TORUS BRAZILIAN JIU JITSU WAIVER

LIABILITY WAIVER/CONSENT INFO:

II. HEALTH ISSUES

MARTIAL ARTS TRAINING INVOLVES A HIGH AND INTENSE LEVEL OF PHYSICAL ACTIVITY. THEREFORE, YOU SHOULD CHECK WITH YOUR DOCTOR BEFORE YOU START THESE CLASSES TO ENSURE THAT YOU DO NOT HAVE ANY HEALTH PROBLEMS OR CONDITIONS THAT MAY MAKE THESE CLASSES UNSAFE FOR YOU. IF DURING ANY CLASS YOU EXPERIENCE ANY PHYSICAL PROBLEM, INCLUDING DIZZINESS OR SHORTNESS OF BREATH, YOU SHOULD IMMEDIATELY STOP YOUR PARTICIPATION IN THE CLASS AND SEEK THE APPROPRIATE MEDICAL ATTENTION.

IF YOU ARE AWARE OF ANY EXISTING HEALTH CONDITIONS OR INJURIES THAT WILL AFFECT YOUR PARTICIPATION IN THE CLASS, PLEASE LIST BELOW ON THE APPLICATION.

IN SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT I AM IN THE PROPER PHYSICAL CONDITION TO PARTICIPATE IN MARTIAL ARTS CLASSES AND I FURTHER ACKNOWLEDGE THAT I HAVE INSPECTED THE TORUS BJJ’s FACILITIES AND AGREE THAT THEY ARE SUITABLE AND SAFE FOR THE MARTIAL ARTS CLASSES.

III. TERMS OF MEMBERSHIP

DURING THE TERM OF MY MEMBERSHIP, I AGREE TO COMPLY WITH THE RULES ESTABLISHED FROM TIME TO TIME BY THE TORUS BJJ, AND MY INSTRUCTORS TO ENSURE THAT THE CLASSES ARE ORDERLY, SAFE AND FUN FOR EVERYONE. I UNDERSTAND AND AGREE THAT FAILURE TO FOLLOW THE RULES AND DIRECTIONS OF MY INSTRUCTORS COULD DISRUPT THE CLASS AND ALSO COULD RESULT IN SERIOUS INJURY TO OTHER PARTICIPANTS. THEREFORE, I AGREE THAT AT ANY TIME ANY INSTRUCTOR OR ANY OTHER MEMBER OF TORUS BJJ STAFF HAS THE RIGHT TO IMMEDIATELY, IN THEIR SOLE DISCRETION, TERMINATE MY MEMBERSHIP, WITHOUT REFUND OF PRE-PAID MEMBERSHIP FEES.

V. WAIVER - PERSONAL INJURY

I AM WAIVING THE RIGHT TO BRING A LAWSUIT, TO RECOVER COMPENSATION, OR TO OBTAIN ANY OTHER REMEDY FOR ANY INJURY OR THE DEATH, DAMAGE OR LOSS OF PROPERTY, OR ACCIDENT OF ANY KIND ARISING OUT OF MY MARTIAL ARTS CLASSES WITH TORUS BJJ.

V1. WAIVER - DEMONSTRATIONS AND TRAVEL

I UNDERSTAND THAT AS A MEMBER OF TORUS BJJ, MAY HAVE THE OPPORTUNITY TO TRAVEL TO COMPETITIONS OR OTHERWISE DEMONSTRATE THEIR MARTIAL ARTS SKILL OUTSIDE TORUS BJJ PREMISES. MY WAIVER AS OUTLINED IN PARAGRAPH V. ABOVE, SHALL ALSO INCLUDE ANY INJURY, DEATH, OR OTHER LOSS THAT MAY OCCUR AT ANY POINT DURING A TRIP OR EVENT OUTSIDE TORUS BJJ PREMISES. MY WAIVER AS OUTLINED IN PARAGRAPH V ABOVE, SHALL ALSO INCLUDE ANY PERSONAL INJURY, DEATH OR OTHER LOSS THAT MAY OCCUR AT ANY POINT DURING A TRIP OR EVENT OUTSIDE TORUS BJJ PREMISES, INCLUDING, BUT NOT LIMITED TO, ALL TRAVEL TO AND FROM SUCH EVENTS, AND ANY INJURY SUFFERED DURING ANY NON-MARTIAL ARTS ACTIVITIES.

