Assumption of Risk and Liability Waiver

QuanWessels Brazilian Jiu-Jitsu & Mixed Martial Arts Academy's Risk & Liability Waiver

IMPORTANT: PLEASE READ CAREFULLY

In consideration for being allowed to participate in any martial arts training or activities at QuanWessels Brazilian Jiu-Jitsu & Mixed Martial Arts Academy, I, the undersigned participant (or the parent/legal guardian of a minor participant), acknowledge and agree to the following:

1. Acknowledgement of Risks

I understand that participation in martial arts training, including but not limited to classes, seminars, events, competitions, and private lessons, involves inherent risks of injury. These risks include, but are not limited to, bodily injury, sprains, fractures, dislocations, strains, contusions, concussions, and other serious physical or psychological conditions. I am fully aware that injuries can occur even when proper precautions are taken.

I acknowledge that participation in martial arts may involve close physical contact with other participants, the use of potentially dangerous equipment, and physical exertion, all of which can increase the likelihood of injury.

2. Assumption of Risk

I voluntarily choose to participate in the martial arts activities provided by QW and fully accept and assume all risks associated with these activities, whether known or unknown, foreseeable or unforeseeable, even if arising from the negligence of QW, its employees, coaches, instructors, or other participants.

I understand that my participation is entirely voluntary, and I knowingly assume all risks associated with such participation.

3. Release of Liability

I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby release, discharge, and hold harmless QW, its owners, officers, employees, coaches, instructors, agents, and any other persons or entities associated with the gym from any and all liability, claims, demands, or causes of action arising out of or related to any injury, illness, damage, or loss to my person or property, including death, that may result from my participation in any martial arts activities, whether caused by negligence, error, omission, accident, or otherwise.

4. Indemnification

I agree to indemnify, defend, and hold harmless QW from any and all claims, demands, losses, damages, liabilities, or expenses, including reasonable attorney’s fees, arising out of or in connection with my participation in martial arts activities, including claims arising from my own acts or omissions, or those of any other participant.

5. Medical Condition, Illness and Emergency Medical Treatment

I affirm that I am in good physical health and capable of participating in the physical demands of martial arts training. I have disclosed any medical conditions, injuries, or other health concerns to QW and my coach(s), and I understand that I must inform them of any changes in my health prior to participating in any activities.

I acknowledge that participating in martial arts training while experiencing illness, including but not limited to respiratory conditions, contagious illnesses, or any condition that could be aggravated by physical exertion, may negatively impact my health or the health of others. I agree to refrain from participating in training if I am experiencing any symptoms of illness, including fever, coughing, shortness of breath, or any other signs of contagious or respiratory illness, and will notify the gym if I am unwell or have been in contact with someone diagnosed with a contagious condition.

Additionally, I understand the importance of maintaining hygiene and cleanliness to ensure the health and safety of all gym members. I agree to follow all hygiene practices and guidelines as outlined in the QW Hygiene Policy, including regular handwashing, disinfecting equipment, and wearing appropriate attire during training.

In the event of an emergency, I authorise QW to obtain medical treatment for me if necessary, including emergency transportation, and I agree to bear all costs associated with such treatment.

6. Minors

If I am the parent or legal guardian of a minor participant, I hereby consent to the minor’s participation in martial arts activities at QW and agree to the terms of this waiver on behalf of the minor. I further agree to hold harmless and indemnify QW against any claims, damages, or liabilities arising from the minor’s participation in martial arts activities.

7. Use of Likeness

I grant permission to QW to take photographs or video recordings of me during martial arts activities, which may be used for promotional purposes, including on the gym’s website, social media, or other marketing materials. I understand that these images or recordings may be used without compensation to me.

8. No Warranty

I understand and agree that QW makes no warranties or representations regarding the safety or fitness of its facilities, equipment, or instructors. It is my responsibility to exercise caution and common sense during all activities, and to follow all instructions and safety guidelines provided by the gym.

9. Governing Law

This waiver and release shall be governed by and construed in accordance with the laws of South Africa, and any disputes arising from this waiver or my participation in martial arts activities shall be subject to the exclusive jurisdiction of the courts in South Africa.

10. Severability

If any provision of this waiver is deemed invalid or unenforceable by a court of law, the remaining provisions shall continue in full force and effect.

11. Entire Agreement

This document constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, regarding the subject matter of this waiver. By signing this document, I also acknowledge that I have read, understood, and agreed to the QW Terms & Conditions, which govern my participation in all activities at the gym.

By ticking the box on this online version you acknowledge this Terms & Conditions.