TEAM MASTERY LAKEWOOD RANCH
ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY
Participant Legal Name: {name}
Date of Birth: {dob}
Address: {address}
Phone: {phone}
Emergency Contact: {contact_name}
Emergency Contact Relationship: {contact_relation}
Emergency Contact Phone: {contact_phone}
If Participant Is Under 18:
Natural Guardian’s Legal Name:
Relationship to Participant:
IMPORTANT NOTICE
This agreement affects substantial legal rights, including the right to sue. Read it completely before signing or accepting it electronically.
If the participant is under 18, this agreement must be signed by the participant’s natural guardian. The Minor Participant Addendum near the end of this agreement also applies.
FITNESS PROVIDER
“Fitness Provider” means Team Mastery of Florida LLC, doing business as Team Mastery Lakewood Ranch, together with its owners, members, managers, officers, employees, instructors, coaches, trainers, contractors, volunteers, agents, affiliates, landlords, insurers, successors and assigns.
Business Address:
4224 Solutions Lane, Suite 104
Bradenton, Florida 34211
Business Phone: 941-900-6980
FITNESS SERVICES
I understand that I or the minor participant will voluntarily participate in activities offered, organized, instructed or permitted by the Fitness Provider, including but not limited to:
- Brazilian jiu-jitsu and other martial arts.
- Wrestling, grappling and submission grappling.
- Sparring, drilling and live training.
- Self-defense instruction.
- Striking instruction, if offered.
- Competitions, demonstrations and seminars.
- Weight training, strength training and conditioning.
- Cardiovascular exercise and general fitness activities.
- Yoga, stretching and mobility activities.
- Open-mat and unsupervised practice periods, if permitted.
- Toddler, youth and family fitness programs.
- Use of mats, weights, training equipment, locker rooms, common areas and other facilities.
These activities, related instruction and use of the premises and equipment are collectively referred to as the “Fitness Services.”
HEALTH REPRESENTATIONS AND PARTICIPANT RESPONSIBILITIES
I understand that it is my responsibility to consult a qualified healthcare professional before participating in the Fitness Services.
I represent that I am, or the minor participant is, physically and medically able to participate safely except for any condition or limitation disclosed to the Fitness Provider.
I will disclose any relevant injury, illness, pregnancy, medication, medical condition or physical limitation that may affect safe participation.
Relevant medical conditions, injuries, allergies or limitations:
I understand that the Fitness Services are not medical care, diagnosis, treatment or physical therapy and are not a substitute for professional medical advice.
I will follow the Fitness Provider’s safety instructions and facility rules, use equipment only as directed and participate within my abilities.
I will immediately stop participating and notify an instructor if I experience pain, dizziness, shortness of breath, illness, injury, unusual discomfort or an unsafe condition.
I will keep the Fitness Provider informed of material changes to my health, contact information or other information relevant to safe participation.
I confirm that the information I have provided is accurate and complete to the best of my knowledge.
NO GUARANTEE OF RESULTS
I understand that the Fitness Provider does not guarantee any particular result from the Fitness Services, including improvements in fitness, strength, flexibility, athletic ability, martial-arts skill, rank, competition performance, weight or physical appearance.
My results may be affected by my health, effort, attendance, diet, recovery, conduct and other personal choices and circumstances.
ACKNOWLEDGMENT OF RISKS
I understand that martial arts, grappling, wrestling, fitness training and related activities involve strenuous physical activity, close physical contact and known and unknown risks.
These risks include, but are not limited to:
- Slips, trips, falls and collisions.
- Physical contact with instructors, training partners, participants or spectators.
- Being struck, pushed, pulled, thrown, taken down, pinned, compressed, twisted or choked.
- Joint locks, submission holds and pressure applied to the neck, back, limbs or joints.
- Accidental or intentional contact during drills, sparring, games or competition.
- Cuts, bruises, abrasions, mat burns and bleeding.
- Muscle soreness, strains, sprains, spasms and torn muscles, tendons or ligaments.