VII. WAIVER - PHOTO/VIDEO/RECORDING RELEASE

I GIVE PERMISSION FOR THE USE, PUBLICATION AND OTHER DISPLAY, INCLUDING ADVERTISEMENTS, OF PHOTOS, VIDEO AND OTHER RECORDINGS TAKEN of me WHILE I am A MEMBER OF TORUS BJJ. I UNDERSTAND THAT I WILL NOT BE COMPENSATED IN ANY WAY FOR ANY PHOTO, VIDEO, OR OTHER RECORDING USED, PUBLISHED OR DISPLAYED BY THE TORUS BJJ, OR OTHERS.

VIII. WAIVER - RELEASE AND INDEMNITY

I HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TORUS BJJ, INCLUDING ITS AGENTS, OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, VOLUNTEERS, EMPLOYEES, CHAPERONES AND ALL OTHER PERSONS OR ENTITIES ACTING IN ANY CAPACITY ON BEHALF OF TORUS BJJ, FROM ANY CAUSE OF ACTION, CLAIMS OR DEMANDS WHATSOEVER, HOWEVER CAUSED, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY CLAIMS WHICH ARE CONNECTED WITH: (I) My PARTICIPATION IN MARTIAL ARTS CLASSES, (II) My USE OF TORUS BJJ FACILITIES; AND (III) USE OF PHOTOGRAPHS, VIDEOS OR OTHER RECORDINGS TAKEN OF me AND INCLUDING ANY SUCH CLAIMS WHICH ALLEGE NEGLIGENT ACTS OR OMISSIONS BY ANY OF THE PERSONS LISTED IN THIS PARAGRAPH. I AGREE THAT THIS WAIVER, INDEMNITY AND RELEASE OF LIABILITY IS BINDING UPON MY HEIRS, ASSIGNS, PERSONAL REPRESENTAVTIVES AND ESTATE.

IX. WAIVER – PRIVACY - COLLECTION OF PERSONAL INFORMATION

TORUS BJJ HAS COLLECTED THE PERSONAL INFORMATION LISTED IN THIS APPLICATION FOR THE FOLLOWING REASONS: I) TO BE ABLE TO CONTACT THE APPLICANTS REGARDING TORUS BJJ AND OTHER RELATED ACTIVITIES; II) TO BE ABLE TO COLLECT PAYMENT OF THE MEMBERSHIP FEES, INCLUDING THE RELEASE OF THE INFORMATION TO PROFESSIONAL PAYMENT SERVICES, THE COMPANY THAT PROCESSES THE PAYMENT OF THE MEMBERSHIP FEES ON AN INSTALLMENT BASIS; AND III) TO TRY TO PREVENT INJURY TO APPLICANTS BY BEING AWARE OF ANY HEALTH CONDITIONS THAT COULD AFFECT THEIR PARTICIPATION. BY SIGNING THIS APPLICATION, I AGREE TO ALLOW TORUS BJJ TO COLLECT, USE AND DISCLOSE MY PERSONAL INFORMATION FOR THESE PURPOSES.

Applicants 18 and Older:

BY SIGNING THIS FORM I AGREE THAT I HAVE HAD SUFFICIENT OPPORTUNITY TO READ, AND HAVE READ THIS ENTIRE DOCUMENT, I AM EIGHTEEN (18) YEARS OF AGE OR OLDER, AND I UNDERSTAND AND AGREE TO BE BOUND BY ITS TERMS. I ACKNOWLEDGE AND AGREE THAT PARAGRAPHS V, VI, AND VIII HAVE BEEN SPECIFICALLY DRAWN TO MY ATTENTION AND AGREE TO THE CONTENTS OF THESE PARAGRAPHS

WITNESS, TORUS BJJ. REPRESENTATIVE APPLICANT

I HAVE RECEIVED A COPY OF THIS APPLICATION

IF UNDER 18, MY PARENT/GUARDIAN IS SIGNED BELOW.

