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Release, Liability Waiver & Indemnity Agreement 

READ CAREFULLY BEFORE SIGNING

In consideration of being permitted to participate in any way in “The Program”, as defined below, by Grapple Academy Martial Arts LLC hereinafter referred to as “GAMA”, currently located at 8019 Belair Rd, Suite 1, Suite 2, and Suite 11, Nottingham, MD 21236 (the “Premises”), I, or, if a minor, the parent(s) and/or legal guardian of the minor participant named below (hereinafter, collectively, “I,” “me” or “my”), enter into this Release, Liability Waiver and Indemnity Agreement (“Agreement”) and hereby agree:

1. I am voluntarily seeking and consenting to participate in GAMA’s Martial Arts, Fitness, Yoga, Grappling, Wrestling, Self-defense, Brazilian Jiu-Jitsu, Cardio Boxing, Fitness Boxing &/or Karate Program, including training programs offered by Be-More Training LLC dba Baltimore Kettlebell Club, referred to as “The Program”, which is defined to include, but not be limited to, martial arts and fitness instruction and related training, including those in the arts of Brazilian jiu-jitsu, judo, ground fighting, grappling and other martial arts that commonly involve body contact with the ground as well as techniques such as chokes and joint locks; Karate and other martial arts that commonly involve striking; self-defense training; and other martial arts that may be offered in the future and from time to time; physical, strength and/or cardio conditioning; yoga and other flexibility or meditative exercises; and other similar or related physical activities, both in our facility and virtually through apps such as Zoom, Facebook, YouTube and any other online platform. I understand that the various activities of The Program may take place in, outside of, around and off the Premises, and I have the choice not to participate in any or all activities, events or competitions offered by GAMA. 
2. I represent and warrant that I and/or my child(ren) am/are of proper physical condition to participate in The Program, understanding the demands and nature of the activities provided above, or accept full responsibility for participation therein in my/their/our current physical state. I agree to disclose all medical conditions, ailments and other issues to GAMA prior to my participation in The Program and understand that my failure to do so further waives GAMA’s liability from any and all injuries or other outcomes related to my/their/our continued participation in The Program. Due to the nature of this martial art, with close contact, sweat and sometimes blood, I certify that I, or my child(ren) if applicable, do not have any transmittable disease or infectious agent.
3. I fully understand and acknowledge that THE ACTIVITIES OF THE  PROGRAM ARE INHERENTLY DANGEROUS, such that:
   1. There are risks and dangers associated with my participation in The Program that could result in bodily injury, partial and/or total disability, paralysis or death.
   2. The social and economic losses and/or injuries that could result from these risks and dangers described above could be severe.
   3. These risks and dangers may be caused by the action or inaction of myself or others, including, but not limited to, GAMA and/or other participants in The Program; the rules and regulations of  The Program; or the nature of the facilities or equipment used.
   4. There may be other risks and dangers not known to us or are not reasonably foreseeable at this time. 

4. I understand, accept and assume the above risks and dangers, both known and unknown, and I assume full responsibility for the injuries, maladies, losses and/or damages resulting therefrom, however caused and whether caused in whole or in part by GAMA. 
5. I understand and accept that I use any and all equipment and facilities “as-is” and at my own risk and peril, and I hold GAMA harmless from any and all consequences resulting therefrom, including, but not limited to, injury, malady, loss and death, regardless of the cause. I further understand that said use is voluntary and by my own choice, and I may refuse said use and/or request the use or application of alternative equipment and facilities, although GAMA is not obligated either to provide alternate accommodations or to compensate me for its refusal to do so. 
6. From time to time, GAMA may host, organize or sponsor social and other extracurricular activities and events in, outside of, around and off of the Premises that may or may not be directly related to The Program. I understand that my involvement and/or participation in them is completely voluntary and agree that the terms of this Agreement shall extend to, and include, such events and activities. 
7. In the event that GAMA provides transportation to the Premises or any other location where GAMA is conducting any activity, event or gathering, I understand that my consent to be transported is completely voluntary and hereby agree that GAMA shall not bear any liability for any injury, loss, destruction, death or any other similar or related consequence either to my person or my property during or as a result of such transportation, whether or not foreseeable and regardless of the cause. I further understand that GAMA is not obligated to provide any transportation whatsoever on any occasion, and I assume full responsibility for any injury, loss, destruction, death or other similar or related consequence either to my person or my property during or as a result of my choice of transportation. 
8. I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending GAMA and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at GAMA may result from the actions, omissions, or negligence of myself and others, including, but not limited to, GAMA  employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at GAMA.
9. I HEREBY FOREVER RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE GRAPPLE ACADEMY MARTIAL ARTS LLC, GAMA, its affiliates, owners, managers, promoters, lessees, directors, officers, agents, independent contractors or employees, from all liability for any and all claims, demands, losses or damages arising out of or relating to The Program or any events or activities hosted, organized or sponsored by GAMA; any action or non-action undertaken by GAMA; all acts of negligence on the part of GAMA; or any rescue/emergency actions or medical treatment undertaken by GAMA, if any. This Agreement shall extend to my personal representatives, assigns, executors, heirs and next of kin.
10. I agree that the parties to this Release shall submit any and all disputes relating to this Release or otherwise contract, tort, or both, to arbitration in the State of Maryland in accordance with the Maryland Uniform Arbitration Act, §§ 3-201 - 3-234 of the Maryland Code. Arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules before a mutually agreed-upon arbitrator. The arbitrator will be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The arbitration proceedings will be governed by the laws of the State of Maryland. Releasor hereby consents to the personal jurisdiction of the state courts of arbitration to which Releasor and Releasee are parties.
11. Should any legal dispute arise out of this Agreement, or regarding any subject matter contained herein, I agree to pay for all attorney’s fees and costs reasonably incurred by GAMA in defense of any such dispute. If any portion herein is held invalid or otherwise legally unenforceable by a court of competent jurisdiction, both GAMA and I agree that the remainder of this Agreement shall remain in full force and effect. 
12. I agree to hold GAMA harmless and reimburse GAMA for any and all costs incurred on my behalf. 

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY COERCION, INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY FROM GAMA TO THE FULLEST EXTENT PERMITTED BY LAW. 

Student Name: {name}

Date of Birth: {dob}

Parent or Guardian: {contact_name} 

Address: {address}

Phone: {phone}

Date: {sign_date}