- Injuries to the fingers, hands, wrists, elbows, shoulders, neck, back, hips, knees, ankles or feet.
- Dental injuries, eye injuries, ear injuries and skin injuries.
- Broken, fractured or dislocated bones.
- Concussions, head injuries, spinal injuries, nerve injuries, paralysis or disability.
- Choking, loss of consciousness or restricted breathing.
- Overexertion, dehydration, heat illness, dizziness or fainting.
- Elevated blood pressure, cardiac events, stroke or other medical emergencies.
- Equipment failure, improper equipment use or unsafe facility conditions.
- Negligent or intentional acts of participants or other third parties.
- Exposure to bacteria, fungi, viruses and communicable illnesses, including ringworm, staph infections, influenza and COVID-19.
- Permanent injury or death.
I understand that injuries may occur even when rules are followed, protective equipment is used and reasonable care is exercised.
ASSUMPTION OF RISK
I KNOWINGLY AND VOLUNTARILY ACCEPT AND ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THE FITNESS SERVICES, INCLUDING RISKS ARISING FROM MY OWN ACTIONS, THE ACTIONS OF OTHER PARTICIPANTS, THE NATURE OF THE ACTIVITIES, THE CONDITION OF THE PREMISES OR EQUIPMENT AND THE ORDINARY NEGLIGENCE OF THE FITNESS PROVIDER, TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW.
I freely choose to participate despite these risks.
RELEASE AND WAIVER OF LIABILITY — ADULT PARTICIPANTS
If I am at least 18 years old, I, for myself and my heirs, estate, personal representatives and assigns, release and forever discharge the Fitness Provider from all claims, demands, causes of action, damages, losses, liabilities, costs and expenses arising from or related to:
- My participation in or attendance at the Fitness Services.
- My presence at or use of the Fitness Provider’s premises.
- My use of mats, weights, training equipment or other property.
- Personal injury, illness, disability or death.
- Loss of or damage to personal property.
- Any other loss connected with the Fitness Services.
THIS RELEASE EXPRESSLY INCLUDES CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE, ACT OR OMISSION OF THE FITNESS PROVIDER OR ANOTHER RELEASED PERSON OR ENTITY.
This release does not apply to gross negligence, reckless or intentional misconduct or any liability that cannot legally be waived.
COVENANT NOT TO SUE
I agree not to bring, join or assist any claim, lawsuit or other proceeding against the Fitness Provider concerning any matter released by this agreement.
I waive any right of subrogation to the extent permitted by law and agree to notify my insurers of this waiver if necessary.
INDEMNIFICATION
To the fullest extent permitted by law, I agree to indemnify, defend and hold harmless the Fitness Provider from third-party claims, liabilities, damages and reasonable attorneys’ fees arising from:
- My intentional or negligent misconduct.
- My violation of facility rules or safety instructions.
- My misuse of equipment or facilities.
- My actions toward another participant or person.
- A material misrepresentation or omission made by me.
This provision does not require me to indemnify the Fitness Provider for its own negligence where prohibited by law.
MEDICAL TREATMENT AND EMERGENCY CARE
If I or the minor participant requires emergency assistance and cannot provide consent, I authorize the Fitness Provider to contact emergency services and provide reasonable first aid until professional assistance becomes available.
I understand that the Fitness Provider is not obligated to provide medical personnel or medical care and does not guarantee any particular emergency response or outcome.
I am solely responsible for any ambulance, hospital, physician, medication or other medical expenses incurred on my behalf or on behalf of the minor participant.
PERSONAL PROPERTY
I understand that the Fitness Provider is not responsible for lost, stolen or damaged personal property except to the extent liability cannot legally be waived.
FACILITY RULES AND PARTICIPANT CONDUCT
I agree to follow all safety instructions, hygiene requirements, conduct standards and facility rules.
I understand that the Fitness Provider may refuse, suspend or terminate participation for safety, hygiene, conduct, nonpayment or operational reasons.
