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BlackHat Jiu Jitsu Club Liability Waiver, Release, Assumption of Risk & Indemnification Agreement

IMPORTANT: THIS IS A LEGAL DOCUMENT. BY SIGNING THIS DOCUMENT, YOU WAIVE CERTAIN LEGAL RIGHTS. PLEASE READ CAREFULLY BEFORE SIGNING.

In consideration of being permitted to participate in any activities, training, or events at or affiliated with BlackHat Jiu Jitsu Club LLC ("BlackHat", "the Club"), including use of its facilities, equipment, or off-site locations, I, the undersigned participant (or legal guardian if applicable), hereby acknowledge and agree to the following terms:

1. Acknowledgment of Legal Effect

I understand and agree that by signing this document I am entering into a binding legal agreement that waives certain rights, including the right to sue or make any claims against BlackHat Jiu Jitsu Club LLC, its owners, instructors, employees, agents, contractors, volunteers, landlords, affiliated entities, successors, and assigns (collectively, the “Released Parties”) for injuries, damages, or losses resulting from participation.

2. Assumption of Risk – Inherent Danger of Martial Arts and Fitness Activities

I understand that participation in martial arts, including but not limited to Brazilian Jiu Jitsu, self-defense, striking, sparring, fitness training, workshops, camps, open mats, and competitions , carries inherent and significant risks . These include, but are not limited to:

• Falls, throws, joint locks, and strangulations

• Bodily injuries (e.g., sprains, dislocations, broken bones, lacerations, concussions)

• Emotional stress, psychological impact, or economic loss

• Contact with other participants, mats, walls, equipment, or hard surfaces

• Use of shared gear or equipment

• Exposure to communicable illnesses (including but not limited to COVID-19, staph, MRSA, flu, ringworm)

• Risks from improper technique, insufficient supervision, or unknown hazards

I freely and voluntarily assume all such risks , whether known or unknown, anticipated or unanticipated, even if resulting from the negligence or gross negligence of the Released Parties.

3. Release of Liability and Waiver of Claims

To the fullest extent permitted by law, I hereby release, waive, and discharge the Released Parties from any and all liability, claims, demands, or causes of action arising out of or related to injury, illness, death, or property damage that may be sustained by me (or my minor child, if applicable) while participating in any BlackHat activity or while on BlackHat premises, regardless of cause, including negligence or gross negligence.

4. Indemnification

I agree to defend, indemnify, and hold harmless the Released Parties from any and all claims, damages, losses, or expenses (including attorneys’ fees and court costs) arising from my (or my child’s) participation, or the participation of any unauthorized minor for whom I sign this document without proper legal authority.

5. Medical Certification and Emergency Treatment Consent

I certify that I (or my child) am physically fit and have no medical conditions that would endanger myself or others. I authorize the Club’s staff to render emergency first aid and/or secure emergency medical treatment if necessary.

6. Use of Equipment and Facility “As-Is”

I agree to use the Club’s facilities and equipment strictly at my own risk and accept all equipment “as-is” , with no warranties expressed or implied. I accept full responsibility for injuries arising from use or misuse of equipment, regardless of condition.

7. Media Release

I grant BlackHat Jiu Jitsu Club permission to use photographs, video, or other media of me (or my child) taken during training for promotional, educational, or marketing purposes. I understand no compensation is provided.

8. No Warranty of Safety

I acknowledge that no amount of safety measures, instruction, supervision, or facility protocols can eliminate all risk of harm associated with martial arts and fitness training.

9. Dispute Resolution

Any disputes or claims arising from or related to this agreement or participation in Club activities shall be resolved through binding arbitration in Duval County, Florida, under the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorneys’ fees and costs.

10. Severability

If any provision of this agreement is found to be invalid or unenforceable, the remainder shall remain in full force and effect.

11. 24/7 Access & Solo Training Acknowledgment

I understand that BlackHat Jiu Jitsu Club may grant members 24/7 access to its facility via key fob, keypad, or other controlled entry systems. I acknowledge and agree to the following:

• During unstaffed hours, no coaches, staff, medical personnel, or other oversight may be present in the facility.

