Atlanta Judo Midtown 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 activities offered by or through AJM (“Participant”).
If Participant is under 18 years of age, the individual signing this Agreement (“Parent/Guardian”) represents that they are Participant’s parent or legal guardian and have legal authority to consent to Participant’s participation.
This is a legally binding agreement that affects legal rights. The individual signing this Agreement should read it carefully before signing.
1. The Activities
1.1 For purposes of this Agreement, “Activities” means participation in AJM programs, training, classes, open mats, private or personal training, strength and conditioning activities, stunt training, seminars, demonstrations, events, and other related activities conducted at AJM, as well as AJM-related participation, coaching, warm-ups, and training at off-site tournaments and competitions.
1.2 Activities may include Judo, Brazilian Jiu-Jitsu (BJJ), Jiu-Jitsu, grappling, throws, takedowns, falling, rolling, ground fighting, pins, holds, escapes, submissions, joint locks, chokes or strangles, partner drills, sparring or randori, strength and conditioning exercises, weight training, rope climbing, and use of fitness or training equipment.
1.3 Stunt training may include falls, rolls, throws, fight choreography, simulated or controlled striking, reactions, acrobatics, crash-pad work, elevated falls, wire work, weapons or props, partner work, and other stunt-related skills or activities.
1.4 Open mat and similar training periods may involve participant-directed practice without continuous or direct instruction or supervision. Participant understands that although an AJM instructor or staff member is present at the facility, AJM personnel may not continuously observe, direct, or supervise each Participant, training exchange, technique, or activity.
1.5 Off-site tournaments and competitions may be operated, controlled, officiated, or hosted by organizations or facilities other than AJM. AJM does not control the acts, omissions, rules, officiating, equipment, facilities, premises, or safety practices of independent tournament organizers, venues, officials, competitors, or other third parties.
2. Health and Fitness to Participate
2.1 Participant or, for a minor Participant, Parent/Guardian is responsible for determining whether Participant is physically and medically able to participate safely in the Activities. AJM does not assess, diagnose, medically clear, or verify Participant’s health, fitness, physical condition, or ability to participate safely.
2.2 Participant or Parent/Guardian agrees to consult a physician or other qualified healthcare provider before participation if there are questions or concerns regarding Participant’s health, physical condition, injury, medication, or ability to participate.
2.3 AJM instructors and staff are not acting as healthcare providers. Instruction, observation, coaching, assistance, modification of an exercise or technique, 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. Acknowledgment and Assumption of Risk
3.1 Participant and, if Participant is a minor, Parent/Guardian understand that martial arts, combat sports, grappling, stunt training, strength and conditioning, open mat training, tournaments, competitions, and the other Activities covered by this Agreement are inherently physical and involve risks that cannot be completely eliminated even when instruction, supervision, rules, protective equipment, mats, spotting, and reasonable safety precautions are provided.
3.2 Risks include, but are not limited to, being thrown or taken to the ground; falling; collisions; impact with mats, floors, walls, equipment, or other people; grappling; submissions; joint locks; chokes or strangles; physical contact; accidental or excessive force; lifting or moving weights or equipment; stunt falls; fight choreography; simulated or controlled striking; elevated activities; and unexpected movements or actions by Participant or others.
3.3 Participant and Parent/Guardian, if applicable, specifically understand that training partners, opponents, competitors, instructors, and other participants make decisions and react in real time. Risks therefore include injury resulting from their acts, omissions, mistakes, misjudgments, unexpected movements, loss of control, excessive force, improper technique, or failure to follow instructions or rules.
3.4 Possible injuries include bruises, cuts, abrasions, strains, sprains, muscle or tendon injuries, joint injuries, dislocations, fractures, dental injuries, eye injuries, neck or spinal injuries, nerve injuries, choking or strangulation-related injuries, loss of consciousness, head injuries, concussion or other traumatic brain injury, cardiovascular events, aggravation of known or unknown medical conditions, permanent disability, paralysis, and death.
3.5 Participant and, if Participant is a minor, Parent/Guardian understand and acknowledge that injury may occur despite following instructions and despite AJM’s use of safety precautions. Participant voluntarily participates, and Parent/Guardian voluntarily permits the minor Participant to participate, with knowledge of the risks described in this Agreement.
4. Release of Liability and Covenant Not to Sue
4.1 If Participant is age 18 or older, Participant, to the fullest extent permitted by Georgia law, voluntarily releases, waives, and discharges Atlanta Judo Midtown LLC and its owners, members, managers, instructors, coaches, 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.
4.2 If Participant is age 18 or older, 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, coaching, supervision, spotting, demonstrations, physical assistance, training partners, participant matching, exercise or technique selection or modification, mats, equipment, facility or premises conditions, open mat activities, or other aspects of the Activities.
4.3 If Participant is a minor, Parent/Guardian, on Parent/Guardian’s own behalf and to the fullest extent permitted by Georgia law, releases, waives, and discharges the Released Parties from claims belonging to Parent/Guardian arising out of or related to the minor Participant’s participation in the Activities, including claims arising from the ordinary negligence of a Released Party.
4.4 Participant, if an adult, and Parent/Guardian, if applicable, agree not to bring or maintain any claim that has been validly released under this Agreement.
4.5 Nothing in this Agreement is intended to release, waive, or limit any claim or liability that cannot lawfully be released, waived, or limited under Georgia law.
5. Participant Responsibilities and AJM’s Right to Stop Participation
5.1 Participant agrees to follow AJM rules and instructor directions, use reasonable care for Participant’s own safety and the safety of others, and not intentionally engage in techniques or activities beyond those permitted or instructed.
5.2 Participant may decline or stop an activity at any time. Participant agrees to stop participating and notify an instructor or staff member if Participant experiences an injury, significant pain, dizziness, lightheadedness, chest discomfort, unusual shortness of breath, weakness, loss of consciousness, disorientation, or another circumstance that may make continued participation unsafe. For a minor Participant, Parent/Guardian agrees to notify AJM of known circumstances that may materially affect the minor Participant’s ability to participate safely.
5.3 Participant shall not participate while under the influence of alcohol, recreational drugs, or any other substance that materially impairs Participant’s judgment, coordination, reaction time, or ability to participate safely.
5.4 AJM may refuse, restrict, modify, suspend, or end Participant’s participation whenever an instructor or staff member reasonably determines that Participant’s conduct, condition, behavior, technique, level of control, or continued participation may create a safety risk to Participant or others.
5.5 An AJM instructor’s or staff member’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.
6. Equipment and Facility
6.1 Activities may involve mats, crash pads, weights, barbells, dumbbells, kettlebells, resistance equipment, climbing ropes, pull-up equipment, training implements, stunt equipment, props, and other strength, conditioning, martial arts, or training equipment.
6.2 Participant agrees to use equipment only for its intended or instructed purpose, to follow applicable safety instructions, and to notify AJM staff if Participant observes damaged equipment or a condition Participant reasonably believes may create an immediate safety concern.
7. Indemnification for Participant Conduct
7.1 To the fullest extent permitted by law, an adult Participant agrees to indemnify and hold harmless the Released Parties from third-party claims, damages, liabilities, costs, and reasonable attorneys’ fees arising from Participant’s intentional, reckless, wrongful, or unauthorized conduct during the Activities, including Participant’s intentional violation of AJM safety rules or instructions.
7.2 If Participant is a minor, Parent/Guardian agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Released Parties from third-party claims arising from Parent/Guardian’s own intentional, reckless, or wrongful conduct in connection with the minor Participant’s participation.
7.3 This Section is intended to address third-party claims arising from the conduct of the person providing the indemnity and is not intended to require indemnification for liability that cannot lawfully be shifted under Georgia law.
8. Emergency Medical Care
8.1 Participant or, if Participant is a minor, Parent/Guardian 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.
8.2 Participant or Parent/Guardian understands that AJM does not guarantee or assume responsibility for the outcome of any first aid or medical treatment.
8.3 Adult Participant is responsible for medical expenses incurred on Participant’s behalf. For a minor Participant, Parent/Guardian agrees to be responsible for ambulance, hospital, physician, rehabilitation, and other medical expenses incurred on behalf of the minor Participant to the extent Parent/Guardian is legally responsible for such expenses.
9. Personal Property
9.1 Participant is responsible for Participant’s personal belongings while at AJM or participating in the Activities. 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 Activities.
10. Photo, Video, and Publicity Release
10.1 If Participant is age 18 or older, Participant grants AJM permission to photograph, film, and record Participant during the Activities and to use Participant’s image, likeness, appearance, and voice for AJM educational, promotional, advertising, website, social media, public relations, and marketing purposes without compensation.
10.2 If Participant is a minor, Parent/Guardian grants AJM permission to photograph, film, and record the minor Participant during the Activities and to use the minor Participant’s image, likeness, appearance, and voice for AJM educational, promotional, advertising, website, social media, public relations, and marketing purposes without compensation.
10.3 The signer understands that photographs and recordings may be edited, reproduced, published, and distributed by AJM and waives, to the extent legally permitted, any right to inspect or approve the finished materials. AJM owns the photographs, recordings, and materials it creates.
11. Arbitration and Waiver of Jury and Class Proceedings
11.1 If Participant is age 18 or older, 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.
11.2 If Participant is a minor, Parent/Guardian agrees that claims belonging personally to Parent/Guardian arising out of or relating to this Agreement or the minor Participant’s participation in the Activities shall, to the fullest extent permitted by law, be resolved by final and binding arbitration administered by the American Arbitration Association under its applicable Consumer Arbitration Rules.
11.3 Arbitration shall take place in Fulton County, Georgia, unless the parties agree otherwise. The parties subject to arbitration knowingly waive the right to have such disputes decided by a judge or jury in court.
11.4 Claims subject to arbitration shall be pursued only on an individual basis and not as part of a class, collective, consolidated, or representative proceeding. An eligible individual matter may be brought in small claims court, and either party may seek temporary injunctive relief from a court when necessary to preserve rights pending arbitration.
12. Additional Provisions for Minor Participants
12.1 If Participant is under 18 years of age, the individual signing this Agreement represents that the signer is Participant’s parent or legal guardian and has legal authority to consent to Participant’s participation in the Activities and to make the agreements contained in this Agreement on Parent/Guardian’s own behalf.
12.2 Parent/Guardian acknowledges the nature of the Activities and the risks described in this Agreement and voluntarily gives permission for the minor Participant to participate.
12.3 Parent/Guardian understands that martial arts and the other Activities may result in serious injury, permanent disability, paralysis, or death and nevertheless voluntarily permits the minor Participant to participate.
12.4 Parent/Guardian agrees to provide AJM with accurate information concerning the minor Participant and to notify AJM of known circumstances that Parent/Guardian believes may materially affect the minor Participant’s safe participation.
12.5 Nothing in this Section is intended to represent that Parent/Guardian has waived or released a claim belonging to the minor Participant when such a claim cannot lawfully be waived or released on the minor Participant’s behalf.
13. Governing Law, Severability, and Continuing Effect
13.1 This Agreement is governed by the laws of the State of Georgia.
13.2 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.
13.3 This Agreement applies to Participant’s participation in the Activities beginning on the date it is signed and continuing until AJM requires a new participant agreement.
13.4 This Agreement applies whether Participant participates as a member, student, personal-training client, drop-in, guest, visiting athlete, competitor, or other participant.
13.5 The assumption-of-risk provisions and all releases, indemnification obligations, publicity permissions, arbitration provisions, and other provisions that by their nature are intended to survive shall continue to apply to Activities occurring while this Agreement was in effect to the extent applicable to the Participant or Parent/Guardian and permitted by law.
14. Acknowledgment and Electronic Signature
14.1 The individual signing this Agreement acknowledges having had the opportunity to read the entire Agreement before signing and understands its terms.
14.2 The signer specifically acknowledges that the Activities may involve throws, takedowns, falls, grappling, submissions, joint locks, chokes or strangles, physical contact, stunt activities, strength and conditioning activities, and other inherently risky physical activities and that serious injury, permanent disability, paralysis, or death may occur.
14.3 If Participant is age 18 or older, Participant is personally signing this Agreement, knowingly and voluntarily assumes the risks described in it, agrees to the release and other provisions applicable to Participant, and intends to be legally bound by its terms.
14.4 If Participant is under age 18, the signer represents that the signer is Participant’s parent or legal guardian, has legal authority to consent to Participant’s participation, acknowledges the risks described in this Agreement, voluntarily permits Participant to participate, and intends to be legally bound by the provisions applicable to Parent/Guardian.
14.5 The signer certifies that the name, date of birth, contact information, relationship to Participant if applicable, and other registration or identifying information provided to AJM are complete, truthful, and accurate. AJM relies upon those representations in permitting Participant to participate.
14.6 By providing an electronic signature, the signer intends to sign and be legally bound by this Agreement to the extent applicable to the signer and acknowledges that the electronic signature is intended to have the same force and effect as a handwritten signature.
Atlanta Judo Midtown