200 Rock Road Glen Rock, NJ, 07452
201-207-8019
contact@trassojjw.com
www.trassojjw.com

LIABILITY WAIVER & MEDIA RELEASE

1. I have agreed to take a prescribed course of martial arts (Jiu Jitsu & Wrestling) instruction provided by I hereby represent that I am physically and mentally fit to take the prescribed course of instruction and that I have had an opportunity to observe and participate in the above-described art of Jiu Jitsu & Wrestling prior to the signing of this agreement. TJJW recommends that I consult with my own physician to confirm my fitness.

2. I understand that strict observation of the sparring rules and regulations relative to training include the use of protective equipment. This equipment is to reduce the possibility of accident or injury; however, TJJW does not warrant the protective equipment or its I understand further that during the course of instruction, employees, volunteers or representatives of TJJW and/or other students or authorized persons will be engaged in a course of conduct requiring physical contact; and I give full consent to such contact as is required by the training. I understand and accept that by participating in any of the programs offered by TJJW I voluntarily assume any and all risk and loss that I may suffer whether direct or indirect. I understand further and agree that neither TJJW nor any employee, volunteer, nor member of its ownership and/or management group will be held liable for any injuries, damages, or loss however caused whether direct or indirect, resulting from the negligence of the owners, operators, or persons in charge of such establishment, or their agents, servants or employees.

3. I acknowledge receiving a copy of this Agreement and by signing it agree to be bound by all forms and conditions. Being a member of the school, I will faithfully comply with all the rules and regulations of the school and the traditions of the martial arts.

4. I hereby authorize TJJW to use photos, videos, and media content of our facility and training for but not limited to advertising, promotional events, social media, The Merge, promotional DVDs and our website.

SPARRING RULES FOR PARTICIPATION

I further understand the following and agree to comply with these Sparring Rules:

1. Martial Arts training requires safety rules and strict discipline in following them. Sparring is a contact sport. Every reasonable precaution is taken during training; however, accidents and injuries may still occur. I hereby agree to waive all claims against all persons and organizations relating to injuries sustained while engaged in sparring practice/competitions as well as other Martial Art studies.

2. Protective equipment recommended for sparring includes (but is not limited to) mouthpiece, elbow and knee braces, ankle wraps, protective cup, and protective gear / headgear.

3. Immediate compliance to all rules and commands (by instructors, students, training partners and any other participants) is required. I have informed my instructors, training partners and other students of any health or safety concerns.

4. Although, every reasonable precaution is taken during training and sparring, I also understand that the ultimate responsibility for my physical and mental safety is mine I hereby assume full responsibility and liability for all damages, injuries and losses that I may sustain or incur while participating in or watching any sparring session.

5. I realize that serious injury is commonplace in martial arts sparring and that even death is possibility. If I am injured during training or sparring, I might be disfigured, disabled and/or rendered unable to work again. I realize that regardless of how these consequences might occur – whether it be the result of another’s actions, the action or inaction of an instructor or other volunteer or representative of TJJW, the condition of the mats used, the conduct of a non-participant or some other reason – by entering into this Agreement I accept the risk of participating in training and sparring and give up and waive all claims I or anyone acting on my behalf or through me might have against TJJW and the owners, operators, or persons in charge of such establishment, or their agents, servants or employees for any injury regardless of its nature, effect or effect on me as a result of my participation and / or presence.

6. Safety measures may change over time, for example, due to Covid-19 and TJJW may add or change rules.
   
   
7. I will follow and abide by TJJW's academy policies including uniform, footwear, and general usage of the facility.

Representations

1. I represent that I am in good health.

2. I will not participate while under the influence of any drug or medication.

3. No one affiliated with TJJW has made any representations regarding my fitness or ability to participate.

4. I have read and understood every provision of this release.

5. I am legally competent to and freely enter into this Agreement, including without limitation the waiver, release, and assumption of risk provisions. I further represent that I understand that in doing so I have forfeited substantial rights. I understand it is intended to be a complete and unconditional release of all liability to the greatest extent allowable by law, and agree that if any portion of this Agreement is held to be invalid, that the balance, notwithstanding, shall continue in full force and effect.

TERMS & CONDITIONS

The Undersigned understands that:

1. Failure to attend class does not signify or imply notification to cancel this Agreement.

2. My failure to continue lessons during the notification or program period does not relieve the obligation to pay the remaining tuition balance in full.

3. The Program Prices listed above are subject to change at any time by The Agreement will auto-renew at the end of the term of the Agreement, unless terminated in writing (email to contact@trassojjw.com acceptable) by the student at least thirty (30) days in advance of the end of the term.

4. Upon renewal, the Agreement will renew at then-published Program Prices, which shall be announced and/or published by TJJW at least thirty (30) days in advance of their effective date. TJJW reserves the right to cancel the Agreement at any time, at its sole discretion.

5. Undersigned assumes all responsibility for any costs of collection, including but not limited to reasonable collection agency fees, court costs, reasonable attorney's fees, and applicable late charges that may be incurred for default payments.

6. School administrators may make any modifications in the class schedule as deemed Such modification does not relieve the undersigned of their payment obligations under any circumstances.

7. School administrators may close the school on national holidays, for the purpose of special events, and a period not exceeding four weeks per year for necessary maintenance and other purposes without affecting scheduled tuition payments.

