Schedule

ON MODE JIU JITSU
WAIVER AND RELEASE OF LIABILITY

NOTICE: THIS DOCUMENT CONTAINS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS, INCLUDING THE RELEASE OF CLAIMS FOR ORDINARY NEGLIGENCE UNDER NEVADA LAW. PLEASE READ CAREFULLY BEFORE SIGNING.

MEMBER / PARTICIPANT INFORMATION

Full Name: {name}
Date of Birth: {dob}
Address: {address}
Phone Number: {phone}

Emergency Contact: {contact_name}
Emergency Contact Phone: {contact_phone}
Emergency Contact Relationship: {contact_relation}

Name of Member or Parent/Legal Guardian Signing:
Relationship to Participant, if applicable:

1. WAIVER AND RELEASE OF LIABILITY

All guests, participants, students, or children who plan to be on the mats or play within the ON Mode Jiu Jitsu facility must have a signed Waiver and Release of Liability form, regardless of participation in any of the classes, programs, or events. Exceptions will be made for spectating guests ONLY.

Children Who Are Not Students: All children brought into the ON Mode Jiu Jitsu facility must have a parent-signed Waiver and Release of Liability on file, regardless of their non-member status, and are expected to be closely monitored by a parent or legal guardian at all times. No exceptions will be made.

Participation: In consideration of being permitted to participate in any way in the ON Mode Jiu Jitsu programs and/or being permitted to enter for any purpose any restricted area (herein defined as any area where admittance to the general public is prohibited), I (or the parent/guardian of the participant named above) agree to the following:

Prior to participating in any physical activities or events, I should and will inspect the facilities and equipment to be used. If I believe anything is unsafe, I should and will immediately inform the instructor or officials of such conditions and refuse to participate. I understand and agree that, if at any time, I feel anything to be unsafe, I will immediately take all precautions to avoid the area of concern and refuse to participate any further.

IN CONSIDERATION OF the risk of injury that exists while participating in MIXED MARTIAL ARTS, INCLUDING BUT NOT LIMITED TO BRAZILIAN JIU JITSU (hereinafter the "Activity"); and IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in the same; I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (herein referred to as "Releasor," "I," or "me," which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims, or causes of action of any kind arising out of my participation in the Activity; and I HEREBY release and forever discharge ON MODE JIU JITSU, located at 5485 N Simmons St, North Las Vegas, Nevada 89031, United States of America, any other franchise, franchisee, their affiliates, directors, officers, managers, instructors, independent contractors, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively, the "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PROPERTY DAMAGE, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I, THE UNDERSIGNED, also expressly acknowledge that injuries received may be compounded or increased by negligent rescue operations or procedures of the Releasees.

I, THE UNDERSIGNED, further expressly agree that the foregoing release, waiver, and indemnity agreement are intended to be as broad and inclusive as permitted by the laws of the State of Nevada, and if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal effect.

I FURTHER AGREE to indemnify, defend, and hold harmless the Releasees against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.

I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Releasees, and any promoters, lessees, lessors of premises used to conduct any activity related to a mixed martial arts program or event, premises and event inspectors, underwriters, consultants, and others who may provide recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding ON Mode Jiu Jitsu or events held at such facility, FROM ALL LIABILITY TO THE UNDERSIGNED FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES, OR DAMAGES, AND ANY CLAIMS OR DEMANDS THEREFOR, ON ACCOUNT OF ANY INJURY, INCLUDING, BUT NOT LIMITED TO, MY DEATH OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT(S), CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

I FURTHER ACKNOWLEDGE that the Releasees are not responsible for errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of the Releasees. In the event that I should require medical care or treatment, I authorize ON Mode Jiu Jitsu to provide all emergency medical care deemed necessary, including but not limited to first aid, CPR, the use of AEDs, emergency medical transport, and the sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I am to carry my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision(s) of the ON Mode Jiu Jitsu officials or agents regarding my approval to participate in the Activity.

