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HOLD HARMLESS / RELEASE OF LIABILITY WAIVER

All Participants must sign a Waiver and Release of All Liability before participating in any classes/services provided by Ttown MMA LLC, dba T-Town MMA and CheckMat Tacoma. “You” and “Your” shall refer to the participant, a Minor Child and/or the Member/Buyer as applicable and “T-Town MMA”, “our”, “us”, “we” and “the gym,” shall refer to Ttown MMA LLC, dba T-Town MMA and CheckMat Tacoma.

You understand there are inherent risks involved in the practice of martial and/or mixed martial arts including but not limited to: physical injury, partial or total disability, paralysis and/or death. You agree that if you are present for any reason, you have an interaction of any kind with or from another person, engaging in any physical activity, exercise, use the equipment, gear in the facility, on the surrounding property or at a gym-sponsored event you do so at YOUR OWN RISK. You assume this risk for all likely and unlikely, reasonable and unreasonable, known or unforeseen experiences or occurrences. This includes, without limitation participation in: classes, activities, programs, private and/or personal trainings or any other services now or in the future made available, use of equipment, gear, facilities and/or surrounding property. You agree that you are voluntarily participating in the services we provide and you are assuming all risk of injury, contraction of disease, illness, death or other condition that might result including damage to, loss or theft of personal property. You agree on behalf of yourself, your minor child, spouse, heirs, personal representatives, executors, administrators, agents, assigns or others to release and discharge TTown MMA LLC our employees, volunteers, affiliates, agents, representatives, successors, assigns or others from any and all claims, losses, damages, expenses (medical or otherwise) arising out of our negligence. This Waiver and Release of all liability includes, without limitation any known or unforeseen problems which may occur as a result of: 

1. Participation in classes, training programs, private instruction and any services now offered or in the future made available.
2. Our negligent instruction, supervision, hiring and/or retention of employees, volunteers or independent contractors.
3. Use of the equipment and gear which may malfunction and/or break and its improper maintenance.
4. Use of the facilities including the surrounding property and its improper maintenance.
5. Loss of consortium.
6. First-aid, emergency or other related treatment which is negligently rendered or failed to be rendered by or on behalf of us. You agree to indemnify, defend and hold Ttown MMA LLC DBA: T-TOWN MMA and Check Mat Tacoma our employees, volunteers, affiliates, agents, representatives, successors, assigns or others harmless from and/or against all claims, causes of action, loss, damages, expenses or other liabilities in law or in equity to which we may be subjected to, arising from or relating to your voluntary use of the facilities and services we provide. Such indemnification will relieve Ttown MMA, LLC, dba Ttown MMA and CheckMat Tacoma from the consequences of our own actions, inactions and/or negligence.

BY SIGNING BELOW YOU ACKNOWLEDGE YOU HAVE CAREFULLY READ THIS WAIVER AND YOU FULLY UNDERSTAND IT IS A WAIVER AND RELEASE OF ALL LIABILITY. IN ADDITION, YOU HEREBY WAIVE ANY RIGHT YOU AND/OR YOUR CHILD MAY HAVE TO BRING LEGAL ACTION AND/OR ASSERT CLAIM(S) AGAINST TTOWN MMA, LLC FOR OUR NEGLIGENCE ARISING OUT OF OR RELATING TO YOU AND/OR YOUR MINOR CHILD'S PARTICIPATION AS DESCRIBED ABOVE. YOU FURTHER AGREE TO ACCEPT FULL RESPONSIBILITY FOR PAYMENT OF ANY EXPENSES (MEDICAL OR OTHERWISE) THAT MAY INCUR AS RESULT OF YOU AND/OR YOUR MINOR CHILD’S VOLUNTARY USE OF THE FACILITIES AND PARTICIPATION IN ANY SERVICES WE PROVIDE AS DESCRIBED IN THIS WAIVER AND RELEASE AND ANY ADDENDA ATTACHED.

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Assumption of Risk/ Waiver of Liability/ Indemnification Agreement

For Communicable Diseases Including COVID-19

In consideration of being allowed to participate in T-Town MMA’s athletic program and related events and activities, I acknowledge and appreciate, and agree to all of the following:  

1. This Assumption of Risk, Waiver of Liability, Indemnification Agreement (hereinafter “Release”) is between the undersigned and T-Town MMA LLC, their coaches, owners, officers, officials, agents, employees, volunteers, other participants (hereinafter “T-Town MMA”) and covers COVID-19, MRSA, influenza, and other communicable diseases (hereinafter “communicable diseases”).
2. Participation in T-Town’s athletic program includes attending classes and any other team events or activities regardless of location. I understand that participation includes possible exposure to illness from communicable diseases. While particular rules and personal discipline may reduce this risk, I understand that no list of restrictions, guidelines, or practices will remove 100% of the risk of exposure as those viruses can be transmitted by persons who are not symptomatic and before some people show signs of infection. I understand that the risk of serious illness and death does exist. I understand that when participating in T-Town MMA’s athletic program, I will be in contact with coaches, teammates, families, children, and others who might expose me to communicable diseases and who are also at risk of community exposure.
3. I, the undersigned acknowledges, appreciates, and agrees that on behalf of myself, my heirs, assigns, personal representatives, and next of kin, hereby release and hold harmless T-Town MMA in the event of any illness, disability, death, or loss or damage to person or property resulting from any communicable disease, including COVID-19 whether arising from the acts, omissions, or negligence of T-Town MMA, to the fullest extent permitted by law including, but not limited to, agreeing not to sue and releasing and holding harmless T-Town MMA from claims, liabilities, actions, damages, costs, or expenses of any kind arising out of or relating thereto.
4. I knowingly and freely assume all such risks, both known and unknown and assume full responsibility for my participation.
5. I willingly agree to comply with the terms and conditions for participation regarding protection against infectious diseases as outlined in T-Town MMA’s Reopening Plan. If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring that hazard to the attention of the nearest official immediately.
6. I agree to assume all the foregoing risks and accept full responsibility for my own damages following illness, injury, permanent disability, or death.
7. I shall defend, indemnify, and hold harmless T-Town MMA against any and all liability, loss, expenses, including reasonable attorney’s fees, claims from injury or damages to the extent that the same are caused by or result from the activities related to participation in T-Town MMA’s athletic program.
8. I understand and expressly agree that the terms of this Release are governed by the laws of the State of Washington. I also understand and expressly agree that the terms of this Release are intended to be as broad and inclusive as is permitted by the laws of Washington. Any provision or portion of this Release are found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion. The offending provision or portion shall be construed to the maximum extent possible to confer upon the parties the benefits intended thereby. Said provision or portion, as well as the remaining provisions or portion hereof, shall be construed and enforced to the same effect as if such offending provision or portion thereof had not been contained herein.

I HAVE READ THIS RELEASE AND FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

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FOR PARTICIPANTS UNDER AGE 18 AT THE TIME OF REGISTRATION PARENTS WHO SIGN WILL SIGN ON BEHALF OF THEIR CHILDREN:

As the parent/guardian of this participant, I certify that I have read and understood the provisions of this Release and that I have read and explained its provisions to my child, including the risks of presence and participation in T-Town MMA’s athletic program. I have also explained that it is my child’s personal responsibility to adhere to the rules and regulations for protection against communicable diseases. As my child’s parent or guardian, I understand and accept those risks and responsibilities. Furthermore, my child understands and accepts those risks and responsibilities. I, for myself, my child’s other parents/guardians, all family members, and my child consent and agree to his/her Release as outlined above.

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