLIES TO AND IS FOR THE BENEFIT OF ELITE MMA AND ALL PARTICIPANTS, AS DEFINED HEREIN.
STUDENT AGREES THAT THIS RELEASE, WAVIER AND INDEMNIFICATION APPLIES TO THE STUDENT, STUDENT’S HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND ANYONE ELSE ACT BY OR THROUGH STUDENT. STUDENT AGREES THAT UNDER NO CIRCUMSTANCES WILL STUDENT OR STUDENT’S HEIRS, EXECUTORS, PERSONAL REPRESENTATIVES, NEXT OF KIN, SPOUSE, ADMINISTRATORS OR ASSIGNS FILE, PROSECUTE OR PRESENT ANY GENERAL NEGLIGENCE TYPE CLAIM FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH AGAINST THE ELITE MMA COMPANIES OR ANY PARTICIPANTS, AS DEFINED HEREIN. THIS AGREEMENT TO INDEMNIFY, RELEASE, WAIVE, DEFEND, DISCHARGE AND HOLD HARMLESS THE ELITE MMA COMPANIES AND PARTICIPANTS EXPRESSLY INCLUDES ANY AND ALL CLAIMS, DAMAGES, OR LIABILITY OF ANY KIND FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY OR ARISING FROM THE NEGLIGENCE OF THE ELITE MMA COMPANIES, THEMSELVES, AS WELL AS ANY PERSON OR PIECE OF EQUIPMENT OWNED AND/OR OPERATED UNDER THE SUPERVISION OR NON SUPERVISION OF ANYONE AFFILIATED OR ASSOCIATED WITH THE ELITE MMA COMPANIES. TO THE EXTENT A CLAIM FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL IS BROUGHT, FILED OR PRESENTED ON BEHALF OF A MINOR STUDENT, STUDENT’S PARENT, GUARDIAN OR NEXT FRIEND HEREBY EXPRESSLY AGRESS THAT BY SIGNING THIS DOCUMENT HE OR SHE AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ELITE MMA COMPANIES OR ANY PARTICIPANTS FROM AND AGAINST ANY AND ALL GENERNAL NEGLIGENCE TYPE CLAIMS ASSERTED ON BEHALF OF SUCH MINOR FOR ANY KNOWN RISK ASSOICAITED WITH ENGAGING IN MARTIAL ARTS ACTIVITIES.
BY SIGNING THIS AGREEMENT, STUDENT AND/OR HIS OR HER PARENT, GUARDIAN OR NEXT FRIEND IS KNOWINGLY AND INTENTIONALLY GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE ON THE BASIS OF NEGLIGENCE INCLUDING THE ELITE MMA COMPANIES’ OWN NEGLIGENCE.
STUDENT AND/OR HIS OR HER PARENT, GUARDIAN OR NEXT FRIEND HAS READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT AND HAVE HAD THE OPPROTUINTY SHOULD THEY SO CHOOSE TO CONSULT WITH AN ATTORENY REGARDING ITS LEGAL EFFECTS. STUDENT’S SIGNATURE CONFIRMS STUDENTS UNDERSTANDING THIS DOCUMENT AND AGREEMENT TO ITS TERMS.
6. Elite MMA Companies will exercise reasonable judgment, skill and supervision to reduce the likelihood of any such injuries. However, understanding this, Student assumes and accepts such risks and dangers of damage, injury or death inherent in such Martial Arts Activities and agrees to the waiver and release of liability stated above at paragraph 5, and understands and agrees that this is a complete waiver and release of liability of any claim against the Elite MMA Companies and Participants for any injury which may occur in the course of such Martial Arts Activities, even if such injury is caused by negligence. Student acknowledges and agrees that Student has relied completely and solely on his or her own judgment in signing this Agreement and has not relied on any other statement or representation by Elite MMA Companies concerning the nature and effect of this Agreement.
7. Student expressly agrees that the release and waiver of liability, assumption of risk, and indemnity agreement stated herein is governed by laws of the state of Texas and is intended to be as broad and inclusive as is permitted by Texas law, and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the balance of the Agreement shall not be affected or impaired in an way and shall continue in full legal force and effect. Student agrees that any dispute, claim or causes of action shall be brought and decided in Harris County, Texas
8. ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL
-Arbitration: Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration, rather than in court. The arbitration shall be administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
-No Class Actions: The parties agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The parties expressly waive any right to bring or maintain any class action, collective action, or other representative action against one another in connection with any disputes arising out of or related to this Agreement.
-Waiver of Jury Trial: The parties voluntarily and knowingly waive any right they may have to a jury trial in any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, and acknowledge that this waiver is a material inducement to enter into a business relationship, that each party has already relied on this waiver in entering into this Agreement, and that each will continue to rely on this waiver in their related future dealings.
-Governing Law: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict of law provisions.
-Students agree that all of their contact information and picture may be placed in the database of the Elite MMA Companies as well as the student’s picture on the Elite MMA Companies’ marketing efforts including social media and Elite MMA website.
I, the undersigned student (and the student’s guardian, if applicable), have carefully read all of the foregoing and have had the opportunity to fully discuss any questions I may have with a representative of the Elite MMA Companies including the nature of any risks or dangers associated with such martial arts activities. Having read and understood all of the above, I agree to its terms.
The Student is under age 18 and I am the parent or legal guardian of such student. I have read the foregoing and make this agreement on behalf of such minor student.
The term "Elite MMA Companies" means and includes Elite Mixed Martial Arts-Greenway, LLC, Elite Martial Arts & Fitness, Inc., Elite MMA-Baytown LLC, Elite MMA Kingwood LLC, Elite MMA Memorial LLC, PABJJ, their instructors, shareholders, directors, managers, members, partners, principals, investors, staff, trainers, affiliates or affiliated schools, contractors, employees and representatives, as well as additional locations, which may be added in the future from time to time.
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CLAIM YOUR FREE SESSION
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Name
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Email
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Phone
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Locations
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Please Select
Houston (Memorial)
Houston (Galleria)
Houston (Westchase)
Baytown
Kingwood
Atascocita
Programs
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Mixed Martial Arts
Brazilian Jiu-Jitsu
Boxing
Kickboxing
Self Defense
Youth
How can we help you?
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