• I may choose to train, work out, or use the facility while completely alone or with other members who are not employees or representatives of BlackHat.

• Engaging in physical activity without supervision, including fitness equipment use, solo drills, or conditioning exercises, carries increased risk of injury, permanent disability, or death due to:

  • Slips, falls, or fainting during movement drills or calisthenics

  • Muscle strains, sprains, or joint injuries

  • Improper use of weights or fitness equipment

  • Medical emergencies with no immediate help available

• I understand that grappling techniques involving strangulation (blood flow restriction) are typically applied by a partner and are not a concern during solo activity. However, I acknowledge that even solo drills or training on grappling dummies carry inherent risk due to fatigue, imbalance, or accident.

I accept full responsibility for my safety during unstaffed access hours and release the Club from any liability resulting from solo training, including situations in which emergency response may be delayed .

I agree to comply with all 24/7 access policies, including but not limited to:

• Not allowing non-members or guests into the facility during unstaffed hours

• Avoiding high-risk activity that would reasonably require a spotter or partner

• Maintaining emergency contact readiness, such as carrying a phone or knowing where the nearest emergency equipment is located

I hereby release, waive, and hold harmless the Club and its affiliates from any liability arising from my use of the facility during unstaffed hours, including but not limited to accidents, injuries, equipment malfunctions, or emergency delays.

12. Striking and Sparring Acknowledgment

I understand that the primary focus of BlackHat Jiu Jitsu Club is grappling-based martial arts. Striking (e.g., punches, kicks, elbows, knees) is prohibited at all times unless the activity is part of a designated striking-based class (such as Boxing, Kickboxing, Muay Thai, or Mixed Martial Arts) and the instructor has explicitly authorized it.

I understand and agree that:

• Participation in striking-based classes or sparring carries a heightened risk of injury, including but not limited to:

  • Concussions or head trauma

  • Cuts, bruises, and facial injuries

  • Broken teeth, bones, or digits

  • Internal injuries or joint damage

• Strikes are never allowed during regular jiu jitsu classes, open mat, or unsupervised sessions unless clearly authorized by a qualified instructor.

• Full personal protective equipment (PPE) is required for any striking training, and at a minimum, I must wear a mouthguard when participating in any striking session.

• I am personally responsible for acquiring, maintaining, and wearing my own protective gear, including but not limited to gloves, shin guards, mouthguards, headgear, and groin protection (where applicable).

• The Club is not responsible for providing PPE, verifying its condition, or enforcing its use during any voluntary sparring sessions.

I acknowledge that striking sports are inherently risky and that even with proper instruction and safety equipment, accidents and injuries may occur. I participate voluntarily and assume all risks associated with striking training and sparring.

I agree to follow all striking-related safety protocols and instructor directions and understand that violating these expectations may result in disciplinary action or loss of training privileges .

I release and hold harmless the Released Parties from any liability for injury, loss, or damages related to participation in striking or sparring activities, whether in class, during sparring, or at events affiliated with the Club.

BlackHat Jiu Jitsu Club Code of Conduct

At BlackHat Jiu Jitsu Club LLC ("BlackHat"), we are committed to maintaining a safe, respectful, and disciplined training environment for all members and visitors. By training at BlackHat, you agree to adhere to the following Code of Conduct:

1. Safety First

• Be cautious: The head coach is on blood thinners; concussions can be fatal. Safety is the top priority.

• Avoid dangerous moves: Techniques like Tani Otoshi and others that risk serious injury should not be performed without proper instruction. Always consult a coach before attempting unfamiliar techniques.

• Control your takedowns: Never drop training partners on their neck, head, or in an uncontrolled manner. Slams are not permitted, even if allowed in some competitions.

• Maintain awareness: Avoid crashing into other pairs or causing collisions.

• No flying attacks: Kani Basami and all flying attacks from standing are strictly prohibited.

