**RELEASE AND WAIVER OF LIABILITY**
PLEASE READ THIS WAIVER CAREFULLY. IT AFFECTS ANY RIGHTS YOU MAY HAVE IF YOU ARE INJURED OR SUFFER AN ILLNESS OR OTHERWISE SUFFER DAMAGES WHILE COMPETING OR PARTICIPATING IN ANY BLACKHAT JIU JITSU CLUB ("BLACKHAT") ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, BRAZILIAN JIU JITSU, GRAPPLING, SUBMISSION WRESTLING, MIXED MARTIAL ARTS, FULL CONTACT SPARRING, TOURNAMENTS OR TRAVEL). BLACKHAT activities, including but not limited to, BJJ, Submission Wrestling, Grappling and MMA, which are contact sports, involve inherent risk of severe injury or death. The undersigned participant, including the participant's parent if the participant is a minor (collectively "Participant"), hereby releases, waives, discharges, holds harmless, and covenants not to sue BLACKHAT, its members, managers, officers, servants, agents, independent contractors and affiliates (collectively "Releases") for any liability, loss, damage, claim and/or cause of action, whatsoever, arising out of or related to any loss, damage or injury, including death, that occurs as a result of Participant’s presence and/or participation in any BLACKHAT Event. The term "Event" shall be herein defined to mean any and all presentations, activities, exhibitions, or advertising/showcases which Releases create, put forth, generate, hold, maintain and/or produce. Participant agrees to indemnify and hold harmless the Releases, whether injury is caused by Participant’s negligence or otherwise, the negligence or otherwise of the Releases, or the negligence or otherwise of any third party, including any other persons who may be on or at or about an Event. Participant further agrees that this Release and Waiver of Liability shall bind the members of the Participant's family, Participant's legal guardian, Participant's spouse, if Participant is alive, and Participant's heirs, assigns and personal representatives, if Participant is deceased, and hereby does in fact fully and completely RELEASE, WAIVE, HOLD HARMLESS, DISCHARGE AND COVENANT NOT TO SUE the above-named Releases. Participant hereby further agrees that this Release and Waiver of Liability shall be construed in accordance with the laws of the State of Colorado and shall constitute a waiver, release agreement to hold harmless, and covenant not to sue with respect to both known and unknown claims arising from negligence of the Releases. Participant understands and agrees that the risks are known and understood by him/her and he/she voluntarily assumes them.
Participant hereby releases, waives, holds harmless, discharges and covenants not to sue Releases for any liability, loss, damage, claim and/or cause of action arising out of or related to any virus, bacterium, fungus, disease, illness, or micro-organism. This includes, but is not limited to, Coronavirus in all its forms, including but not limited to COVID-19. Participant hereby acknowledges the extremely contagious nature of COVID-19 and the evolving nature of the COVID-19 and assumes all risks that Participant may be exposed and/or infected by COVID-19 by reasons including but not limited to attending, preparing for, engaging in, participation in, and/or traveling to and from the Event, and that such exposure or infection may result in personal injury, illness, permanent disability, and death to Participant and to other people Participant may in fact cause to be infected. Participant understands all risks of becoming exposed to or infected by COVID-19 and that such may result from the actions, omissions, or negligence of the Participant, the Releases and/or any other person who may be on or about the Event, exposure and/or whether the infection and/or exposure occurs before, during, or after an Event. Participant voluntarily agrees to assume the risks associated with COVID-19 and accepts sole responsibility for any injury to Participant, including, but not limited to personal injury, disability, and death. Participant voluntarily assumes all the risks associated with COVID-19 and accepts sole responsibility for any injury to Participant stemming therefrom, including but not limited to any damage, loss, claim, liability, or expense, of any kind, which Participant may experience or incur in connection with, the preparation for, travel to and from, engagement of, attendance at, and/or participation in the Event.
Participant hereby grants to Releases the sole and exclusive right to all media authority including but not limited to the right to take and create photographs and video and all other still and/or moving images (in all formats) and other graphical depictions incorporating Participant's likeness, in any and all media, whether now known or hereafter created (the "Content"). Participant hereby agrees that all rights in and to the Content, including the copyright and all property rights therein in the Content, are and shall remain the sole property of Releases, free and clear from any claim by Participant and/or any other person on Participant's behalf. The Releases may use, re-use, publish, and re-publish the Content as many forms in perpetuity and for any matter or reason it wishes; they may alter, modify or otherwise change the Content in any manner whatsoever; they may combine the Content, in whole or in part, with other pictures and/or media of any kind; they may use the Content for illustration, promotion, art, editorial, advertising, trade, publishing, or any other purpose, now known or later created or devised. Participant hereby agrees that all rights in and to the Content, including the copyright, are and shall remain the sole property of Releases, and Participant relinquishes any use of Content, including but not limited to limited those images taken at the Event will be deemed copyright infringement and shall be in violation of this Release and Waiver of Liability to which Participant shall be liable.
