GROUND WAR
PARTICIPANT AGREEMENT, ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS, COVENANT NOT TO SUE, AND MEMBERSHIP POLICY
Ground War
7 Franklin Village Mall
Kittanning, PA 16201
IMPORTANT NOTICE
PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY.
THIS IS A LEGALLY BINDING AGREEMENT.
***BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO FILE CERTAIN CLAIMS AGAINST GROUND WAR AND OTHER RELEASED PARTIES.***
In consideration for being permitted to enter, observe, participate in, train at, use, or otherwise be present at Ground War, including any free trial, introductory class, membership, seminar, private lesson, open mat, competition preparation, event, strength and conditioning activity, or any other activity conducted by or associated with Ground War, I agree as follows:
- ACKNOWLEDGMENT OF INHERENT RISKS
I understand and acknowledge that Brazilian Jiu-Jitsu (BJJ), Wrestling, Mixed Martial Arts (MMA), grappling, striking, sparring, drilling, takedowns, throws, submissions, chokeholds, joint locks, fitness training, strength training, and related activities are inherently dangerous.
I understand that participation may result in:
• Cuts, scrapes, bruises, and abrasions;
• Sprains, strains, and muscle tears;
• Broken bones and fractures;
• Concussions and traumatic brain injuries;
• Neck, back, and spinal injuries;
• Joint injuries;
• Dental injuries;
• Permanent disability;
• Paralysis;
• Emotional distress;
• Property damage;
• Serious injury; and
• Death.
I understand these risks may arise from my own actions, the actions of other participants, instructors, spectators, facility conditions, equipment conditions, or other foreseeable and unforeseeable causes.
2. EXPRESS ASSUMPTION OF RISK
I knowingly and voluntarily assume all risks associated with my participation and presence at Ground War.
This assumption of risk applies at all times, including:
• Free trial periods;
• Active memberships;
• Suspended memberships;
• Guest visits;
• Open mats;
• Seminars;
• Competitions;
• Private lessons;
• Spectating;
• Use of equipment;
• Entering or exiting the premises; and
• Any Ground War-related activity conducted on or off site.
I voluntarily choose to participate despite these risks.
3. RELEASE OF LIABILITY
To the fullest extent permitted by Pennsylvania law, I release, waive, discharge, and covenant not to sue:
Ground War, its owners, officers, directors, members, managers, employees, instructors, coaches, volunteers, independent contractors, agents, affiliates, landlords, property owners, successors, assigns, and all other participants
(collectively referred to as the “Released Parties”)
from any and all claims, demands, causes of action, liabilities, damages, losses, expenses, attorney fees, costs, or judgments arising from or related to:
• Personal injury;
• Property damage;
• Economic loss;
• Disability;
• Illness;
• Emotional distress; or
• Death;
arising out of my participation in any Ground War activity.
This release is intended to be interpreted as broadly as permitted by Pennsylvania law.
Nothing in this Agreement shall be interpreted as releasing claims arising from gross negligence, recklessness, intentional misconduct, or conduct that cannot legally be waived under Pennsylvania law.
4. COVENANT NOT TO SUE
I agree that neither I nor anyone acting on my behalf shall initiate, maintain, assist, or participate in any lawsuit, claim, arbitration, administrative proceeding, or legal action against any Released Party for matters covered by this Agreement.
5. INDEMNIFICATION AND HOLD HARMLESS
I agree to defend, indemnify, and hold harmless the Released Parties from any claims, demands, lawsuits, liabilities, damages, costs, expenses, and attorney fees arising out of:
• My participation;
• My conduct;
• My violation of gym rules;
• My negligence; or
• Claims brought by family members, heirs, representatives, or third parties arising from my participation.
6. MEDICAL CONDITION REPRESENTATION
I represent that:
• I am physically capable of participating;
• I have not been advised against participation by a medical professional;
• I understand the physical demands of training;
• I accept responsibility for determining my own fitness for participation.
I agree to immediately notify instructors of any injury, condition, or limitation that may affect my participation.
7. EMERGENCY MEDICAL AUTHORIZATION
In the event of injury, illness, or emergency, I authorize Ground War and its representatives to seek emergency medical treatment on my behalf if deemed necessary.
I understand that I am solely responsible for all resulting medical costs and expenses.
8. RULES AND SAFETY REQUIREMENTS
I agree to:
• Follow all instructions from coaches and staff;
• Immediately stop training when directed;
• Tap promptly when caught in a submission;
• Release submissions immediately upon a tap;
• Train responsibly and safely;
• Respect training partners;
• Use required protective equipment when directed;
• Report unsafe conditions or conduct.
Failure to comply may result in suspension or termination of participation or membership.
9. HYGIENE, COMMUNICABLE DISEASE, AND HEALTH POLICY
I understand that martial arts training involves close physical contact and carries a risk of exposure to communicable illnesses and infections.
These may include but are not limited to:
• Ringworm;
• Staph infections;
• MRSA;
• Impetigo;
• Herpes simplex;
• Viral infections;
• Bacterial infections;
• Fungal infections;
• Bloodborne pathogens;
• Respiratory illnesses; and
• Other contagious conditions.
I understand that no training facility can guarantee a disease-free environment.
I agree that I will not participate if I:
• Have a known contagious condition;
• Have an unexplained rash or suspicious skin condition;
• Have an open wound that cannot be adequately covered;
• Have symptoms of a communicable illness;
• Have been advised by a medical professional not to participate.
I agree to notify Ground War if I become aware of a communicable condition that may have exposed other participants.
Ground War reserves the right to require medical clearance before allowing a participant to return to training.
I voluntarily assume all risks associated with exposure to communicable diseases.
10. RIGHT TO REFUSE SERVICE, DENY ACCESS, SUSPEND, OR TERMINATE MEMBERSHIP
Ground War is a privately owned facility.
