TEAM KUMA JIU JITSU

PARTICIPANT WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

PLEASE READ CAREFULLY. THIS IS A LEGAL CONTRACT. BY SIGNING IT YOU GIVE UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR INJURIES CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.

1. Parties and Definitions

This Agreement is between Team Kuma Jiu Jitsu LLC, doing business as Team Kuma Jiu Jitsu, 1311 Butterfield Rd #310, Downers Grove, Illinois 60515, (224) 875-0030 (the "Gym"), and the person signing below (the "Participant" or "I"). If the Participant is a minor, the parent or legal guardian who signs Section 16 is also a party to this Agreement.

• "Activities" means all Brazilian Jiu Jitsu (BJJ), grappling, self-defense, conditioning, warm-up and related activities offered, organized, hosted or supervised by the Gym. This includes classes, open mats, seminars, competitions and tournaments (on or off site), private lessons, trial classes and drop-ins, whether I am taking part, watching or helping.
• "Premises" means the Gym's facility and everything in it: mats, locker rooms, restrooms, parking areas and equipment, plus any other location where the Gym conducts Activities.
• "Released Parties" means the Gym and its owners, members, officers, managers, employees, instructors, coaches, assistants, volunteers, agents, successors and assigns, and the owner and landlord of the Premises.

2. Description of Inherent Risks

I understand that BJJ is a full-contact combat sport and that taking part carries risks that cannot be eliminated without changing the nature of the sport. These risks include:

• Chokes and strangles, which can cause loss of consciousness, airway or vascular injury, stroke, or death;
• Joint locks and submissions applied to the neck, spine, shoulders, elbows, wrists, knees and ankles, which can cause sprains, tears, dislocations and fractures;
• Takedowns, throws, sweeps and falls, including landing on the head, neck or shoulders;
• Collisions with training partners, walls or equipment, and accidental strikes from knees, elbows or heads;
• Concussion and other traumatic brain injury, spinal cord injury, paralysis, and death;
• Cuts, bruises, mat burns, eye injuries, broken teeth, "cauliflower ear," and heat-related or cardiac events from exertion;
• Contagious skin and other infections spread by close contact and shared surfaces. These include ringworm (tinea), impetigo, staph and MRSA, and herpes gladiatorum, as well as other communicable illnesses;
• Mistakes in judgment by me, training partners, opponents or instructors, including a partner applying a technique too fast or too hard, or failing to release it when I tap; and
• Conditions on the Premises, such as mat seams or gaps, wet or slippery surfaces, walls, doors, mirrors, fixtures, and equipment that may fail or be misused.

The list above is not complete. Other risks, known and unknown, also exist.

3. Voluntary Participation and Assumption of Risk

My participation is completely voluntary. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH AND PROPERTY DAMAGE ARISING FROM THE ACTIVITIES, including the inherent risks described above and risks caused by the ordinary negligence of the Released Parties. I may decline any technique, drill, partner or round at any time, and I will stop if I feel pain, dizziness or illness.

4. Health and Fitness Representation; Duty to Disclose

I represent that I am in good health and physically able to take part. I have been advised to consult a physician before starting, and I have either done so or chosen not to at my own risk. I will tell the instructor, before each session, about any medical condition, injury, surgery, pregnancy, medication or limitation that could affect my safety or others' safety. That includes heart, neck, back, seizure or concussion history, and any contagious condition. I will update the Gym if anything changes. The Gym does not provide medical advice.

5. Release and Waiver of Claims, Including Negligence

TO THE FULLEST EXTENT PERMITTED BY ILLINOIS LAW, I, FOR MYSELF AND MY HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES AND ASSIGNS, RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE RELEASED PARTIES FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES FOR PERSONAL INJURY, ILLNESS, DISABILITY, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO THE ACTIVITIES OR MY PRESENCE ON THE PREMISES, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES. This covers, for example, negligent instruction, supervision, matching of partners, rule enforcement, first aid, cleaning, and maintenance of the Premises and equipment.

This release does not apply to claims arising from a Released Party's gross negligence, or willful, wanton, reckless or intentional misconduct, or to any other claim that Illinois law does not allow to be released.

6. Indemnification

To the fullest extent permitted by law, I agree to indemnify, defend and hold harmless the Released Parties from any claims, losses, liabilities, damages and costs, including reasonable attorney fees, brought by me or by anyone on my behalf, or that arise from my conduct, my breach of this Agreement, or my injury of another person during the Activities. The same exceptions stated in Section 5 apply.

7. Medical Treatment Authorization

If I am injured or become ill, I authorize the Released Parties to give first aid, to call emergency medical services, and to arrange transport to a medical facility. The Released Parties are not required to provide medical care and are not medical providers. I am responsible for all medical, ambulance and related costs.

