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PINNACLE BJJ

LIABILITY/VIDEO/PHOTO RELEASE WAIVER, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

COVENANT NOT TO SUE, AND ASSUMPTION OF THE RISK AGREEMENT

In consideration for being allowed to participate as a customer, student, or attendee of Tony Nolan Brazilian Jiu Jitsu d/b/a Pinnacle
BJJ (“Pinnacle”), the undersigned hereby agrees to the following terms and conditions of this Waiver and Liability Release Agreement
(hereinafter, this “Agreement”) and has initialed each paragraph below to indicate it has been read and understood by him/her.

Section 1. Participant Safety Rules. I am aware, understand, and agree to always follow our Participant Safety Rules, provided as
follows:
(1) No chewing gum during class.
(2) Keep fingernails and toenails short and trimmed, and keep considerate of others by maintaining own personal hygiene.
(3) Must wear mouth guards during participation.
(4) No “slamming” participants. Slamming is the motion of sending an opponent to the ground with unreasonable or excessive
force.
(5) All participants not wearing Gi (traditional Brazilian Jiu Jitsu uniform) must wear rash guards and fight shorts without
pockets.
(6) Do not participate or attend class if ill, and immediately stop participating and inform an instructor if suddenly becoming ill
during class.
(7) No horseplay before, during, or after class.
(8) Follow instructions as provided by the instructor, and report all injuries, misconduct, or violations of rules to any available
instructor immediately.
I acknowledge and agree that I have read, understand, and will at all times abide by all of Pinnacle’s Participant Safety Rules,
instructions, procedures, and any and all other instructions established by the instructors, whether communicated in writing, posted
on the premises, or communicated verbally.

Section 2. Indemnification and Hold Harmless. I hereby agree to indemnify, hold harmless, and defend Pinnacle and any of its
employees, instructors, directors, officers, contractors, agents, and principals, from any and all fault, liabilities, costs, expenses,
claims, demands, or lawsuits arising out of or related to or connected with:
a. Instruction in or my participation in Brazilian Jiu Jitsu training, sparring,
b. The gym, buildings, land, and premises used (hereinafter, collectively the “Premises”);
c. My presence on or use of the Premises; and
d. Any and all acts or omissions by me, the undersigned.
I understand that this Agreement will apply to any form of participation related to Pinnacle, and includes but is no way limited to
general participation, traveling to and from Pinnacle’s events or training programs, or spectating/watching others engaged in
Pinnacle’s various activities. Should any such claim, demand, or lawsuit arise or be asserted in any way related thereto, whether
arising under the laws of the United States, the State of Arizona, any other state or local law, or under any theory of law or equity, I
will indemnify, hold harmless, and defend Pinnacle from any and all costs, expenses, or liability. This duty to indemnify includes but
is not limited to the cost of any settlement or judgment made or rendered against Pinnacle, whether individually, jointly, or in
concert with me, together with all costs of court and other costs, expenses, or attorney’s fees incurred in connection with any such
claim, demand, or lawsuit.

Section 3. Nature & Inherent Risks. Pinnacle engages in the activity of martial arts training. Martial arts training in general,
including Brazilian Jiu Jitsu, may include sparring, submission holds, chokes, and strikes. Brazilian Jiu-Jitsu is a martial art based on
grappling and ground fighting, focusing on the skill of controlling one’s opponent through techniques that force the opponent to
submit. Therefore, there are several categories of inherent risks, which include, but are in no way limited to the following:
• Contact-related inherent risks: Striking blows by punches or kicks, wrestling maneuvers, falls, accidental blows, choke
holds, joint locks (forcing a joint to bend the “wrong” way). Contact-related activities may result in spraining, breakage,
tearing, or various other forms of damage to muscles, tendons, ligaments, bones, or other vital tissues or organs in the
body, varying in severity and lethality. Examples of such injuries include, but are in no way limited to lacerations and
bruises of the skin, eye injuries, ear injuries (including injury to the tympanic membrane) head trauma, concussion, central
nervous system injuries, peripheral nervous system injuries, groin injuries, musculoskeletal system injuries etc.