IN CONSIDERATION FOR ACCEPTING THIS APPLICATION, THE ABOVE NOTED WAIVERS, RELEASES, AND INDEMNITIES LISTED IN PARAGRAPHS 5, 6, 7 AND 8 OF THIS APPLICATION SHALL APPLY EQUALLY TO ME FOR ANY INJURY, DEATH, OR OTHER LOSS TO THE APPLICANT, ANY MEMBER OF MY FAMILY, OR MYSELF, AS A RESULT OF THE APPLICANT’S MEMBERSHIP WITH TORUS BJJ. I FURTHER AGREE TO PAY THE MEMBERSHIP FEES IN FULL IN ACCORDANCE WITH THE ABOVE-NOTED TERMS.

BY SIGNING THIS FORM, I AGREE THAT I HAVE HAD SUFFICIENT OPPORTUNITY TO READ, AND HAVE READ, THIS ENTIRE DOCUMENT, I AM EIGHTEEN (18) YEARS OF AGE OR OLDER, AND I UNDERSTAND AND AGREE TO BE BOUND BY ITS TERMS. I ACKNOWLEDGE AND AGREE THAT PARAGRAPHS 5, 6, AND 8 HAVE BEEN SPECIFICALLY DRAWN TO MY ATTENTION AND AGREE TO THE CONTENT OF THESE PARAGRAPHS.

WITNESS, TORUS BJJ REPRESENTATIVE CO-APPLICANT I HAVE RECEIVED A COPY OF THIS APPLICATION

COVID-19:

I understand that the novel coronavirus causes the disease known as COVID-19. I further understand that the coronavirus has a long incubation period, during which, carriers of the virus may not show symptoms and still be contagious. I have been made aware of the Canadian government guidelines for the current pandemic which are published at: https://www.canada.ca/en/public health/services/diseases/coronavirus-disease-covid-19.html

I understand that there are significant limitations regarding COVID-19 testing and that it is difficult in determining who may be infected with the virus. I acknowledge that TORUS BJJ, is providing me with this form so that I may determine the potential risk associated with training and provide my informed consent regarding same.

Prior to receiving treatment, I confirm the following:

Initial

1. I understand that my training may involve physical contact, through which I may potentially be exposed to

contracting COVID-19;

2. I understand that despite the best efforts oTORUS BJJ in maintaining a sanitary working environment, that due to the nature of the virus, I may be exposed to a higher risk of contracting COVID-19 merely by being in a sports facility;

3. I understand that I am opting for elective training that may not be immediately necessary and that I have the option of deferring my training until a later date. While I understand the potential risks associated with training during the COVID-19 global pandemic, I agree to proceed with training at this time;

4. I have been informed that TORUS BJJ has taken preventative measures designed to reduce the risk of the spread of COVID-19. However, given the nature of the virus, I understand that there may be an inherent risk of contracting COVID-19 by proceeding with this training. I hereby acknowledge and assume the risk of becoming infected with COVID-19 through this training and give my express permission to you and your staff to proceed with providing training;

5. I understand that travel increases my risk of contracting and transmitting COVID-19. I verify that neither myself, nor anyone that I cohabitate with, have travelled outside of Canada, or within Canada, by commercial airplane, bus or train, within the past fourteen (14) days;

6. I further confirm that I am not currently experiencing, nor have I been diagnosed as suffering from COVID 19 or any of the symptoms of COVID-19, including but not limited to, fever, flu-like symptoms, sore throat, shortness of breath, difficulty breathing, dry cough, loss of taste or smell and/or a runny nose.

I KNOWINGLY AND WILLINGLY CONSENT TO TRAINING WITH THE FULL UNDERSTANDING AND DISCLOSURE OF THE RISKS ASSOCIATED WITH RECEIVING TRAINING DURING THE COVID-19 PANDEMIC. I CONFIRM ALL OF MY QUESTIONS WERE ANSWERED TO MY SATISFACTION.

I HAVE READ, OR HAVE HAD READ TO ME, THE ABOVE COVID-19 CONSENT FORM. I APPRECIATE THAT IT IS NOT POSSIBLE TO CONSIDER EVERY POTENTIAL COMPLICATION TO TREATMENT. I HAVE ALSO HAD AN OPPORTUNITY TO ASK QUESTIONS ABOUT ITS CONTENT. I INTEND THIS CONSENT TO COVER THE ENTIRE COURSE OF TRAINING FROM ALL PROVIDERS AT TORUS BJJ FOR MY PRESENT TRAINING AND FOR ANY FUTURE TRAINING(S) FOR WHICH I SEEK FROM THIS FACILITY.