8. Hygiene, Safety and Conduct Rules

I agree to:

1. Tap (or say "tap") early to signal submission. Release a technique immediately when my partner taps, verbally submits or shows distress.
2. Train with control. Do not use banned or unsafe techniques for my level or age group, and follow all instructor directions.
3. Wear a clean gi or training clothing for every session, and keep my body and gear clean.
4. Keep fingernails and toenails short and remove jewelry before training.
5. Wear footwear off the mats and never wear shoes on the mats.
6. Not train with any skin condition, open wound or contagious illness (including ringworm, impetigo, staph/MRSA or herpes). I will check my skin before each session and get medical clearance before returning.
7. Not train under the influence of alcohol or drugs, and treat everyone with respect.

The Gym may remove me from any Activity, or refuse participation, for safety or rule violations.

9. Photo and Video Release (Opt-Out Available)

I permit the Gym to photograph, film and record me during the Activities, and to use my name and likeness in those images for promotional, instructional and social-media purposes without compensation. OPT-OUT: I may withdraw this permission at any time by notifying the Gym in writing or by checking the opt-out box below. Withdrawal applies to future uses only and does not require the Gym to remove material already published.

I opt out of the photo/video release.

10. Personal Property

The Released Parties are not responsible for lost, stolen or damaged personal property, including items left in locker rooms, cubbies, vehicles or anywhere on the Premises.

11. Duration

This Agreement applies to all Activities on the date I sign and on every later date I take part, unless I revoke it in writing. Revocation does not apply to Activities that took place before it.

12. Governing Law and Venue

This Agreement is governed by the laws of the State of Illinois, without regard to conflict-of-law rules. Any lawsuit related to this Agreement or the Activities must be filed only in the state or federal courts located in DuPage County, Illinois, and the parties consent to that jurisdiction.

13. Severability

This Agreement is intended to be as broad and inclusive as Illinois law permits. If any part is held invalid or unenforceable, the rest continues in full force. The invalid part will be enforced to the maximum extent permitted.

14. Entire Agreement

This document is the entire agreement between the parties on its subject and replaces any prior oral or written statements about it. No change is valid unless it is in writing and signed by the Gym. If any other Gym document conflicts with this Agreement on release, assumption of risk or indemnity, this Agreement controls.

15. Acknowledgement and Signature

BY SIGNING, I CONFIRM THAT: I AM AT LEAST 18 YEARS OLD AND LEGALLY COMPETENT; I HAVE READ THIS ENTIRE AGREEMENT AND UNDERSTAND IT; I HAD THE CHANCE TO ASK QUESTIONS; I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE; AND I SIGN VOLUNTARILY. I agree that an electronic signature, a typed name or a checked box has the same legal effect as a handwritten signature under the Illinois Uniform Electronic Transactions Act (815 ILCS 333) and federal E-SIGN law, and that the Gym may keep this Agreement in electronic form.

Participant name: Date of birth: Signature: Date: Emergency contact (name/phone):

16. Minor Participants (under 18): Parent or Legal Guardian Consent

The parent or legal guardian of the minor named below ("Minor") must complete this section.

(a) Consent and Representation. I am the Minor's parent or legal guardian, with legal authority to sign for the Minor. I consent to the Minor's participation in the Activities. I have read this entire Agreement, including the risks in Section 2. I have explained those risks and the rules in Section 8 to the Minor. I make the health representations in Section 4 on the Minor's behalf.

(b) Acknowledgement and Assumption of Risk. I understand that the Activities carry the inherent risks described in Section 2, including serious injury, paralysis and death. I knowingly and voluntarily assume those risks for myself, and I acknowledge them on the Minor's behalf.

(c) Release of My Own Claims. TO THE FULLEST EXTENT PERMITTED BY ILLINOIS LAW, I RELEASE THE RELEASED PARTIES FROM ALL OF MY OWN CLAIMS ARISING FROM THE MINOR'S PARTICIPATION, INCLUDING CLAIMS FOR MEDICAL EXPENSES AND LOSS OF SERVICES, AND INCLUDING CLAIMS CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, with the same exceptions stated in Section 5. To the extent Illinois law permits a parent or guardian to release a minor's claims, I also release them on the Minor's behalf.

(d) Indemnity. To the fullest extent permitted by law, I agree to indemnify, defend and hold harmless the Released Parties from any claim brought by or on behalf of the Minor arising from the Activities, subject to the exceptions in Section 5.

(e) Medical Consent. If I cannot be reached in an emergency, I authorize the Released Parties to obtain emergency medical treatment for the Minor, including transport, evaluation and care that a licensed provider considers necessary. I accept financial responsibility for that treatment.

(f) Photo/Video. I give the consent in Section 9 on the Minor's behalf and on my own behalf unless I check the opt-out box: Opt out for the Minor and the signing parent.

I HAVE READ THIS AGREEMENT, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, AND SIGN VOLUNTARILY.

Minor's name: Minor's date of birth: Parent/Guardian name: Relationship: Signature: Date: