The Falling Class

The Falling Class Participant Agreement and Release of Liability

This Participant Agreement and Release of Liability (“Agreement”) is between Atlanta Judo Midtown LLC (“AJM”), located at 2213 Faulkner Rd NE, Atlanta, Georgia 30324, and the individual participating in The Falling Class (“Participant”). The Falling Class is a program offered by AJM.

This is a legally binding agreement that affects Participant’s legal rights. Participant should read it carefully before signing.

1. Eligibility and Participant Representations

1.1 The Falling Class is designed for adults age 55 and older who are capable of participating in physical activity involving balance, movement, floor transfers, and intentional falling.

1.2 As a condition of participation, Participant represents that Participant is at least 55 years old and can independently move from the floor to a standing position without physical assistance from another person and without using furniture, walls, equipment, or any other external support.

1.3 Participant certifies that the name, date of birth, email address, telephone number, and other identifying or registration information submitted to AJM are complete, truthful, and accurate and identify the person who will actually participate in The Falling Class. Participant understands that AJM relies on these representations in permitting Participant to participate.

1.4 This Agreement must be signed by Participant personally. A spouse, child, caregiver, friend, or other person may not sign on Participant’s behalf unless that person has legal authority to execute this Agreement for Participant.

1.5 Participant understands that these eligibility requirements are continuing requirements. Each time Participant attends The Falling Class, Participant represents that Participant continues to meet them. If Participant no longer meets these requirements, Participant agrees not to participate and to notify AJM.

2. Health and Fitness to Participate

2.1 Participant is solely responsible for determining whether Participant is physically and medically able to participate safely in The Falling Class. AJM does not assess, test, diagnose, medically clear, or verify Participant’s health, fitness, mobility, balance, bone health, fall risk, medical condition, or ability to participate safely.

2.2 Participant agrees to consult a physician or other qualified healthcare provider before participating if Participant has questions or concerns about Participant’s health or ability to participate. Participant also agrees to inform an instructor before participating of any known physical limitation or circumstance that Participant believes could affect safe participation.

2.3 AJM instructors are not acting as healthcare providers. Instruction, observation, assistance, modification of an exercise, or permission to participate does not constitute medical advice, medical clearance, or a representation or guarantee that participation is safe or appropriate for Participant.

3. The Activities

3.1 For purposes of this Agreement, “Activities” means participation in The Falling Class workshops, classes, programs, and related instruction conducted at AJM. Activities may include warm-ups and balance games; getting down to and up from the floor; progressive falling from seated, kneeling, and standing positions; intentional falling onto mats or safety pads; partner exercises; movement and balance drills; and exercises involving mats, safety pads, walls, balance equipment, steps, platforms, or other training equipment.

3.2 Activities may also involve physical contact with instructors and other participants. Participant expressly consents to reasonable physical contact for instruction, demonstration, partner exercises, spotting, balance assistance, movement guidance, safety, and emergency response.

3.3 AJM instructors may modify, regress, progress, stop, or discontinue an exercise based on their observations. Such a modification or decision is an instructional or safety measure and is not a medical assessment or guarantee of Participant’s safety.

4. Acknowledgment and Assumption of Risk

4.1 Participant understands that The Falling Class intentionally teaches and practices falling and that participation involves inherent and other risks that cannot be completely eliminated even when instruction, supervision, spotting, safety equipment, and reasonable precautions are provided.

4.2 These risks include falling or losing balance; contact with mats, floors, walls, equipment, instructors, or other participants; errors or unexpected actions by other participants; and injuries resulting from physical contact, partner exercises, spotting, or assisted movement. Possible injuries include bruises, cuts, strains, sprains, joint injuries, fractures, dislocations, head injuries, concussion or other traumatic brain injury, aggravation of known or unknown health conditions, cardiovascular events, permanent disability, and death.

4.3 Participant understands that an injury may occur despite following instructions and despite AJM’s use of safety precautions. Participant knowingly and voluntarily assumes the risks associated with participation in the Activities, including risks that are known or unknown and foreseeable or unforeseeable.

5. Release of Liability and Covenant Not to Sue

5.1 To the fullest extent permitted by Georgia law, Participant voluntarily releases, waives, and discharges Atlanta Judo Midtown LLC and its owners, members, managers, instructors, assistant instructors, employees, independent contractors, volunteers, agents, representatives, insurers, landlord or premises owner, successors, and assigns (collectively, the “Released Parties”) from claims, demands, causes of action, damages, losses, liabilities, costs, or expenses arising out of or related to Participant’s participation in the Activities.

5.2 Participant expressly understands and agrees that this release includes claims arising from the ordinary negligence of any Released Party, including ordinary negligence relating to instruction, supervision, demonstrations, spotting, physical assistance, exercise modification, equipment, mats, safety pads, facility or premises conditions, or other aspects of the Activities.