I FURTHER ACKNOWLEDGE that I am executing a legal document of importance stating my inability to sue or make any claim against the Releasees and anyone hosting or conducting a seminar, demonstration, or competition, or anyone renting or providing facilities or equipment to the Releasees. Signing this Waiver and Release of Liability ("Form" or "Release") is a requirement for anyone who will not be sitting or standing as a spectator, and the Form must be signed prior to participating in any activity offered by the Releasees. The Releasees will not offer me any training or instruction without my signing this Form.

I FURTHER ACKNOWLEDGE that, by signing this Form, I am expressing to the Releasees my understanding that, in the instance in which I acquire an injury of any sort or severity, the Releasees are not to provide insurance or medical reimbursement and will not be liable for the undersigned in any way.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE ON MODE JIU JITSU, ALL FRANCHISES AND FRANCHISEES, AND ALL OF THEIR AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION, AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ON MODE JIU JITSU FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for ordinary negligence, this Release is also for such negligence on the part of the Releasees.

I agree that this Release shall be governed for all purposes by Nevada law, without regard to any conflict-of-law principles. This Release supersedes any and all previous oral or written promises or other agreements.

In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any and all costs associated with such actions of neglect or recklessness.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

THIS AGREEMENT was entered into at arm's length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant and ON Mode Jiu Jitsu agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

If any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase, or portion of this Agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this Agreement shall remain in full force and effect. If a court should find that any provision of this Agreement is invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited.

2. PRIVACY POLICY

Section 1: Information We Collect

We collect various types of information from our members to provide you with the best martial arts experience possible. The types of information we may collect include:

1. Personal Information: This may include your name, contact information (such as email address, phone number, and mailing address), date of birth, emergency contact information, and other details required for membership registration.

2. Health Information: To ensure your safety while participating in martial arts training, we may collect information about your health and any medical conditions or injuries that may affect your participation.

3. Billing Information: We collect payment and billing information, such as credit card details, to process membership dues and other related fees.

4. Training and Attendance Information: We keep records of your training sessions, attendance, and performance to track your progress and provide tailored martial arts instruction.

5. Photographs and Videos: We may take and use photographs and videos during martial arts classes or events for promotional and instructional purposes with your consent.

Section 2: How We Use Your Information

We use the information we collect for the following purposes:

1. Membership Management: We use your personal information to manage your membership, process payments, and communicate with you about our services and any updates or changes to your membership.

2. Safety and Instruction: Your health and training information help us provide a safe and effective training environment. We may use this information to tailor our instruction to your needs and ensure your well-being.

3. Promotional Activities: With your consent, we may use photographs and videos featuring your likeness for promotional activities, such as social media posts, website content, or marketing materials.

4. Legal Compliance: We may use your information to comply with applicable laws and regulations.

Section 3: Information Sharing and Disclosure

We do not sell or rent your personal information to third parties. However, we may share your information in the following circumstances:

1. Service Providers: We may share your information with third-party service providers who help us manage and operate our martial arts academy, process payments, and provide other essential services.

2. Legal Requirements: We may disclose your information when required by law, such as in response to a court order, subpoena, or other legal process.

3. Safety and Security: We may share your information to protect the safety and security of our members, staff, or others, or to investigate and prevent fraudulent or illegal activities.

Section 4: Your Choices and Rights

You have certain rights concerning your personal information, including the right to access, correct, or delete your information. You can also withdraw consent for promotional activities involving your likeness. To exercise these rights or for any questions or concerns regarding your personal information, please contact us at our direct line: (702) 582-3233.

Section 5: Security

We take reasonable measures to safeguard your personal information from unauthorized access, disclosure, or alteration. However, no method of transmission over the internet or electronic storage is completely secure, so we cannot guarantee absolute security.

Section 6: Updates to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our practices or for legal or regulatory reasons. We will notify you of any significant changes by posting an updated Privacy Policy online or by other appropriate means.