• Joint and muscular risks: Present in activities such as push-ups, jumping jacks, training with weights and equipment, and
other fitness exercises, which include muscle strains and tears, tendon and ligament damage, and other related injuries.
• Collision-related inherent risks: Colliding with an opponent, collisions with other pairs of participants on the mat, and
collision with a wall, floor, or stationary object.
• Equipment failure/misuse risks: Bag attachment failure, flaw in ground mats, and ineffective headgear or other protection
equipment.
• Infectious disease risks: Diseases that spread primarily from contact with skin (e.g., staphylococcal infections, impetigo,
MRSA); viral infections (e.g., herpes simplex, molluscum contagiosum – poxvirus), and fungal infections (e.g., ringworm);
and contagious diseases spread by such as being near an infected person, droplets in the air, contact with surfaces, and/or
other means (e.g., the common cold, influenza, measles, tuberculosis, COVID-19, etc.).
• Judgment errors of Pinnacle Personal: Momentary distraction or inattention while supervising, failure to quickly recognize
a developing dangerous condition, failure to spot a participant behaving dangerously, judgment error in evaluating
participant ability or capability, judgment error in matching participants or in judging readiness to progress, and error in
judging that instruction was adequate and/or clear to participants.
• Participant/co-participant-related risks: Erratic or reckless acts, failure to follow directions, anger and retaliatory acts,
violation of safety rules, and spontaneous acts that endanger others.
NOTE: Please note that the risks associated with participating in Pinnacle’s activities are in no way limited to the risks and injuries
disclosed in Section 3 of this Agreement. By initialing this Section 3, you acknowledge that you have a complete understanding of
the inherent risks associated with participation in Pinnacle’s activities.

Section 4. Assumption of Risk. I acknowledge that have read the above paragraphs and fully know and understand that Pinnacle’s
activities contain certain inherent risks that vary widely. I understand and appreciate the types of injuries that may occur as a result
of Pinnacle’s activities and the effect such injuries may cause on my well-being and lifestyle. I expressly acknowledge and am
accepting of the substantial inherent risks of serious personal harm or injury associated with said activities; and THEREFORE, I
EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF HARM, PERSONAL INJURY, PROPERTY LOSS, AND DEATH as a result of my
participation in the activities of Pinnacle, and I agree to be personally liable for any and all losses or damages that may occur as a
result of any such personal harm or injury resulting or that may arise by taking part in the activities of Pinnacle.

Section 5. Waiver. I hereby expressly waive any and all rights and claims for damages, losses, demands, and any other actions
(including but not limited to any and all injuries, damages, illnesses, or death suffered by me or damage to my property), which may,
in any way, arise out of, be related to, or be connected with the activities of Pinnacle. I hereby RELEASE, DISCHARGE, AND
COVENANT NOT TO SUE Pinnacle, Pinnacle and its employees, instructors, directors, officers, contractors, agents, and principals, for
any and all such claims. This waiver is both personal and on behalf of any minor for whom it is executed. Persons under the age of
18 must have a parent or legal guardian execute this waiver. As a participant, I also assume all responsibility for all my actions
during my participation.

Section 6. Consent to Photo & Video. I understand that photographs and video images(s) of me participating in Pinnacle’s activities,
may be taken and may be used by Pinnacle for commercial, promotional, and/or informational purposes. I hereby authorize the use,
publication, and reproduction by Pinnacle of any photographs, videos, or other imaging material taken of me for any editorial,
advertising, or promotional use. I hereby waive all claims or rights arising out of such use, publication, and reproduction. I also
waive any right to inspect or approve the finished materials in which such content will be used.

Section 7. Representations of Participant. I, the undersigned, hereby represent, affirm, and attest to Pinnacle as follows:
(1) I understand that I should receive medical clearance prior to participation in a vigorous physical activity.
(2) I am healthy and in good physical condition and fully able to safely participate in the activities of Pinnacle, and that I have
no health problems that would make my participation in the activities of Pinnacle unsafe or dangerous. I have not been
advised by any doctor, coach, or trainer not to participate in the activities of Pinnacle for any reason.
(3) I agree to attempt only activities that I feel I am capable of performing safely.
(4) I have not ever been expelled from another Brazilian Jiu Jitsu or any other martial art instruction course, program, or event,
at any time in the past.
(5) I will abide by the Participant Safety Rules, as outlined in Section 1 of this Agreement.
(6) I authorize Pinnacle to secure emergency medical care or transportation (e.g., EMS) when deemed necessary by Pinnacle,
and I agree to assume all costs of emergency medical care and transportation.
(7) I acknowledge that it is my duty to inform staff and cease exercise immediately if I feel any unusual discomfort (e.g.,faintness, shortness of breath, high anxiety, chest pains, etc.) during participation.

Section 8. Binding on Successors. I expressly agree that this Agreement, in its entirety, is binding on me and by executors,
administrators, assignees, heirs, next of kin, and any minor for whom it is signed.

