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GRACIE CYPRESS, LLC
17110 House & Hahl Rd, Suite B-1
Cypress, TX 77433

LIABILITY WAIVER: WARNING, RISK AGREEMENT, RISK OF SERIOUS INJURY AND DEATH/OWN RISK, FULL WAIVER OF EVERYTHING AGAINST EVERYONE INVOLVED, ADVISORY OF RIGHTS AND RESPONSIBILITIES, ASSUMPTION OF RISK, CORONAVIRUS / COVID-19 WARNING, DISCLAIMER, AND CUSTOMER WARRANT, CONSENT TO PARTICIPATION, WAIVER OF LIABILITY AND RELEASE OF CLAIMS, INDEMNIFICATION, PRIVACY RELEASE, PHOTO RELEASE, NOTICE OF PHYSICAL CONTACT, CONSENT TO PHYSICAL CONTACT, DURABILITY, AUTHORITY TO TREAT, COVENANT NOT TO SUE, AND OTHER TERMS AND CONDITIONS

WARNING (READ BEFORE AGREEING)

SOME OF THE SKILLS, TECHNIQUES AND ACTIVITIES TAUGHT AT GRACIE CYPRESS, LLC AND ONLINE ARE INHERENTLY DANGEROUS. BY CONTINUING INTO THE SITE OR AT THE GRACIE CYPRESS, LLC FACILITIES YOU ARE ACKNOWLEDGING THAT YOU RECOGNIZE AND ACCEPT THE RISKS INVOLVED. ANY INJURIES AND/OR DAMAGES THAT RESULT ARE COMPLETELY AND SOLELY YOUR RESPONSIBILITY. IF YOU HAVE ANY CONCERNS ABOUT THE RISKS YOU SHOULD NOT CONTINUE WITH THE SITE OR AT GRACIE CYPRESS, LLC FACILITIES. YOU WILL ONLY NEED TO ACCEPT THIS WAIVER ONE TIME.

NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. READ THIS DOCUMENT SOLICIT AND IN ENTIRETY. BY SIGNING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO BRING A COURT ACTION TO RECOVER COMPENSATION OR OBTAIN ANY OTHER REMEDY FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE HOWEVER CAUSED ARISING OUT OF YOUR PARTICIPATION IN GRACIE HOUSTON, LLC (“GRACIE CYPRESS, LLC”) GRACIE CYPRESS, LLC’S PROGRAMS NOW OR AT ANY TIME IN THE FUTURE.

