Hicks MMA Liability Waiver & Release
RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AND, WHERE APPLICABLE, PARENTAL CONSENT AGREEMENT (“AGREEMENT)”
IN CONSIDERATION of being permitted or participate in any way in the Hicks Mixed Martial Arts (HMMA) FACILITY activity (“Activity”) I, for myself for personal representatives, assigns, heirs and next of kin:
ACKNOWLEDGE, agree and represent that I understand the nature of HMMA FACILITY Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity.
FULLY UNDERSTAND THAT: (a) HMMA ACTIVITIES INVOLVE RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH (“RISKS”); (b) these Risks and dangers may be caused by my own actions or inaction’s, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be OTHER RISK AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSEES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity.
HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Hicks MMA or MDH Fitness LLC or Marcus D. Hicks , their respective administrators, directors, agents, officers, members, volunteers and employees, other participants, any sponsors, advertisers, and if applicable, owner and lessors of premises on which the Activity takes place, (each considered one of the “RELEASES” herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSEES, OR DAMAGES ON MY ACCOUNT CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, I or anyone on my behalf, makes a claim against any of the Releasees I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage or cost which may incur as the result of such claim.
Communicable Disease Acknowledgment and Assumption of Risk
I understand that participation in martial arts training and related activities involves close physical contact with other participants, instructors, and staff, and that there is an inherent risk of exposure to communicable diseases, including but not limited to COVID-19, influenza, staph infections, MRSA, and other viral or bacterial illnesses.
I voluntarily assume all risks related to exposure to such communicable diseases, whether arising from the actions, omissions, or negligence of Hicks Mixed Martial Arts (HMMA), its owners, instructors, staff, members, or other participants. I acknowledge that Hicks Mixed Martial Arts cannot guarantee that I will not be exposed to a communicable disease while participating in training or using its facilities.
I agree to release, waive, discharge, and hold harmless Hicks Mixed Martial Arts (HMMA), its owners, officers, employees, agents, and affiliates from any and all claims, liabilities, damages, or causes of action arising out of or related to exposure to communicable diseases to the fullest extent permitted by law.
Media Release and Consent
I hereby give, Hicks Mixed Martial Arts (HMMA), its legal representatives and assigns, those for whom Hicks MMA (HMMA) is acting, those acting with Hicks MMA (HMMA)’s permission, and/or HMMA employees, permission to record, video or photograph me, my image and/or voice, as applicable, and use them for various purposes, including, but not limited to marketing, advertising, public relations and employee communications, and in connection with any and all media:
l understand that I will receive no special compensation for the recording, video or photograph. I am participating as a volunteer. I further understand that I will have no rights in or to the recording, video or photograph, I have no right to inspect or approve the finished recording, video or photograph or the eventual use that it/they might be applied. I may not be informed of the specific use of them. I release, discharge and agree to save harmless Hicks its legal representatives or assigns, those for whom Hicks is acting, those acting with Hicks' permission, and Hicks' employees, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur from making, showing, using or distributing the recording, video or photograph, including without limitation any claims for libel or invasion of privacy.
I HAVE READ THIS AGREEMENT BEFORE AFFIXING MY SIGNATURE BELOW AND I FULLY UNDERSTAND AND AGREE TO ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTENT IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT. I AFFIRM THAT I AM OVER THE AGE OF 18 OR REPRESENTING A MINOR.
Participant name: {name}
{sign_date}
If signing on behalf of a minor, the undersigned represents that they are the parent or legal guardian of the Participant.
Hicks MMA