Section 9. Signing on Behalf of Minor. As the undersigned, I hereby represent that I am at least 18 years of age or older or, if signing
on behalf of a minor child, that I am the parent or legal guardian of the minor child I am signing on behalf of. If signing on behalf of a
minor, I hereby represent and expressly agree that in exchange for allowing said minor child to participate in Pinnacle’s activities, I
am to be bound to the same terms and conditions, as set forth in this Agreement, and acknowledge the risk of injury or loss I or my
child might suffer in exchange for allowing my child to participate in the activities of Pinnacle. I understand that by signing for a
minor child, I am giving up substantial rights, including the right of my child to recover damages for any loss suffered as a result of
injury or death from participation at Pinnacle, along with my rights to recover damages for any loss or injury I might directly suffer,
or for any loss I might suffer as a result of injury or death of my minor child from participant at Pinnacle.

Section 10. Governing Law and Interpretation. If any action is brought arising from the activities of Pinnacle, the venue for any legal
action shall be in the appropriate trial court for Maricopa County, State of Arizona. This Agreement shall be governed by and
interpreted in accordance with the substantive laws of the State of Arizona. If any term or provision in this Agreement is held to be
void or unenforceable, the terms or provision will be severed from the Agreement, the balance of the Agreement will survive, and
the balance of this Agreement will be reasonably construed to carry out the intent of the parties as evidenced by the terms of this
Agreement. Further, if there exists any ambiguity in any of the provisions of this Agreement, no rule of interpretation favoring one
party over another based on authorship will apply.

I, THE UNDERSIGNED, UNDERSTAND THAT I MUST SIGN THIS AGREEMENT AND FULLY COMPREHEND THE RISKS INVOLVED BEFORE
BEING ALLOWED TO PARTICIPATE IN THIS CLASS. I HAVE READ THIS AGREEMENT ENTIRELY AND UNDERSTAND ITS CONTENTS. I
HAVE BEEN INFORMED OF ALL OF THE RISKS INVOLVED AND I VOLUNTARILY AGREE TO THE TERMS AND CONDITIONS PRESENTED
HEREIN. FURTHER, I AGREE THAT I AM OVER THE AGE OF EIGHTEEN (18) YEARS (OR I AM THE PARENT/LEGAL GUARDIAN OF THE
MINOR PARTICIPANT WHOSE NAME IS PROVIDED BELOW) AND THAT I HAVE READ AND INITIALED EACH OF THE ABOVE TERMS AND
CONDITIONS.

BY SIGNING BELOW, I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY,
DEATH, OR PROPERTY DAMAGE. MY SIGNATURE INDICATES MY KNOWLEDGE OF AND CONSENT TO THIS FACT.

• {name}

Printed Name

{sign_date}
Date

Signature of Adult Student or Signature of parent/legal guardian of a minor

ADULTS CLASS-FOR SAFETY, the following techniques are prohibited during class rolls at Pinnacle.  Please see the IBJJF Rules chart for a list of banned techniques according to age and belt rank.

1. Standing scissor takedown
2. Stacking your opponent’s hips over their neck
3. All slams and suplexes, or any technique which causes your opponent to land on their head or neck
4. Spinal locks
5. Grabbing fingers
6. Heel hooks, reaping the knee, or twisting the knee 
7. Both students must be BLUE belt or above to practice wrist locks
8. Both students must be BROWN belt or above to practice biceps slicers, calf slicers, toe holds, or knee bars.
9. Straight foot locks are only legal if you turn the same direction as the foot being attacked

KIDS CLASS-IN ADDITION TO THE PROHIBITED ADULT TECHNIQUES, the following techniques are banned for students under 16 years old.

1. Straight foot locks
2. Ezekiel chokes
3. Guillotine chokes
4. Omoplatas
5. Triangle chokes performed with the legs or arms

GYM RULES & ETIQUETTE:

1. Refer to black belt instructors as Professor or Coach
2. No shoes on the mats. Ever.
3. Wear shoes in the bathroom. Always.
4. Respect the tap. Tap early. Give your partner time to tap out.  Never crank a submission.  
5. You are responsible for your safety.
6. You are responsible for your partner’s safety.
7. You have the right to respectfully refuse to participate in sparring, for any reason, with any partner.  There is no pressure to roll.
8. It’s ok if someone refuses to roll with you.  Don’t pressure them or make them feel guilty.  Don’t take it personally. 
9. Don’t come to class if you’re feeling sick.
10. No chewing gum, mints, or other candy while rolling.
11. No foul language.  This is a family environment.
12. Parents, please do not coach or instruct your children. Training is practice, not competition.  Let the coaches do the coaching.
13. Wash your gi and rashguards.
14. Trim your finger and toe nails. 
15. Be mindful of inexperienced students, or any student who may be at a disadvantage due to age, size, conditioning, or strength. 