5.3 Participant agrees not to bring or maintain a claim against a Released Party that Participant has released under this Agreement. This release applies to claims for personal or bodily injury, illness, property damage, disability, wrongful death, and other loss or damage to the fullest extent permitted by law.

5.4 Nothing in this Agreement is intended to release liability that cannot lawfully be released under Georgia law.

6. Participant Responsibilities and AJM’s Right to Stop Participation

6.1 Participant may decline, modify, or stop an exercise at any time and agrees to stop participating and notify an instructor if Participant experiences pain, dizziness, lightheadedness, chest discomfort, unusual shortness of breath, weakness, loss of balance, or any other circumstance Participant believes may make continued participation unsafe.

6.2 Participant agrees to follow instructor directions and safety requirements and not to attempt movements or exercises beyond those instructed.

6.3 AJM may refuse, modify, suspend, or end Participant’s participation whenever an instructor reasonably determines that continued participation may create a safety risk. If it becomes apparent that Participant cannot independently move from the floor to standing without another person or external support, Participant will not be permitted to continue participating.

6.4 An instructor’s decision to permit Participant to participate or continue participating does not constitute a medical evaluation, medical clearance, or representation that Participant can participate without risk of injury.

7. Emergency Medical Care

7.1 In the event of injury, illness, or medical emergency, Participant authorizes AJM instructors, staff, or representatives to provide reasonable first aid or emergency assistance within the scope of their training and to contact emergency medical services or obtain emergency medical assistance when reasonably believed necessary.

7.2 Participant understands that AJM does not guarantee or assume responsibility for the outcome of any first aid or medical treatment and that Participant is responsible for ambulance, hospital, physician, rehabilitation, and other medical expenses incurred on Participant’s behalf.

8. Personal Property

8.1 Participant is responsible for Participant’s personal belongings while at AJM. To the fullest extent permitted by law, AJM is not responsible for personal property that is lost, stolen, or damaged during participation in or attendance at The Falling Class.

9. Photo, Video, and Publicity Release

9.1 As a condition of participation, Participant grants AJM permission to photograph, film, and record Participant during The Falling Class and to use Participant’s image, likeness, appearance, and voice for AJM and The Falling Class educational, promotional, advertising, website, social media, public relations, and marketing purposes without compensation.

9.2 Participant understands that photographs and recordings may be edited, reproduced, published, and distributed by AJM and waives any right to inspect or approve the finished materials. AJM owns the photographs, recordings, and materials it creates.

10. Arbitration and Waiver of Jury and Class Proceedings

10.1 Any dispute, claim, or controversy arising out of or relating to this Agreement or Participant’s participation in the Activities that is not otherwise resolved between the parties shall be resolved by final and binding arbitration administered by the American Arbitration Association under its applicable Consumer Arbitration Rules.

10.2 Arbitration shall take place in Fulton County, Georgia, unless the parties agree otherwise. Participant and AJM knowingly waive the right to have such a dispute decided by a judge or jury in court.

10.3 Participant and AJM agree that claims subject to arbitration will be pursued only on an individual basis and not as part of a class, collective, consolidated, or representative proceeding. Either party may bring an eligible individual matter in small claims court or seek temporary injunctive relief from a court when necessary to preserve rights pending arbitration.

11. Governing Law, Severability, and Continuing Effect

11.1 This Agreement is governed by the laws of the State of Georgia.

11.2 If any provision of this Agreement is determined to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted by law or severed as necessary, and the remaining provisions shall remain in effect.

11.3 This Agreement applies to Participant’s participation in The Falling Class workshops, classes, programs, and related Activities at AJM beginning on the date Participant signs it and continuing until AJM requires Participant to execute a new participant agreement.

11.4 Participant’s representations concerning eligibility, physical capability, and responsibility to participate safely apply each time Participant participates.

11.5 The assumption of risk, release of liability, covenant not to sue, publicity release, arbitration provisions, and any other provisions that by their nature are intended to survive shall continue to apply to Activities occurring while this Agreement was in effect.

12. Acknowledgment and Electronic Signature

12.1 Participant acknowledges that Participant has had the opportunity to read this entire Agreement before signing it and understands its terms.

12.2 Participant specifically acknowledges that The Falling Class involves intentional falling, floor movement, physical contact, partner activities, spotting, and instructor-assisted exercises; that serious injury may occur; that Participant voluntarily assumes the risks described in this Agreement; and that Participant is releasing the Released Parties from claims arising from their ordinary negligence to the fullest extent permitted by Georgia law.

12.3 Participant certifies that the registration and identifying information provided to AJM is truthful, complete, and accurate; that Participant personally meets the eligibility requirements stated in this Agreement; and that Participant is personally executing this Agreement unless the signer has legal authority to execute it on Participant’s behalf.

12.4 By providing Participant’s electronic signature, Participant intends to sign and be legally bound by this Agreement and acknowledges that Participant’s electronic signature has the same force and effect as Participant’s handwritten signature.