In consideration of you, the student or the parent on behalf of the student, being permitted to be present in, on or around at Gracie Cypress, LLC training facility/studio/academy, you, the student or the parent on behalf of the student, hereby assume any and all risk of whatever nature, known or unknown, in connection with you, the student or the parent on behalf of the student, being in, on, and/or around the GRACIE CYPRESS, LLC training facility/studio/academy. Those risks include serious injury, death and property damage to you, the student or the parent on behalf of the student, and those around you.
Despite the potential hazards and dangers associated with being present at, on and/or around the GRACIE CYPRESS, LLC training facility/studio/academy or participating in any activities in, on and/or around at the GRACIE CYPRESS, LLC training facility/studio/academy, you, the student or the parent on behalf of the student, wish to be present at the GRACIE CYPRESS, LLC training facility/studio/academy and engage in such activity. You, the student or the parent on behalf of the student, voluntarily and freely accept and expressly assume all risks, dangers and hazards whatever they may be, whether known or unknown, hidden or apparent, even if arising from negligence, that could result in personal injury, death and damage to property.
You, the student or the parent on behalf of the student, represent that you are over the age of 18 and have the power and authority to agree to these terms which are a condition precedent of you, being permitted to be in, on or around the GRACIE CYPRESS, LLC training facility/studio/academy. Also you, the student or the parent on behalf of the student:
1. Recognize and understand that martial arts training is a physical contact activity and that my participation might result in serious injury, including permanent disability or death, and severe social and economic loss.
2. Recognize and understand that such risk may be due to not only my own actions, but also the action, inaction or negligence of others, the regulations of participation, or the conditions of the premises, or of any of the equipment used.
3. Recognize that there may be other risks that are not known to me or to others or not reasonably foreseeable at this time.
4. Agree to inspect the facilities, equipment and pairings prior to participation. You will immediately inform an instructor if you believe that anything is unsafe or beyond my capability and refuse to participate.
5. Assume all of the foregoing risks and accept personal responsibility for any damages that may result from injury, permanent disability or death.
6. Enter martial arts training and/or competition entirely of your own free will and understand the importance of following the rules of training and competition. You have been given a copy of the rules and regulations of the GRACIE CYPRESS, LLC training facility/studio/academy and agree to abide by the instructions given therein.
7. You certify that you are in good physical condition, and have no disease, injury or other condition that would impair my performance or physical and mental well-being during intense training practice and/or competition.
8. You grant permission in case of injury to have a doctor, nurse, athletic training or other emergency medical personnel provide me with medical assistance or treatment for such injury at my expense.
9. YOU RELEASE, WAIVE, FOREVER DISCHARGE AND COVENANT NOT TO SUE, GRACIE CYPRESS, LLC, MAURINO LOUREIRO, ROYLER GRACIE, ROYLER GRACIE JIU-JITSU LLC, ITS AFFILIATED ORGANIZATIONS AND GOVERNING BODIES, THEIR OFFICERS, INSTRUCTORS, EMPLOYEES, AND PERSONNEL, PARTICIPANTS, SUPERVISORS, COACHES, SPONSORING ORGANIZATIONS OR THEIR AGENTS, AND IF APPLICABLE, OWNERS AND LEASERS OF THE PREMISES FROM ANY AND ALL LIABILITY TO THE UNDERSIGNED AND FAMILY PARTICIPANTS, HIS OR HER HEIRS AND NEXT OF KIN FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES AND DAMAGES INCLUDING COURT COSTS AND ATTORNEY FEES WHICH MAY BE SUSTAINED AND SUFFERED ON ACCOUNT OF INJURY, INCLUDING DEATH OR DAMAGE TO PROPERTY, CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR INTENTIONAL ACT OF ANY PARTICIPANTS.

IF YOU, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT, DO NOT AGREE TO THE ABOVE, PLEASE LEAVE THE GRACIE CYPRESS, LLC TRAINING FACILITY/STUDIO/ACADEMY AND IMMEDIATE VICINITY NOW (IF APPLICABLE)
This document affects your legal rights. You, the student or the parent on behalf of the student, should read carefully. No person will be permitted to participate in any way in any activity on, around, or at the GRACIE CYPRESS, LLC training facility/studio/academy without properly reading and agreeing this Assumption of Risk, Consent to Participation, Waiver of Liability and Release of Claims, and Indemnification Agreement (the “Agreement”) and returning it to GRACIE CYPRESS, LLC training facility/studio/academy. Any person so participating without agreeing this document will be held to the terms of the document.
IF PARTICIPANT IS UNDER EIGHTEEN (18) YEARS OF AGE, PARTICIPANT’S PARENT OR LEGAL GUARDIAN MUST READ AND AGREE THE PARENT/GUARDIAN AGREEMENT ATTACHED
In consideration of being allowed to be present on, at and around the GRACIE CYPRESS, LLC training facility/studio/academy or participate in any activities on, at and around the GRACIE CYPRESS, LLC training facility/studio/academy, and for other good and valuable consideration the adequacy of which is hereby acknowledged, I, the student or the parent on behalf of the student, hereby agree to and accept all of the following on behalf of myself, my family, my heirs, personal representatives, successors and assigns:
I HAVE READ THE ABOVE RISK WARNING TO PARTICIPATE. I UNDERSTAND ITS CONTENTS AND DO HEREBY AGREE IT VOLUNTARILY.

