ASSUMPTION OF RISK, WAIVER OF LIABILITY, RELEASE, AND INDEMNIFICATION AGREEMENT
By signing this agreement, I acknowledge that I am voluntarily participating in activities at KOVA MMA & Fitness (“KOVA”), including but not limited to Mixed Martial Arts (MMA), Brazilian Jiu-Jitsu (BJJ), boxing, Muay Thai, wrestling, strength and conditioning, open mat, sparring, drills, youth classes, adult classes, private training, and any related activities.
1. ASSUMPTION OF RISK
I understand and acknowledge that martial arts, combat sports, and physical training involve inherent risks, including but not limited to:
Cuts, bruises, strains, sprains, broken bones, dislocations, concussions, head injuries, loss of consciousness, permanent injury, paralysis, or death.
I knowingly and voluntarily assume all risks associated with participation, whether caused by my own actions, the actions of others, equipment use, facility conditions, or the negligence of KOVA MMA & Fitness or its staff, to the fullest extent permitted by law.
2. VOLUNTARY PARTICIPATION & MEDICAL CONDITION
I certify that I am physically and mentally capable of participating in training activities. I have no medical condition that would prevent safe participation, or I have consulted a physician prior to training.
I understand that KOVA MMA & Fitness does not provide medical advice or determine my fitness for participation. I agree to stop training immediately if I feel pain, dizziness, injury, or discomfort.
3. WAIVER AND RELEASE OF LIABILITY
In consideration for being allowed to participate, I hereby release, waive, discharge, and agree not to sue KOVA MMA & Fitness, its owners, officers, instructors, coaches, employees, contractors, volunteers, landlords, and affiliates from any and all claims, demands, actions, or causes of action arising out of or related to participation, including injury, illness, property damage, or death, whether caused by negligence or otherwise, to the fullest extent permitted by Texas law.
4. ASSUMPTION OF RESPONSIBILITY
I understand and agree that I am solely responsible for any injury, loss, or damage sustained during participation, including injuries caused by other participants, sparring partners, improper technique, equipment use, or facility conditions.
5. INDEMNIFICATION
I agree to indemnify and hold harmless KOVA MMA & Fitness from any and all claims, damages, losses, liabilities, or expenses (including attorney’s fees) arising from my participation or the participation of my minor child.
6. RULES, CONDUCT, AND SAFETY
I agree to follow all gym rules, instructor guidance, and safety protocols. I understand that failure to do so may result in removal from class, suspension, or termination of membership without refund.
KOVA MMA & Fitness reserves the right to deny participation for unsafe, reckless, or inappropriate behavior.
7. PERSONAL PROPERTY
I understand that KOVA MMA & Fitness is not responsible for lost, stolen, or damaged personal property.
8. MEDIA RELEASE
I grant KOVA MMA & Fitness permission to use photographs and video recordings of me (or my child) taken during training or events for promotional, marketing, and social media purposes without compensation.
If I do not consent, I understand that I must notify KOVA MMA & Fitness in writing.
9. MINORS – PARENT OR LEGAL GUARDIAN CONSENT
If the participant is under 18 years of age, I certify that I am the parent or legal guardian. I consent to the minor’s participation and agree to all terms of this agreement on their behalf, including waiver, release, and indemnification.
10. GOVERNING LAW
This agreement shall be governed by and interpreted in accordance with the laws of the State of Texas.
11. SEVERABILITY
If any portion of this agreement is found unenforceable, the remaining portions shall remain in full force and effect.
12. ACKNOWLEDGMENT AND SIGNATURE
I have read this agreement in its entirety. I understand that by signing electronically, I am giving up legal rights, including the right to sue. I sign this agreement freely and voluntarily.
KOVA MMA & Fitness