Strangle Holdings LLC DBA Peace Garden Grappling Club
Participation Agreement, Release, Assumption of Risk, and Waiver
PLEASE READ CAREFULLY. THIS DOCUMENT MUST BE SIGNED BY PARENT/LEGAL GUARDIAN IF PARTICIPANT IS UNDER 18 YEARS OF AGE.
The undersigned (hereinafter referred to as the “Participant”) or the legal guardian of the below-named person who is under age 18, desires to participate in classes, training, instruction or activities provided by Strangle Holdings LLC DBA Peace Garden Grappling Club (hereinafter referred to as the “PGGC”). Participation Agreement, Release, Assumption of Risk, and Waiver (the “Waiver”) covers the entirety of the Participant’s participation at PGGC, including travel to and from the PGGC in order to participate in activities associated with the PGGC.
The Participant hereby acknowledges and understands that participation in the PGGC activities involves risks including, but not limited to, illness, paralysis, broken bones, disability, and possibly death. The Participant further acknowledges that such risk of injury may result from facility conditions, equipment provided by the PGGC, negligence, or actions or inactions of myself or another, regardless of whether rules and policies are followed. The Participant is participating in the PGGC’s activities voluntarily and at participant’s free will. PARTICIPANT HEREBY ASSUMES FULL RESPONSIBILITY FOR ALL RISKS THAT MAY ARISE OUT OF OR RESULT FROM PARTICIPANT’S PARTICIPATION IN THE PGGC GYM, INCLUDING, BUT NOT LIMITED TO, THOSE RISKS DESCRIBED ABOVE.
Participant acknowledges that Participant has read, knows, and agrees to all the policies and procedures relating to participation in the PGGC. Participant understands that the safe and proper use of all facilities, equipment or participation in the activity is dependent upon carefully following these policies and procedures. Participant agrees to comply with and abide by all rules, regulations, and policies of the PGGC.
In addition, the undersigned acknowledges that infectious diseases have been confirmed throughout the United States. Participant agrees, represents, and warrants that the undersigned shall not visit or utilize the facilities of the PGGC if he or she experiences symptoms of any infectious diseases, including, without limitation, fever, cough or shortness of breath, or has a suspected or diagnosed case of infectious diseases. The undersigned agrees to notify the PGGC immediately if he or she believes that any of the foregoing access/use restrictions may apply. The undersigned fully understands and appreciates both the known and potential dangers of utilizing the facilities and services of the PGGC and therefore acknowledges that the use thereof by the undersigned and/or such participating children may, despite the PGGC 's reasonable measures to mitigate such dangers, result in exposure to infectious diseases, which could result in quarantine requirements, serious illness, disability or death.
For the health and safety Participant and Participant’s training partners, Participant willingly agrees to comply with following health, hygiene and grooming requirements for participation in any activity at the PGGC:
Maintain personal cleanliness (bathe daily, brush teeth, use deodorant, etc.)
Wash hands after eating, or using the restrooms
Maintain clean and trimmed fingernails
Secure long hair (hair must be tied back to prevent potential injury)
Clothing and gear must be clean. Workout clothing (including gis and uniforms) should be washed after each use. Wash and air-out equipment after each use. Do not share equipment
Street shoes are not allowed in the gym. Clean/dry indoor shoes are required for lifting weights, using cardio equipment, and for classes requiring shoes. Clean/dry flip flops are suggested for use in locker/bathrooms. Bare Feet will not be allowed in the bathrooms.
No jewelry should be worn during training.
Open sores or cuts must be covered at all times during training. Minor injuries are common during training. If Participant receives cut, has open blister or incurs bleeding during training or any other activity at the PGGC, Participant agrees to attend to it immediately. Participant shall NOT continue participation until bleeding is stopped and wound is covered with a proper bandage or tape. If Participant gets blood or like substance on the floor, mats, or any surface, inform an instructor or employee immediately to be cleaned up. Report any injury which occurs during training to an instructor or employee immediately.