RISK AGREEMENT (READ BEFORE AGREEING)

RISK OF SERIOUS INJURY AND DEATH/OWN RISK
Jiu-Jitsu, martial arts, and any and all activities at the GRACIE CYPRESS, LLC training facility/studio/academy are dangerous activities in which you can seriously injure you, the student or the parent on behalf of the student, or others, or kill you, the student or the parent on behalf of the student, or others, or be injured or killed by others. If you, the student or the parent on behalf of the student, do not understand and freely assume these risks, do not train, spar or participate in any activities at the GRACIE CYPRESS, LLC training facility/studio/academy.
If you, the student or the parent on behalf of the student, train, spar or participate in any activities at the GRACIE CYPRESS, LLC training facility/studio/academy, you, the student or the parent on behalf of the student, do so entirely at your own risk and agree to abide by and be subject to rules and conditions governing your access privilege.

THERE IS NO MEDICAL PERSONNEL OR EQUIPMENT PRESENT AT THE GRACIE CYPRESS, LLC TRAINING FACILITY/STUDIO/ACADEMY. YOU, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT, ARE ENTIRELY RESPONSIBLE FOR ANY INJURY THAT RESULTS FROM TRAINING, SPARRING OR ANY ACTIVITIES IN, ON, OR AROUND THE GRACIE CYPRESS, LLC TRAINING FACILITY/STUDIO/ACADEMY; THAT INCLUDES BEING ABLE TO PROTECT OR DEFEND YOURSELF, AND ADMINISTER OR PROVIDE ANY REQUIRED ON-THE-SPOT MEDICAL SERVICES IN THE EVENT YOU, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT, GET HURT. IF YOU, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT, DO NOT UNDERSTAND AND ACCEPT THIS RISK, DO NOT TRAIN, SPAR, AND/OR PARTICIPATE IN ANY ACTIVITY ON, OR AROUND THE GRACIE CYPRESS, LLC TRAINING FACILITY/STUDIO/ACADEMY.
GRACIE CYPRESS, LLC ACADEMY AND MAURINO LOUREIRO URGES ALL MEMBERS AND STUDENTS TO OBTAIN A PHYSICAL EXAMINATION AND A LETTER FROM A DOCTOR AND TO DO SUCH ACTIVITY BEFORE REGISTER AT THE SCHOOL. ALL EXERCISES, INCLUDING JIU-JITSU CLASSES AND USE OF ANY MACHINARY, EQUIPMENT, AND APPARATUS DESIGNED FOR EXERCISING SHALL BE AT THE MEMBER SOLE RISK.

FULL WAIVER OF EVERYTHING AGAINST EVERYONE INVOLVED
BY AGREEING THIS AGREEMENT, YOU, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT, ARE INDICATING THAT YOU HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT. BY AGREEING THIS AGREEMENT, YOU, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT, ARE WAIVING ANY AND ALL CLAIMS OF ANY NATURE WHATSOEVER AGAINST THE FOLLOWING:
(i) GRACIE CYPRESS, LLC training facility/studio/academy, MAURNO LOUREIRO, ROYLER GRACIE, ROYLER GRACIE LLC, the Members, employees, agents; and
(ii) the owners and/or tenants of real property where the GRACIE CYPRESS, LLC training facility/studio/academy is located; and
(iii) GRACIE CYPRESS, LLC, a Texas Limited Liability Company, and any of its affiliates, shareholders, members, managers, officers, directors, employees, agents and/or affiliates (collectively in (i), (ii) and (iii), the “Released Parties”).
YOU, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT, ARE HEREBY ARE RELEASING, THE RELEASED PARTIES FROM ANY AND ALL LIABILITY, THAT MAY ARISE IN CONNECTION WITH YOUR PRESENCE AT OR AROUND the TRAINING FACILITY/STUDIO/ACADEMY, OR PARTICIPATION IN ANY ACTIVITIES ON OR AT TRAINING FACILITY/STUDIO/ACADEMY, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR LIABILITY BASED ON NEGLIGENCE.

