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NORTHSHORE MARTIAL ARTS LLC
(d/b/a GENTLE ART DOJO NORTHSHORE)

MASSACHUSETTS • ADULT & MINOR PARTICIPANTS

IMPORTANT: THIS AGREEMENT AFFECTS LEGAL RIGHTS. PLEASE READ IT CAREFULLY BEFORE SIGNING.

This document is intended as a comprehensive participation release for martial arts instruction and related activities. It is provided for business use and attorney review; it is not a substitute for advice from a Massachusetts attorney.

1. PARTIES AND PURPOSE

This Participation Release, Assumption of Risk, Indemnification and Hold Harmless Agreement (the “Agreement”) is entered into by the undersigned participant (“Participant”) in favor of Northshore Martial Arts LLC, doing business as Gentle Art Dojo Northshore (“NMA”), and the persons and entities described below as Released Parties.

The purpose of this Agreement is to establish the Participant’s informed and voluntary assumption of risks associated with martial arts, fitness, training, instruction, events, use of facilities and equipment, and presence on or around NMA premises.

Released Parties

“Released Parties” means NMA and its present and former owners, members, partners, officers, directors, managers, instructors, coaches, employees, volunteers, agents, independent contractors, affiliates, successors, assigns, landlords, event organizers, and persons or entities acting on NMA’s behalf, to the extent applicable.

2. ACTIVITIES COVERED

Covered activities include, without limitation, Brazilian Jiu-Jitsu (Gi and No-Gi), Jiu-Jitsu, wrestling, grappling, MMA, boxing, kickboxing, Muay Thai, Tae Kwon Do, conditioning, strength and fitness training, drills, sparring, rolling, takedowns, throws, striking, kicking, punching, grappling exchanges, stretching, mobility work, demonstrations, seminars, tournaments, camps, open mats, competitions, off-site events, and other martial arts or fitness activities.

Covered locations include NMA’s training areas, mats, locker/changing areas, bathrooms, common areas, entrances, exits, parking areas, sidewalks, event locations, and other locations where NMA conducts or sponsors activities.

3. ACKNOWLEDGMENT OF INHERENT RISKS

Participant understands that martial arts and physical training involve inherent and other risks. These may include falls; collisions; throws and takedowns; joint locks; chokes; strikes; kicks; accidental contact; sprains; strains; bruises; cuts; fractures; dislocations; concussion or other head injury; dental injury; spinal injury; paralysis; illness; infection; allergic reactions; aggravation of pre-existing conditions; permanent disability; death; and damage to or loss of personal property.

Participant understands that injuries can occur even when instructors, coaches, staff, and participants follow reasonable safety practices and rules. Participant voluntarily chooses to participate and accepts the risks associated with participation.

4. ASSUMPTION OF RISK

To the fullest extent permitted by applicable law, Participant knowingly and voluntarily assumes all risks arising from or related to participation in Covered Activities and presence at Covered Locations, including risks arising from the ordinary negligence of a Released Party, the ordinary negligence of another participant, equipment, facilities, surfaces, or conditions at or around the premises.

Nothing in this Agreement is intended to waive rights that cannot lawfully be waived under Massachusetts law.

5. RELEASE AND COVENANT NOT TO SUE

To the fullest extent permitted by applicable law, Participant releases and forever discharges the Released Parties from claims, demands, causes of action, damages, losses, liabilities, costs, and expenses arising out of or relating to Participant’s participation in Covered Activities or presence at Covered Locations, including claims based on ordinary negligence.

Participant agrees not to commence or maintain an action against a Released Party for a claim that Participant has validly released under this Agreement. This section does not purport to release liability that Massachusetts law prohibits from being released.

6. INDEMNIFICATION AND HOLD HARMLESS

To the fullest extent permitted by law, Participant agrees to indemnify and hold harmless the Released Parties from claims, liabilities, damages, judgments, costs, and reasonable attorneys’ fees arising from Participant’s own acts, omissions, or violation of NMA rules, including claims brought by a third party arising from Participant’s conduct.

This indemnification provision is not intended to require indemnification for liability that cannot lawfully be shifted to Participant.

7. MEDICAL FITNESS AND DISCLOSURE

Participant represents that Participant is physically able to participate or has obtained appropriate medical advice before participating. Participant agrees to notify NMA of any condition, injury, medication, limitation, or change in health that may affect safe participation.

NMA personnel are not acting as physicians or medical providers. NMA does not provide medical diagnosis or treatment.

8. EMERGENCY MEDICAL AUTHORIZATION

If Participant is injured or becomes ill and is unable to provide informed consent, Participant authorizes NMA personnel, in their reasonable judgment, to obtain or arrange emergency medical evaluation or treatment, including contacting emergency medical services. Participant understands that NMA is not responsible for medical expenses incurred as a result of such care.

Participant understands that NMA may contact the emergency contact listed in this Agreement when reasonably necessary.

9. COMMUNICABLE DISEASES AND INFECTIONS

Participant understands that close-contact activities may expose participants to communicable diseases and infections, including but not limited to influenza, COVID-19, ringworm, impetigo, staphylococcal infections including MRSA, and other contagious conditions.

Participant agrees not to participate while experiencing symptoms or while subject to a restriction that makes participation unsafe or inappropriate. Participant agrees to follow reasonable hygiene, sanitation, skin-check, illness, and return-to-training procedures communicated by NMA.

10. EQUIPMENT AND FACILITIES

Participant agrees to use equipment only as instructed and to inspect equipment when appropriate. Participant will promptly report damaged, defective, unsafe, or contaminated equipment or conditions to NMA staff.

Participant understands that no facility or equipment can be guaranteed to be free of hazards and assumes the risks associated with reasonable use.

11. SAFETY RULES AND CODE OF CONDUCT

Participant agrees to follow instructor directions, posted rules, safety procedures, hygiene requirements, and reasonable requests of NMA staff.

• Treat instructors, staff, members, guests, and other participants respectfully.
• Use controlled technique and appropriate intensity for the training partner and activity.
• Do not intentionally injure, threaten, bully, harass, or intimidate another person.
• Do not train while impaired by alcohol, recreational drugs, or any substance that materially affects safe participation.
• Maintain reasonable personal hygiene and keep nails trimmed.
• Immediately report an injury, unsafe conduct, suspected contagious skin condition, or hazardous condition.
• Do not use equipment or areas in a manner inconsistent with NMA instructions.

NMA may restrict, suspend, or terminate participation when NMA reasonably determines that conduct presents a safety, health, or operational concern.

12. PARTICIPANT-TO-PARTICIPANT CONTACT

Participant understands that physical contact is an essential component of many martial arts activities. Participant agrees to communicate appropriately with training partners, tap or otherwise signal when necessary, respect a partner’s signal to stop, and immediately notify an instructor of unsafe conduct.

13. MINOR PARTICIPANT — PARENT/GUARDIAN CONSENT

If Participant is under 18, the undersigned parent or legal guardian represents that they have authority to enter into this Agreement on behalf of the minor. The parent/guardian knowingly consents to the minor’s participation in Covered Activities and acknowledges the risks described above.

The parent/guardian agrees to the release, assumption-of-risk, indemnification, and other provisions of this Agreement to the fullest extent permitted by law and represents that the information supplied about the minor is accurate.

The parent/guardian understands that Massachusetts law may govern the enforceability and scope of releases involving minors and agrees that this document should be interpreted consistent with applicable law.

14. PHOTO, VIDEO, AUDIO AND LIKENESS RELEASE

Participant grants NMA a nonexclusive, worldwide, perpetual right to photograph, record, interview, and otherwise capture Participant’s image, likeness, voice, name, age, statements, and participation in connection with NMA activities, and to use such materials for lawful educational, promotional, advertising, marketing, social-media, website, publication, and archival purposes.

Participant understands that NMA may edit, reproduce, publish, distribute, display, or create derivative materials from such content without additional compensation, subject to applicable law.

Participant may request that NMA not use identifiable media of Participant in future promotional materials by submitting a written request. This request does not necessarily require removal of materials already published or distributed.

15. PERSONAL PROPERTY

Participant is responsible for personal belongings brought to NMA or event locations. To the fullest extent permitted by law, Participant releases the Released Parties from responsibility for loss, theft, or damage to personal property except to the extent such release is prohibited by law.

16. ELECTRONIC RECORDS AND SIGNATURES

Participant agrees that this Agreement may be presented, accepted, signed, stored, and delivered electronically. An electronic signature or other legally valid electronic manifestation of intent to sign may be used in place of a handwritten signature to the extent permitted by applicable law.

Massachusetts law generally provides that an electronic record or signature may not be denied legal effect solely because it is electronic. NMA may retain an electronic copy as its business record.

17. GOVERNING LAW AND VENUE

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles, to the extent applicable.

Any dispute concerning this Agreement shall be brought in a court of competent jurisdiction in Massachusetts, subject to any applicable law requiring a different forum or procedure.

18. NO WAIVER OF NON-WAIVABLE RIGHTS

Nothing in this Agreement is intended to waive, release, or limit any right, claim, remedy, statutory protection, or liability that cannot lawfully be waived or limited under applicable Massachusetts or federal law. If a provision is prohibited or unenforceable, it shall be limited or severed to the minimum extent necessary, while the remaining provisions continue to the fullest extent permitted.

19. SEVERABILITY

If any provision or portion of this Agreement is held invalid or unenforceable, that determination shall not affect the remaining provisions, which shall remain in effect to the fullest extent permitted by law.

20. ENTIRE AGREEMENT; MODIFICATION

This Agreement contains the participation-release terms between Participant and NMA concerning the subject matter addressed here and supersedes prior release language concerning that subject matter, unless NMA expressly states otherwise in writing.

Any amendment or modification should be in writing and authorized by NMA and, when required, accepted by Participant.

21. ACKNOWLEDGMENT AND VOLUNTARY ACCEPTANCE

Participant acknowledges that Participant has had an opportunity to read this Agreement, ask questions, and seek independent legal advice before signing. Participant understands that this Agreement affects substantial legal rights and voluntarily agrees to its terms as a condition of participation in Covered Activities.

Participant understands that participation is voluntary and that NMA may require a signed release before permitting participation.