Skin infections are common in contact sports, even in the cleanest facilities. Participant shall not train at PGGC if Participant is sick or has a skin infection (or Participant suspects that he or she may have a skin infection or rash) that could be transmitted to a training partner. If Participant suspects that he or she may have a skin infection, Participant shall see he is her doctor as soon as possible. Refuse to train with someone Participant suspects may have symptoms of an infection, or an open wound.
Always bathe as soon as possible after training.
Participant willingly agrees to comply with the stated and customary terms and conditions for participation. If, however, Participant observes any unusual significant hazard during Participant’s presence or participation, Participant will remove themself from participation and bring such to the attention of the nearest instructor or employee immediately.
Participant represents that Participant is in good health and has no disability, impairment, injury, disease, or ailment, preventing Participant from engaging in exercise or which could cause increased risk of injury or adverse health consequences to Participant or others as a result of exercise. Participant agrees that Participant will not participate in any activities while under the influence of alcohol and/or illegal drugs, and/or legal/prescription drugs which may affect my ability to participate safely. Participant assumes full responsibility for the use of the facilities and my participation in all activities. Physical examinations by Participants physician is recommended for members before commencing any exercise program. Participant represents that there is no medical or physical condition that would preclude the use of the PGGC’s facility and programs, and Participant represents that Participant has not been instructed by any physician not to use the PGGC facility or any similar facility.
Participant hereby releases, waives, discharges, and holds harmless the PGGC, and all of their affiliates, predecessors, successors, trustees, officers, directors, faculty, employees, agents and representatives, past or present (hereinafter jointly referred to as “the Released Parties") from any and all claims, suits, liabilities, judgments, costs and expenses ("Claims") for any property damage, property loss or theft, personal injury or illness, death or other loss arising from or relating to my participation in the PGGC. Participant also agrees to defend, indemnify and hold harmless the Released Parties from all defense costs, including attorney’s fees or from any other costs incurred from and against any Claims arising from or related to Participant’s own acts or omissions in connection with Participant’s participation in the PGGC.
Participant hereby waives any protections afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know or suspect to exist at the time of executing the release. This means, in part, that I am releasing unknown future claims. Participant understands that Participant is solely responsible for any medical, health or personal injury costs relating to my participation in the PGGC. This Release, Waiver, and Assumption of Risk shall be governed in all respects by the laws of the State of North Dakota. If any term or provision of this Release, Waiver, and Assumption of Risk is held to be illegal, invalid or unenforceable, or the application thereof to any person or circumstance shall to any extent be illegal, invalid or unenforceable under present or future laws effective during the term hereof or of any provisions hereof which survive termination, then and in any such event, it is the express intention of the parties that the remainder of this Release, Waiver, and Assumption of Risk, or the application of such term, clause or provision other than to those as to which it is held illegal, invalid or unenforceable, shall not be affected thereby, and each term, clause or provision of this Assumption of Release, Waiver, and Assumption of Risk and the application thereof shall be legal, valid and enforceable to the fullest extent permitted by law. I have read and fully understand this Release, Waiver, and Assumption of Risk and understand that it relates to surrendering and releasing valuable legal rights. I do so freely and voluntarily.
Photo/Video Release:
Participant hereby gives permission for Images (including, but not limited to photographs in any format, still single, multiple, moving, video, audio recordings, and drawings) of Participant captured during regular and special activities through video and digital camera to be used by the PGGC, its authorized representatives, licensees, successors, and assigns for any purpose whatsoever including and without limitation: sale, reproduction in all media, publication, display, broadcast, and exhibition for promotion, advertising, instruction, trade, art or illustration. Participant waives any right to compensation or ownership thereto for an unlimited time. Participant shall inform the PGGC in writing if Participant wishes to have images of myself withheld from any materials. Participant agrees that Images shall be the sole exclusive property of the PGGC.
READ BEFORE SIGNING. I, the undersigned, represent that I have had read in its entirety and that I capacity to sign this Assumption of Risk, Waiver, and Release from Liability.