HURRICANE MMA LLC d/b/a V3 MMA GYM & FITNESS
PARTICIPATION AGREEMENT, ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT
READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING, YOU GIVE UP THE RIGHT TO SUE FOR INJURIES, INCLUDING DEATH, ARISING FROM THE ACTIVITIES DESCRIBED BELOW, INCLUDING INJURIES CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASEES.
1. Parties and Definitions. This Agreement is made by the undersigned participant (and, if the participant is under 18, by the participant's parent or legal guardian) ("I," "me," or "Participant") in favor of HURRICANE MMA LLC, d/b/a V3 MMA, a Florida limited liability company doing business as V3 MMA and V3 MMA Gym & Fitness, located at 476 NW Peacock Blvd #108, Port St. Lucie, FL 34986 (the "Gym"), together with its owners, members, managers, officers, directors, employees, coaches, instructors, independent contractors, guest instructors, volunteers, agents, affiliates, insurers, successors, and assigns; Leonid Shalimov individually; the owner and landlord of the premises; and the sponsors and organizers of any event held at or by the Gym (collectively, the "Releasees").
"Activities" means every program, class, service, and use of the premises offered by or through the Gym, including but not limited to mixed martial arts (MMA), boxing, kickboxing, Muay Thai, Brazilian Jiu-Jitsu (gi and no-gi), wrestling and grappling, MMA Fitness and conditioning, the kids martial arts program, private and semi-private coaching, open mat, sparring and live training, seminars and guest instruction, competitions and events, use of any equipment, mats, bags, weights, or fitness apparatus, and being present anywhere on the premises, whether as a participant, trial participant, spectator, or guest.
"Term" means the period beginning when I sign this Agreement and continuing through my last visit to the Gym, including every membership term, renewal, trial, drop-in, open mat, and event, without the need to sign again.
2. Voluntary Participation and Medical Representation. I am participating in the Activities voluntarily. I represent that, to the best of my knowledge, I am in good physical condition and have no medical condition, injury, or impairment that would make participation unsafe, or I have disclosed any such condition to the Gym in writing and have been cleared by a physician. I have been advised to consult a physician before beginning any program of physical activity. I will stop participating immediately and notify a coach if I experience pain, dizziness, shortness of breath, head impact, or any other sign of injury or illness. I am responsible for maintaining my own health and accident insurance.
3. Acknowledgment and Assumption of Risk. I UNDERSTAND THAT THE ACTIVITIES ARE INHERENTLY DANGEROUS AND INVOLVE A SERIOUS RISK OF INJURY, INCLUDING PERMANENT DISABILITY AND DEATH. These risks include, but are not limited to: strikes with fists, feet, knees, elbows, and other body parts; chokes and strangulation; joint locks and submission holds; throws, takedowns, slams, and falls; concussion, head trauma, and traumatic brain injury; cuts, bruises, broken bones, sprains, strains, dislocations, and spinal injury; cardiovascular events, heat illness, and exhaustion; contact with equipment, walls, cages, mats, and floors; failure of equipment; the negligent or intentional acts of other participants, instructors, or spectators; the condition of the facility; exposure to communicable disease; and travel to and from the facility. I understand that these risks exist even when the Activities are conducted with reasonable care, and that the Releasees cannot eliminate them. KNOWING THESE RISKS, I VOLUNTARILY ACCEPT AND ASSUME ALL OF THEM, KNOWN AND UNKNOWN, AND ALL RESPONSIBILITY FOR ANY RESULTING INJURY, ILLNESS, DEATH, OR PROPERTY LOSS.
4. Rules and Conduct. I will follow all Gym rules, posted signs, and instructions of coaches and staff; will use protective equipment as directed; will tap early and respect a training partner's tap; will not participate under the influence of alcohol or drugs; and will not engage in sparring or live training without a coach's permission. I understand that violating these rules increases the risk of injury to me and others, and that any such participation is at my sole risk. The Gym may suspend or terminate my participation for any conduct it considers unsafe.