I will not intentionally injure another participant, use a prohibited technique or continue applying a technique after another participant submits or an instructor directs me to stop.
GOVERNING LAW AND VENUE
This agreement is governed by the laws of the State of Florida without regard to conflict-of-law rules.
Any lawsuit, action or proceeding arising from or relating to this agreement or the Fitness Services must be brought exclusively in a state or federal court having jurisdiction in Manatee County, Florida.
SEVERABILITY
This agreement is intended to be as broad and inclusive as Florida law permits.
If any provision is found invalid or unenforceable, that provision shall be narrowed only as much as necessary. The remaining provisions will continue in full force and effect.
ENTIRE AGREEMENT AND ELECTRONIC ACCEPTANCE
This agreement contains the complete understanding concerning its subject matter and may be modified only in writing.
A typed name, electronic signature, checked acceptance box or other electronic acceptance has the same legal effect as a handwritten signature.
Each time I participate in or attend the Fitness Services, I reaffirm this agreement unless I revoke it in writing before participating. Revocation applies only to future participation.
ADULT PARTICIPANT ACCEPTANCE
BY SIGNING OR ACCEPTING THIS AGREEMENT ELECTRONICALLY, I CONFIRM THAT:
- I am at least 18 years old.
- I have read and understand the entire agreement.
- I understand the risks associated with the Fitness Services.
- I understand that I am giving up substantial legal rights.
- I understand that the release expressly includes certain claims based on the Fitness Provider’s ordinary negligence.
- I accept this agreement knowingly and voluntarily.
Participant Name: {name}
Participant Initials:
Participant Signature/Electronic Acceptance:
Date: {sign_date}
MINOR PARTICIPANT ADDENDUM
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY.
YOU ARE AGREEING THAT, EVEN IF TEAM MASTERY OF FLORIDA LLC, DOING BUSINESS AS TEAM MASTERY LAKEWOOD RANCH, USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED.
BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM TEAM MASTERY OF FLORIDA LLC, DOING BUSINESS AS TEAM MASTERY LAKEWOOD RANCH, IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY.
YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND TEAM MASTERY OF FLORIDA LLC, DOING BUSINESS AS TEAM MASTERY LAKEWOOD RANCH, HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
NATURAL GUARDIAN’S REPRESENTATIONS AND CONSENT
I represent that:
- I am the minor participant’s natural guardian as defined by Florida law.
- I have the legal authority to enter this agreement.
- I have read and understand this entire agreement.
- I consent to the minor participant’s participation in the Fitness Services.
- The health, conduct, emergency-care and safety provisions of this agreement apply to me and the minor participant.
On behalf of myself and the minor participant, I knowingly accept and assume the inherent risks associated with the Fitness Services.
To the fullest extent authorized by Section 744.301(3), Florida Statutes, I waive and release in advance any claim or cause of action against the Fitness Provider for the minor participant’s personal injury, including death, or property damage resulting from an inherent risk of the activity.
“Inherent risk” has the meaning provided by Section 744.301(3), Florida Statutes.
This Minor Participant Addendum does not attempt to waive claims beyond those a natural guardian may legally waive. It does not release gross negligence, reckless or intentional misconduct or other liability that cannot legally be waived.
MINOR PARTICIPANT ACCEPTANCE
Minor Participant Name: {name}
Minor Participant Date of Birth: {dob}
Natural Guardian Name:
Relationship to Minor Participant:
Natural Guardian Initials:
Natural Guardian Signature/Electronic Acceptance:
Date: {sign_date}
FINAL ACKNOWLEDGMENT
I HAVE READ THIS AGREEMENT COMPLETELY. I UNDERSTAND ITS TERMS, INCLUDING THE ASSUMPTION OF RISK, RELEASE OF LIABILITY, COVENANT NOT TO SUE AND MINOR PARTICIPANT PROVISIONS, IF APPLICABLE.
I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS AND ACCEPT THIS AGREEMENT KNOWINGLY AND VOLUNTARILY.