Waiver

Release and Waiver of Liability and Indemnity Agreement

(Read Carefully Before Signing)

In consideration of being permitted to participate at Fat Cat Jiu-Jitsu in any way in Brazilian Jiu-jitsu or Muay Thai - Kickboxing and/or being permitted to enter for any purpose any restricted area (here in deﬁned as any area where in admittance to the general public is prohibited), the parent(s) and/or legal guardian(s) of the minor participant named below agree: 1. The parent(s) and/or legal guardian(s) will instruct the minor participant that prior to participating in Martial Arts at Fat Cat Jiu-Jitsu, he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the participant should immediately advise the ofﬁcials of such condition and refuse to participate. I understand and agreed that, if at any time, I feel anything to be UNSAFE, I will immediately take all precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.

2. I/WE fully understand and acknowledge that:(a) There are risks and dangers associated with participation in martial arts events and activities which could result in bodily injury partial and/or total disability, paralysis and death.

(b) The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.

(c) These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the Releasees Fat Cat Jiu-Jitsu (Fat Cat Jiu-Jitsu Inc.), it’s employees and instructors.

(d) There may be other risks not known to us or are not reasonably foreseeable at his time.

3. I/WE accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the negligence of the Releasees named below.

4. I/WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the martial arts facility used by the participant , including its owners, managers, promoters, lessees of premises used to conduct the martial arts event or program, premises and event inspectors, underwriters, consultants and others who give recommendations, directions, or instructions to engage in risk evaluation or loss control activities regarding the martial arts facility or events held at such facility and each of them, their directors, ofﬁcers, agents, employees, all for the purposes herein referred to as “Releasee”...FROM ALL LIABILITY TO THE UNDERSIGNED, my/our personal representatives, assigns, executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT 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 RELEASEE OR OTHERWISE.

5. I/WE HEREBY acknowledge that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.

6. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.

7. On behalf of the participant and individually, the undersigned partner(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite this release, the participant makes a claim against any of the Releasees, the parent(s) and/or legal guardian(s) will reimburse the Releasee for any money which they have paid to the participant, or on his behalf, and hold them harmless.

Non Competition Agreement __________ {initials of all parties}In consideration of the provisions of this Agreement, Instructor shall not, for a period of ﬁve (5) years immediately following the receipt of his/her black belt rank: (a) Directly or indirectly own, manage, operate, participate in, consult with, assist in, work or participate in as volunteer or but not only as a part-time or full-time employee, for any martial arts school or organization located within 30 miles from another Fat Cat BJJ location which is engaged in the business of instructing, teaching, or/and coaching martial arts activities such as Brazilian Jiu-Jitsu, Muay Thai, Kickboxing, Wrestling, Fitness, Personal Training,, Grappling and its sub divisions such as submission wrestling, submission grappling, submission, without prior approval from Anthony Vetro(b) either alone or in conjunction with any other person, partnership or business, directly or indirectly, solicit or divert or attempt to solicit or divert any of the Instructors, students or former students and former instructors of Fat Cat Jiu Jitsu to work for or represent any competitor of Fat Cat Jiu-Jitsu or its afﬁliates.(c) if the Instructor currently holds the rank of blue belt, the Instructor agrees that the above provisions shall apply if he/she leaves Fat Cat Jiu-Jitsu and that the above provisions shall take effect immediately upon his/her withdrawal from Fat Cat Jiu-Jitsu and shall last for the same ﬁve year duration.

A 90 day sign up is required for all Adult program sign ups. After the 90 day period a month payment schedule due between the 1st and 5th of every month will be required.

All membership fees will be due between the 1st and the 5th of each month, after the 90 day period. A $25 late fee will be applied beyond the 5th of the month. If your membership is not renewed before the 10th of the month (without prior notice) the membership will be considered cancelled and a new sign up will be required (any rate discounts or grandfathered fees will no longer apply)

If you need to put your membership on hold we must be notified 30 days in advance (minus injuries).

Thank you for your understanding.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY

AGREE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP

SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY

WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND

MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE

GREATEST EXTENT ALLOWED BY LAW.