5. Release, Waiver, and Covenant Not to Sue. IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE ACTIVITIES AND USE THE PREMISES, I, FOR MYSELF AND FOR MY SPOUSE, FAMILY, HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND ASSIGNS, HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASEES FROM AND FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS, AND CAUSES OF ACTION OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO MY PARTICIPATION IN THE ACTIVITIES OR MY PRESENCE ON THE PREMISES DURING THE TERM, INCLUDING ANY PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY LOSS, AND INCLUDING CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASEES. This release does not apply to claims arising from the gross negligence or intentional misconduct of a Releasee, or to any claim that cannot be released under Florida law.
6. Indemnification and Hold Harmless. I agree to indemnify, defend, and hold harmless the Releasees from and against any and all claims, demands, suits, judgments, losses, and expenses (including reasonable attorney's fees and costs) brought by any third party — including another participant, a guest I bring, or a member of my family — arising out of or related to my participation in the Activities, my presence on the premises, or my breach of this Agreement, to the fullest extent permitted by Florida law.
7. Emergency Medical Authorization. If I am injured or become ill and am unable to consent, I authorize the Gym and its staff to provide first aid and to summon emergency medical services, and I authorize any licensed medical provider to render treatment and transport they consider necessary. I am responsible for all costs of such care. The Releasees are not responsible for the quality of care rendered by any third-party medical provider.
8. Photo and Media Release. I grant the Gym permission to photograph and record me during the Activities and to use my name, image, likeness, and voice in the Gym's marketing, website, and social media, in any medium, without compensation. I may withdraw this permission for future use by written notice, which will not affect material already published. Declining this section does not affect the rest of this Agreement.
9. General Provisions. (a) Governing law and venue. This Agreement is governed by the laws of the State of Florida without regard to conflict-of-law rules. Any action arising from this Agreement or the Activities shall be brought exclusively in the state or federal courts located in St. Lucie County, Florida, and I consent to personal jurisdiction there. (b) Severability. If any provision of this Agreement is held invalid or unenforceable, that provision shall be enforced to the maximum extent permitted and the remaining provisions shall remain in full force and effect. (c) Entire agreement. This Agreement is the entire agreement between me and the Releasees regarding its subject matter. No oral representations, statements, or inducements apart from this written Agreement have been made. This Agreement may be modified only in a writing signed by the Gym. (d) Binding effect. This Agreement binds my spouse, family, heirs, executors, administrators, personal representatives, and assigns. (e) Electronic signature. I agree that my electronic signature and any electronic record of this Agreement have the same legal effect as a handwritten signature and paper record, and I consent to conducting this transaction electronically. (f) Construction. Headings are for convenience only. This Agreement shall not be construed against the drafter.
10. Acknowledgment. I HAVE READ THIS AGREEMENT IN ITS ENTIRETY. I UNDERSTAND THAT BY SIGNING IT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES FOR THEIR ORDINARY NEGLIGENCE. I SIGN IT VOLUNTARILY, WITHOUT ANY INDUCEMENT, AND FOR FULL AND ADEQUATE CONSIDERATION, INTENDING TO BE BOUND.
SECTION B — MINOR PARTICIPANT (under 18) — PARENT OR LEGAL GUARDIAN MUST COMPLETE.
NOTICE TO THE MINOR CHILD'S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF HURRICANE MMA LLC D/B/A V3 MMA, ITS OWNERS, AFFILIATES, EMPLOYEES, AND AGENTS USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM HURRICANE MMA LLC D/B/A V3 MMA, ITS OWNERS, AFFILIATES, EMPLOYEES, AND AGENTS IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND HURRICANE MMA LLC D/B/A V3 MMA, ITS OWNERS, AFFILIATES, EMPLOYEES, AND AGENTS HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
I am the parent or legal guardian of the minor named below, with legal authority to sign on the minor's behalf. I have read this entire Agreement. On behalf of the minor and myself, I agree to every provision of this Agreement, and I specifically waive and release, in advance, any claim or cause of action against the Releasees that would accrue to the minor for personal injury, including death, and property damage resulting from an inherent risk of the Activities, as that term is defined in Fla. Stat. § 744.301(3)(a). I understand that this waiver on the minor's behalf does not release the Releasees from liability for their own negligence, as Florida law does not permit that, and that Section 5 as applied to the minor's claims is limited accordingly. I further agree, for myself individually, to the release in Section 5 and the indemnification in Section 6 with respect to any claim arising from the minor's participation, including any claim I may have in my own right.