Participation in any program, class, event, membership, trial period, seminar, open mat, or other activity is a privilege and not a right.
Ground War reserves the right, in its sole discretion, to:
• Refuse service;
• Deny entry;
• Remove guests;
• Suspend participation;
• Revoke access privileges;
• Cancel memberships;
• Terminate memberships; or
• Permanently prohibit an individual from entering or remaining on the premises.
Such action may be taken with or without prior notice and with or without explanation whenever Ground War, its owners, managers, coaches, instructors, or authorized representatives determine such action to be in the best interests of the facility, its members, staff, guests, business operations, safety, culture, reputation, or community.
Reasons may include, but are not limited to:
• Unsafe conduct;
• Aggressive, threatening, intimidating, or violent behavior;
• Harassment;
• Bullying;
• Repeated disregard for gym rules;
• Failure to follow instructor direction;
• Conduct creating risk of harm to others;
• Criminal conduct;
• Disruptive behavior;
• Inappropriate social conduct;
• Conduct detrimental to the training environment;
• Conduct inconsistent with the values, mission, culture, or community standards of Ground War; or
• Any other reason deemed appropriate by Ground War in its sole discretion.
No person shall acquire any ownership interest, right of continued membership, right of access, or entitlement to future participation by virtue of payment, attendance, prior participation, or any other relationship with Ground War.
Except where otherwise required by law or by separate written agreement, Ground War shall have no obligation to provide refunds following suspension, cancellation, revocation, or termination of membership or participation privileges.
11. PERSONAL PROPERTY
Ground War is not responsible for loss, theft, or damage to personal property.
All personal property brought onto the premises is at the owner's risk.
12. PHOTO, VIDEO, AND MEDIA RELEASE
I grant Ground War permission to photograph, record, film, and otherwise capture my image, likeness, voice, and appearance.
I authorize Ground War to use such materials for advertising, promotion, educational purposes, social media, websites, and other business purposes without compensation.
13. SEVERABILITY
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14. PENNSYLVANIA LAW AND VENUE
This Agreement shall be governed exclusively by the laws of the Commonwealth of Pennsylvania.
Any dispute arising under this Agreement shall be brought exclusively in a court of competent jurisdiction within Pennsylvania.
15. BINDING EFFECT
This Agreement shall be binding upon me and my:
• Spouse;
• Children;
• Parents;
• Guardians;
• Heirs;
• Estate;
• Executors;
• Administrators;
• Personal Representatives;
• Successors; and
• Assigns.
16. ACKNOWLEDGMENT OF UNDERSTANDING
BY SIGNING BELOW, I ACKNOWLEDGE THAT:
• I HAVE READ THIS ENTIRE AGREEMENT;
• I UNDERSTAND ITS TERMS;
• I UNDERSTAND THAT MARTIAL ARTS TRAINING CAN RESULT IN SERIOUS INJURY, DISABILITY, OR DEATH;
• I UNDERSTAND THAT I AM WAIVING CERTAIN LEGAL RIGHTS;
• I AM SIGNING THIS AGREEMENT VOLUNTARILY;
• NO ORAL STATEMENTS OR REPRESENTATIONS HAVE BEEN MADE TO ME THAT ALTER THIS AGREEMENT;
• I INTEND FOR THIS AGREEMENT TO BE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY LAW.
17. AGREEMENT TO ARBITRATION
To the fullest extent permitted by law, any dispute, claim, controversy, or cause of action arising out of or relating to this Agreement, participation in Ground War activities, membership, use of the facility, or any relationship between the parties shall be resolved exclusively through binding arbitration rather than through litigation in court.
The arbitration shall be administered by a mutually agreed-upon arbitration service and shall take place in Pennsylvania.
The arbitrator shall have exclusive authority to resolve any dispute regarding the interpretation, applicability, enforceability, or formation of this Agreement, except as otherwise prohibited by law.
The parties agree that arbitration shall be conducted on an individual basis only and not as a class action, collective action, or representative proceeding.
Each party shall bear its own attorney fees and costs unless otherwise awarded by the arbitrator or required by law.
18. WAIVER OF JURY TRIAL
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT, MEMBERSHIP, PARTICIPATION IN ACTIVITIES, OR USE OF THE FACILITY.
THE PARTIES ACKNOWLEDGE THAT THIS WAIVER IS A MATERIAL INDUCEMENT FOR PARTICIPATION IN GROUND WAR ACTIVITIES.
19. ELECTRONIC SIGNATURES AND RECORDS
The parties agree that this Agreement may be executed electronically.
Electronic signatures, digital signatures, click-through acknowledgments, online acceptance, and electronic records shall have the same legal force and effect as original handwritten signatures.
The participant agrees that checking an acceptance box, typing a name, signing electronically, or otherwise indicating assent through an electronic platform constitutes acceptance of this Agreement and all of its terms.
The participant further agrees that electronically stored copies of this Agreement may be relied upon as evidence of acceptance and shall be admissible to the same extent as original paper documents.
A copy, electronic record, scanned image, or electronically stored version of this Agreement shall be deemed an original for all purposes.
PARTICIPANT INFORMATION
Participant Name: {name}
Date of Birth: {dob}
Address: {address}
Phone: {phone}
Emergency Contact: {contact_name}
Emergency Phone: {contact_phone}
Date: {sign_date}
PARENT OR LEGAL GUARDIAN CONSENT FOR MINORS
I certify that I am the parent or legal guardian of the minor participant listed above.
I consent to the minor's participation in all Ground War activities and agree, on behalf of myself and the minor, to all terms of this Agreement, including the assumption of risk, release of liability, covenant not to sue, indemnification provisions, and all other terms contained herein.
Date: {sign_date}
Ground War