OFFYOURBACK BJJ ACADEMY

LIABILITY WAIVER, RELEASE OF CLAIMS, ASSUMPTION OF RISK & MEMBERSHIP AGREEMENT

(Applicable in the Commonwealth of Massachusetts and the State of New Hampshire)

1. ASSUMPTION OF RISK

I, hereby acknowledge and agree that I am voluntarily participating in Brazilian Jiu-Jitsu training at OffYourBack BJJ Academy (“Academy”) and understand the inherent risks associated with this activity, including the potential for serious injury or death.

I fully understand and accept the risks of participating in BJJ training, including but not limited to: falls, joint locks, chokes, muscle strains, sprains, concussions, broken bones, dislocations, spinal injuries, permanent disability, paralysis, and other injuries that may occur during training sessions, competitions, open mat sessions, private lessons, strength and conditioning sessions, or related activities.

I understand that Brazilian Jiu-Jitsu is a contact sport involving physical exertion and close personal contact. I knowingly and voluntarily assume all risks, both known and unknown, even if arising from the negligence of OffYourBack BJJ Academy or others, to the fullest extent permitted by Massachusetts and New Hampshire law.

2. MEDICAL CLEARANCE

I represent that I am in good physical health and have consulted with a healthcare professional regarding my ability to participate in strenuous physical activity.

If I have any medical conditions that may impact my training, I will inform the instructors immediately. I agree that I am solely responsible for monitoring my own physical condition during training and will stop participation if I feel pain, dizziness, or other symptoms of distress.

3. RELEASE OF LIABILITY

I hereby release, waive, discharge, and covenant not to sue OffYourBack BJJ Academy, its owners, officers, directors, instructors, staff, volunteers, agents, contractors, affiliates, landlords, and other members from any and all claims, demands, causes of action, damages, losses, or liabilities arising from any injury or damages I may sustain while participating in BJJ training or related activities, whether on or off the premises.

This release applies to claims arising from ordinary negligence to the fullest extent permitted by the laws of Massachusetts and New Hampshire.

This release does not apply to claims arising from gross negligence, reckless conduct, or intentional misconduct, where such limitation is prohibited by law.

4. WAIVER OF CLAIMS

I further waive any right to sue OffYourBack BJJ Academy, its instructors, staff, or representatives for any injury or damages sustained during training, except in cases of gross negligence or intentional misconduct.

I agree that if any portion of this agreement is found to be unenforceable, the remaining portions shall remain in full force and effect.

5. PROPER CONDUCT

I agree to follow all instructions and safety guidelines provided by the instructors, including proper technique, hygiene standards, etiquette, and respect for other training partners.

I understand that failure to follow safety rules or engaging in unsafe behavior may result in suspension or termination of membership without refund.

6. MEMBERSHIP TERMS & EARLY TERMINATION

Membership dues are payable according to the selected membership plan.

If I choose to terminate my membership before the completion of my agreed membership term (if applicable), I agree to pay an early termination fee equal to one (1) month of my current membership rate.

Termination requests must be submitted in writing according to Academy policy. Outstanding balances must be paid in full before cancellation is processed.

This early termination fee is agreed to as liquidated damages and not as a penalty.

7. PRIVACY POLICY

I understand that occasionally, photos and videos from club competitions and practices will be used in promotional material for the club. I agree to allow my image to be used for this purpose and that I will not be compensated. I also understand that once a promotional item has been produced, it is not possible to remove my image.

I also understand that OffYourBack BJJ Academy will never share my contact information for commercial purposes. I may, however, be contacted by the club managers about club announcements and information relevant to club membership.

8. MINOR CONSENT (If Applicable)

If the participant is under 18 years of age (or under the legal age of majority in the applicable state), a parent or legal guardian must sign below.

The undersigned parent or legal guardian acknowledges that they have read and understood this agreement and consent to the minor’s participation. The parent/guardian agrees to be bound by all terms of this agreement and further agrees to indemnify and hold harmless OffYourBack BJJ Academy from any claims brought by or on behalf of the minor.

9. GOVERNING LAW & VENUE

This agreement shall be governed by and interpreted under the laws of the Commonwealth of Massachusetts and the State of New Hampshire, depending on the location of the Academy facility where training occurs.

Any legal action arising under this agreement shall be brought in a court of competent jurisdiction in the state where the claim arose.

10. ACKNOWLEDGMENT OF UNDERSTANDING

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY.

IMPORTANT CONSIDERATIONS

• Minor Consent: If you are under the legal age, a parent or legal guardian must sign this waiver on your behalf.

• Review Thoroughly: Please read this waiver carefully before signing. If you have any questions, contact OffYourBack BJJ Academy management for clarification.

By signing up via OYB Academy Gymdesk you automatically agree and consent to the above in this waiver.