• Rest smartly: Do not sit or lie down with your arms or legs extended on a crowded mat. Keep a safe, upright posture when not actively training.

2. Respect & Etiquette

• Treat everyone with respect, regardless of experience or rank.

• Maintain personal hygiene: Keep uniforms clean, nails trimmed, and do not train with contagious conditions (e.g., skin infections).

• Leave your ego at the door: Training is for growth, not proving dominance. Tap early and respect your partners.

• Follow instructions: Pay attention to all coach-led demonstrations, drills, and positional training.

• Filming requires consent: No recording without prior approval from an instructor and the consent of all parties involved.

• No formalities required: Bowing is optional. You don’t need permission to enter/exit the mat, use the restroom, or get water — just be polite and respectful.

3. Gym Conduct & Discipline

• Keep it clean: Don’t leave trash, bottles, or gear on the mat.

• Use respectful language: No profanity, offensive remarks, or hostile behavior.

• Spar with control: Adjust your intensity to match your partner’s experience and physical condition.

• Report problems: Notify a coach immediately if someone is injured or if you witness unsafe or inappropriate behavior.

• Disciplinary policy: BlackHat reserves the right to suspend or terminate membership for any conduct detrimental to the safety, integrity, or values of the academy.

4. After-Hours Access & Conduct

Members granted 24/7 access to the facility must follow strict behavioral and safety protocols:

• Access only through approved methods: No unauthorized entry or attempts to bypass access controls.

• No loitering or non-training use: The facility may only be used for legitimate training. Social gatherings, hanging out, or throwing parties is not allowed.

• Approved guests only: Guests must be registered, have signed waivers, and not be banned. If unsure, check with a coach before allowing entry.

• Act with caution: Without staff present, you assume full responsibility for your own safety. Train smart and conservatively.

• No sexual or romantic activity: This behavior is strictly prohibited on BlackHat property at all times.

Violation of any of these rules may result in loss of access privileges or termination of membership.

5. Striking Class Conduct & Sparring Expectations

BlackHat striking classes (Boxing, Kickboxing, Muay Thai, MMA) are designed to build skill and resilience in a structured, respectful setting.

• Safety and respect are non-negotiable: Sparring is a cooperative exercise. Malicious intent or emotionally charged exchanges are not permitted.

• Hard sparring is allowed only if:

  • All participants clearly agree on intensity beforehand.

  • All participants are physically fit and mentally stable.

  • A coach is present and informed.

• Check yourself: If you feel emotionally unstable due to anger, fear, fatigue, or frustration, stop sparring immediately and sit out until you can safely rejoin.

• Protective gear is mandatory: A mouthguard is the minimum requirement. Gloves, shin guards, headgear, and other PPE may be required depending on class.

• Respect your partner: If they appear uncomfortable or overwhelmed, ease off or stop entirely.

• Never retaliate: If you believe your partner is going too hard, communicate calmly or stop. Escalating the intensity is grounds for disciplinary action.

Failure to adhere to these expectations may result in removal from class or further disciplinary measures.

6. Informal Striking Training Outside Class

Striking training may occasionally occur outside of formal class settings. This includes light padwork, technical drills, or agreed-upon sparring during open mat or personal training time. When engaging in striking outside of a structured class:

• All participants must adhere strictly to the standards outlined in the Code of Conduct.

• Striking intensity must be mutually agreed upon in advance.

• All participants must be equipped with appropriate protective gear.

• If any member feels unsafe, disrespected, or that the training is escalating inappropriately, the striking session must stop immediately.

• In the event of a conduct violation or dispute, all striking activity must cease and desist until a coach can review the situation and issue guidance.

Members who misuse striking privileges or violate these expectations may lose the ability to train striking outside of class and may be subject to further disciplinary action.

By training at BlackHat Jiu Jitsu Club, you acknowledge that you have read, understood, and agree to abide by this Code of Conduct. Failure to comply may result in disciplinary action, including suspension or termination of membership.