A paper copy of these policies is available at your request.

ACADEMY POLICIES AND PROCEDURES

1. Uniform Policy

-Wash your uniform after every session.  Good hygiene on the mats is both considerate and healthy.

-Every Pinnacle student must have at least one gi with an embroidered or patched Pinnacle Logo. 

-All students must have proper no gi shorts for no gi class.  No gi shorts must be pocketless and without metal.

-In order to compete as part of Team Pinnacle, you must have the Pinnacle logo present on your gi or rashguard & shorts. 

-IBJJF tournaments only allow black, white, or royal blue gis.

2. Parents & Guardians

-Please do not coach or instruct your children. Training is practice, not competition. Leave the coaching to the coaches. 

-Please keep your children’s nails trimmed.

-Please do not  bring your children to class if they are sick.

-Please bring water for your children.

-If you need to assist your child in the restroom, please make sure to take your shoes off while on the mat, and put them back on in the restroom. 

-Pinnacle has zero tolerance for bullying of any kind.  If any student/family member/parent feels that a student is being bullied, please notify the academy management immediately.  

Any student inside the academy found to be bullying another student will be asked to leave.  Thank you for your continued support and making our academy a fun and safe environment for all to enjoy.

- Pinnacle reserves the right to determine whether or not a student is able to continue participating in our classes for a variety of reasons.  These include, but are not limited to, behavior, safety, maturity level, ability to perform certain safe or foundational techniques, disrespect, or continual disruption of class.  Pinnacle will inform students/parents/guardians of these issues and will inform them when their membership is being revoked.  

-Coaches reserve the right to remove any student from class for any reason, according to what the coach believes is in the best interest of the class and/or Pinnacle BJJ.

3. Placing a membership on hold

- The academy will allow a student to freeze their membership and hold their tuition rate in the event that they need to refrain from training for a period of time. This will allow a student to hold their current rate (in the event of a rate increase)  and return to training at a future date. The student will have to pay $20 per month to hold and freeze a membership. Paying the $20 per month to freeze a membership will ensure a hold on the tuition rate the student is currently paying. When the student wishes to return to a regular membership, they must notify Pinnacle prior to their renewal date, or they will be charged another $20 hold fee.  When the student returns to training, their account will be reactivated and the student will resume paying their current tuition rate.  A student who wishes to train while their account is on hold must pay the drop-in rate for the gym, or move up their monthly tuition date to the day they wish to return to full-time training.  In order to freeze an account and hold a tuition rate, a student must notify academy management in writing by a text or email. The hold will take effect on the renewal date for the following month’s tuition.  The minimum amount of time a membership can be placed on hold is 1 month. If they return to training sooner, the $20 fee is not refundable, and is separate from their tuition rate. If a student chooses to cancel their membership without a hold, and then returns at a later date, they may have to pay an increased rate if tuition was raised in their absence. 

4. Canceling a membership

- If a student desires to cancel a membership, they must notify gym management in person, and send an email to the gym for our records. The cancellation will not be official until we receive the email requesting cancellation. The cancellation will take effect at the end of the student’s current tuition month, once the email is received.  The student may continue to train at the academy until their current month expires.

5. Past Due Tuition and Late Fees

Tuition for all students is due every month on the same date per agreement signed with the academy. The student or parent will receive an email and text if tuition fails to process on the day it is due. The student or parent may contact the academy to update expired credit card info, or make a payment. Students may not attend classes if their membership isn’t current.  After 30 days, if tuition continues to be unpaid, the student will lose their tuition rate and their membership will be canceled. 

If the student returns, they will have to pay any past due tuition plus late fees, and sign a new agreement with the current monthly tuition rate of the academy. Any membership specials the academy may have will not be available to the returning student.

6. Stripes and Belt Promotions

Stripes and promotions are at the sole discretion of the instructors.  The academy will cover the cost of belts for promotions.  Replacement belts are the responsibility of the student.

7. Discounts and Special Pricing

Discounts cannot be combined or applied to pricing specials. ESA memberships are not eligible for discounts.

A paper copy of these policies and procedures is available upon request.