8. The tuition costs for martial arts program are based on a 4 week month or a 48 week year. 

9. By entering into the Agreement, the undersigned grants the school permission to use photographs, videotapes, artwork or other likenesses of the student for marketing, trade, publishing or any other lawful purpose.

10. Full payment of tuition fees does not guarantee belt certification by school administrators.

11. Membership/enrollment is non-cancelable and non-transferable except as stated herein.

12. Student's failure to attend scheduled lessons relieves the obligation of the school to provide lessons after the program end date.

13. Undersigned authorizes the use of a disclosed e-mail address (that the undersigned provides TJJW) for reasons including but not limited to, billing purposes, announcements, general communication, and reminders, and acknowledges that e-mail text may include financial information pertaining to the membership.

14. It is further agreed that the undersigned is prohibited from claiming in commercial or marketing use that he or she is a member of the designated instructor, subcontracted personal trainer, Trasso Jiu Jitsu & Wrestling, Trasso Jiu Jitsu LLC, Michael Trasso, Trasso, for any commercial or marketing purpose without written permission by TJJW.

15. It is agreed by and between the parties that should legal action be required to enforce the provisions of this Agreement, the prevailing party of such action should be entitled to costs and reasonable attorney's fees.

16. By entering into the Agreement, the undersigned grants TJJW permission to be added to an academy mailing list to promote sales, promotions, special events, and other announcements.

17. Upon signing this agreement, the undersigned was asked to either “opt in” or “opt out” of SMS (text messages) from TJJW. The undersigned might receive SMS messages regarding the following, but not limited to) account status, account updates, payment method updates, contract expiration, and private lesson appointment reminders, and important updates.Please be aware that:

    • Messaging frequency may vary.
    • Message and data rates may apply.
    • To opt out at any time, text STOP.
    • For assistance, text HELP or visit our website at https://trassojjw.com/. 
    • Visit [https://trassojjw.com/privacy-policy-2/] for privacy policy and [https://trassojjw.com/terms-and-conditions/] for Terms of Service.

ASSUMPTION OF RISK, WAIVER AND RELEASE REGARDING CORONAVIRUS/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The United States Center for Disease Control and Prevention (CDC), the State of New Jersey and local county health departments have recommended social distancing measures of at least six feet between people and have encouraged vulnerable people or persons with compromised immunities to avoid public gatherings and spaces. The medical knowledge and resulting restrictions and recommendations continue to evolve, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spreading the disease and contraction are unknown, and there is no confirmed treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life-threatening illness and even death. I understand that TJJW cannot prevent me or my child(ren) from becoming exposed to, contracting, or spreading COVID-19 while entering into and or utilizing TJJW facilities. It is not possible to prevent the presence of the disease or the possibility that I may be exposed to COVID-19 while at TJJW facilities. Therefore, if I choose to enter into and utilize TJJW facilities I may be exposing myself and my child(ren) to and/or increasing my (their) risk of contracting or spreading COVID-19.

ASSUMPTION OF RISK: I am aware of and acknowledge the serious risks from COVID-19. I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting and/or spreading COVID-19 for myself and/or my child(ren) in order to be allowed to enter into and utilize TJJW facilities. The use of these facilities is of such value to me and/or to my child(ren) that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to enter into and or utilize TJJW facilities.

WAIVER AND RELEASE : On behalf of myself, and any of all of my family members, minor child(ren), my heirs, successors, assigns and personal representatives and each of them, having voluntarily and knowingly entered the TJJW facility, I hereby forever release and waive my right to bring suit against TJJW, its owners, officers, directors, managers, officials, trustees, agents, employees, affiliates and or other representatives; successors and assigns (“released parties”) in connection with any and all exposure, infection, and/or spread of COVID-19 related to me and/or my child(ren) entering into and or utilizing TJJW facilities. I understand that this waiver and release means that I have forever discharged the released parties and give up all of my right to bring any claims, actions, lawsuits, demands for damages and or losses, including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I or my child(ren) may have to seek damages, whether known or unknown, foreseen or unforeseen to the maximum extent allowed by law.

NOTIFICATION REQUIREMENTS:   As a condition for being allowed to enter into and use the TJJW Facilities, I agree that if I, or my child(ren), receive a positive COVID-19 diagnosis, I will promptly notify TJJW management. I consent to allowing TJJW representatives to notify employees and other users of the facilities “that another user of the facility tested positive for COVID-19, without identifying me by name.” 

CHOICE OF LAW: I understand and agree that the law of the State of New Jersey will apply to this assumption of risk, waiver and release. This assumption of risk, waiver and release contained herein shall be binding upon the undersigned and inure to the benefit of the released parties, and the officers, principals, legal representatives, assigns, members and successors in interest of each of them. If any provision hereof is found by a court of competent jurisdiction to be unenforceable or invalid the remaining provisions shall be unaffected and remain enforceable to the full extent of the law.

I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE ASSUMPTION OF RISK, WAIVER AND RELEASE AND AGREEMENT TO ABIDE BY SAFETY PROTOCOLS, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING THE LIABILITY AS IS DESCRIBED ABOVE OR I am the parent or legal guardian of the minor(s) named below. I have the legal right to consent to and, by signing below, I hereby do consent to the terms and conditions of this Agreement including without limitation the assumption of risk, waiver and release provisions on behalf of said minor(s).