TERMS AND CONDITIONS OF PARTICIPATION
Effective Date: Upon your first step onto the mat and/or entry into the premises.
1. General Provisions and Acknowledgements 1.1 Acceptance of Terms. By entering the premises, accessing, or in any way utilizing the facilities, equipment, services, or instruction offered by Eric Ceballos BJJ LLC (“Gym”), the participant (“Participant,” “you,” or “your”) acknowledges, represents, and warrants that they have read, understood, and irrevocably agreed to all terms set forth herein, whether or not such review has occurred. 1.2 Binding Nature. These Terms are binding upon you, your heirs, assigns, agents, representatives, guests, and any affiliated parties, notwithstanding any verbal assurances to the contrary. 1.3 Modification Rights. The Gym reserves the unrestricted right to modify, amend, restate, or entirely rewrite these Terms at any time without prior notice. Continued participation constitutes acceptance of such modifications.
2. Assumption of Risk and Release of Liability 2.1 Inherent Risks. Participant expressly acknowledges the inherently dangerous nature of martial arts, jiu-jitsu, judo, fitness activities, equipment usage, and related physical exertion, including but not limited to: collisions, throws, submissions, falls, sprains, fractures, concussions, strains, equipment failure, or unforeseen incidents, whether caused by negligence, recklessness, or otherwise. 2.2 Waiver of Claims. To the fullest extent permitted by law, you hereby release, discharge, indemnify, and hold harmless the Gym, its owners, managing members, instructors, contractors, agents, employees, affiliates, successors, and assigns (collectively, “Released Parties”) from any and all claims, liabilities, demands, damages, or causes of action—known or unknown—arising out of or related to your participation or presence on the premises. 2.3 Third-Party Actions. The Released Parties shall not be liable for acts or omissions of other participants, spectators, or third parties beyond their direct and exclusive control.
3. Compliance and Conduct Obligations 3.1 Facility Rules. Participant agrees to comply with all posted, verbal, or subsequently delivered rules, including but not limited to: proper attire, hygiene standards, equipment usage, and respectful conduct toward other participants and staff. 3.2 Medical Clearance. You represent that you are physically fit to engage in strenuous activity and have sought appropriate medical advice prior to participation. The Gym shall bear no responsibility for undisclosed medical conditions or limitations. 3.3 Equipment Use. Participant acknowledges that any equipment provided or permitted is used at their sole risk and agrees to inspect all equipment before use.
4. Health, Safety, and Emergency Procedures 4.1 Reporting Obligations. All injuries, unsafe conditions, or hazards shall be promptly reported to staff, regardless of severity. 4.2 Emergency Authority. The Gym retains absolute discretion to summon medical assistance, remove a participant from activity, or suspend operations in the interest of safety without liability for resulting inconvenience or cost. 4.3 Sanitation and Cleanliness. Participant accepts responsibility for maintaining hygiene standards, including but not limited to: wearing clean uniforms, using personal protective gear, and refraining from participation when experiencing contagious illness or open wounds.
5. Indemnification and Damages 5.1 Indemnity. Participant agrees to defend, indemnify, and hold harmless the Released Parties against any and all claims, damages, costs, or attorney’s fees resulting from their actions or omissions, including but not limited to damage to property, equipment, or harm to other individuals. 5.2 Scope of Liability. The Gym shall not be liable for indirect, incidental, consequential, punitive, or exemplary damages, even if advised of the possibility thereof.
6. Miscellaneous Provisions 6.1 Severability. If any clause herein is deemed invalid or unenforceable, the remainder shall remain in full force and effect. 6.2 Governing Law. These Terms shall be governed by and construed under the laws of the State of California, without regard to its conflict-of-law provisions. 6.3 Entire Agreement. This document supersedes all prior representations, statements, or agreements relating to risk management, whether oral or written. 6.4 Electronic or Implied Consent. Participation without signature shall constitute electronic or implied acceptance under applicable law.