By signing this document, you acknowledge that you have read, understood, and agreed to this Privacy Policy and consent to the collection, use, and sharing of your personal information as described herein. If you do not agree with this Privacy Policy, please do not proceed with your membership application or contact us to discuss any concerns or questions.

3. DUAL PRICING ACKNOWLEDGMENT DISCLAIMER

By providing my signature below, I, the Account Holder, hereby acknowledge and agree to the terms of this Payment Authorization Agreement. I understand that the School/Business offers both cash and card pricing for its products and services. I further acknowledge that I have been informed that the prices for goods and services may vary depending on the payment method I choose. These pricing options are clearly disclosed at the point of sale and available for review upon request at the front desk. I understand it is my responsibility to review and ask about these options if I have any questions.

By authorizing this payment method to be kept on file, I agree that future payments made using a card may reflect the applicable card pricing, as posted and communicated by the School/Business at the time of purchase. I acknowledge that I have received a copy of this Payment Agreement & Authorization of Automated Payments and consent to the use of the payment method provided for membership dues, purchases, or any gear requested through the School/Business.

4. SAFETY, CONDUCT, SOCIAL MEDIA, AND EARLY TERMINATION POLICY

Zero Tolerance for Violence and Unsafe Conduct: ON Mode Jiu Jitsu maintains a strict zero-tolerance policy for physical altercations, fighting, threats, harassment, intimidation, bullying, verbal abuse, or any disruptive conduct that compromises the safety, order, or integrity of the Academy. This applies to conduct occurring on Academy premises, in parking areas, at Academy-sponsored events, or in communications related to the Academy.

Social Media and Defamation: Member agrees not to publish or distribute knowingly false statements of fact that are defamatory under the laws of the State of Nevada concerning ON Mode Jiu Jitsu, its owners, instructors, staff, students, or affiliates. This provision does not restrict lawful speech or truthful statements.

Right to Suspend or Terminate for Cause: ON Mode Jiu Jitsu reserves the sole discretion to suspend or immediately terminate membership if it determines that a Member's conduct creates a safety risk, exposes the Academy to legal liability, causes reputational harm, disrupts operations, or violates this Agreement. Termination may occur without prior notice when immediate action is necessary for safety.

Financial Responsibility Upon Termination for Cause: If membership is terminated for cause, Member remains responsible for any outstanding contractual financial obligations to the extent permitted under Nevada law. No refund shall be issued for termination resulting from misconduct.

EARLY TERMINATION OF 12-MONTH MEMBERSHIP AGREEMENT: IF A MEMBER VOLUNTARILY TERMINATES A 12-MONTH MEMBERSHIP AGREEMENT PRIOR TO COMPLETION OF THE CONTRACT TERM, THE MEMBER AGREES TO PAY AN EARLY TERMINATION FEE EQUAL TO THREE (3) MONTHS OF THE MEMBER'S CURRENT MONTHLY MEMBERSHIP RATE. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS AMOUNT REPRESENTS A REASONABLE ESTIMATE OF ADMINISTRATIVE, ONBOARDING, AND LOST REVENUE COSTS AND IS NOT INTENDED AS A PENALTY, AND IS ENFORCEABLE UNDER NEVADA LAW.

CONSPICUOUSNESS ACKNOWLEDGMENT: I acknowledge that provisions releasing the Academy from liability for its own negligence and provisions stating financial obligations upon early termination are presented in bold, capitalized, and clearly distinguishable text, and I agree that such provisions are conspicuous and satisfy Nevada fair notice requirements.

FINAL ACKNOWLEDGMENT AND SIGNATURE

By signing below, I acknowledge that I have read, understood, and agreed to all terms contained in Sections 1 through 4 of this document, including the Waiver and Release of Liability, Privacy Policy, Dual Pricing Acknowledgment Disclaimer, and Safety, Conduct, Social Media, and Early Termination Policy.

Member/Participant or Parent/Legal Guardian:
Date Signed: {sign_date}