ADVISORY OF RIGHTS AND RESPONSIBILITIES
Safety is not the sole responsibility of instructors and staff. Everyone in class is responsible for their own safety and the safety of those around them.
All students have the right and responsibility to excuse themselves from any exercise they believe will be harmful to them. All students must evaluate each situation in the context of their skill and current physical condition, and conduct each drill in a manner that is safe. If an instructor gives an instruction that is unsafe for the student, it is the student’s responsibility to inform the instructor that the activity may be unsafe. The instructor will routinely excuse the student from unsafe exercises and drills. The instructor may ask for an explanation, and the student is expected to provide one.
All students have the responsibility to train and conduct themselves in a manner that helps all students and instructors remain safe. Students must give those who are training enough room to avoid interfering and avoid being accidentally struck by someone else practicing, which is especially important when others are practicing with weapons.
In the event of an injury, students have the right and responsibility to evaluate the extent of harm, stopping what they are doing even if it includes a partner, and determining if it is safe to continue. Unless a student is certain that further practice will not create or worsen a problem, all students are encouraged to stop what they are doing and inform the instructor. In the event of a serious injury or the appearance of a serious injury, all students, instructors, staff and visitors notably parents, have the right to call a stop to a particular training exercise.
If a student notes and unsafe training situation, which may include a student performing a skill incorrectly, a student not showing due regard for the safety of others, a defective piece of training equipment, a potentially dangerous obstacle or condition on the floor, or anything else that may cause or lead to harm of the students, instructors, visitors or guests, then the student is expected to correct the situation if it is within his ability or to notify an instructor or staff member immediately. If something is simple to correct, such as removing an obstacle from the floor, the student should correct the situation. If the situation may require the authority of the instructor or staff, or if it is not a simple matter, then the instructor or staff member should be notified immediately.

ASSUMPTION OF RISK
I, the student or the parent on behalf of the student, understand and appreciate that the risk of injury from activities at GRACIE CYPRESS, LLC training facility/studio/academy is significant and includes, without limitation, the risk of (1) minor injuries, such as scratches, bruises and sprains, (2) major injuries, such as joint and back injuries, broken bones, dislocated shoulders, heart attacks and concussions, (3) catastrophic injuries including, without limitation, paralysis and death and (4) being hit by or making contact with moving or stationary objects or people. I understand and appreciate that, while rules, equipment and personal discipline may reduce this risk, the risk of great personal injury at a GRACIE CYPRESS, LLC training facility/studio/academy, whether caused by me or caused by others, still exists, is inherent in such activities, and cannot be eliminated regardless of the care taken to around injuries. I acknowledge that training, sparring and/or being on and/or around the GRACIE CYPRESS, LLC training facility/studio/academy is a dangerous activity and that if I am at the GRACIE CYPRESS, LLC training facility/studio/academy, I may be in danger of serious injury or death.
Martial Arts training is a potentially dangerous activity. Bumps, bruises, scrapes, scratches and soreness are commonplace, and most students will encounter this sort of minor injury from time to time in their training. More serious injuries are possible, including sprains, strains, twists, cramps, and injuries of similar magnitude, and the student can be expected to encounter these injuries frequently. The possibility of more serious injuries exists, including fractured cones, broken bones, torn ligaments, though not all students encounter such serious injuries. There remains, despite safety precautions, the remote possibility of crippling or death, though this is certainly not expected in this martial arts class.
In understand the above statement of risk, and I understand the rights and responsibilities of students. I assume responsibility for my own safety (or the safety of my child), understanding and accepting the risks involved with martial arts training. Even if the instructor has informed me that no serious injuries have ever happened in this school or with any of the instructors, I understand that this does not mean that there is not possibility of harm. By assuming this risk, I completely absolve all instructors, staff, guests, students, landlords, management companies and any and all other parties of liability for my harm, unless intentionally caused in criminal conduct.
DESPITE THE POTENTIAL HAZARDS AND DANGERS ASSOCIATED WITH BEING PRESENT AT, ON AND/OR AROUND A GRACIE CYPRESS, LLC TRAINING FACILITY/STUDIO/ACADEMY OR PARTICIPATING IN ANY ACTIVITIES ON OR AT A GRACIE CYPRESS, LLC TRAINING FACILITY/STUDIO/ACADEMY OR AT ANY EVENT, I WISH TO BE PRESENT AT THE GRACIE HOUSTON, LLC TRAINING FACILITY/STUDIO/ACADEMY AND ENGAGE IN SUCH ACTIVITIES. I VOLUNTARILY AND FREELY ACCEPT AND EXPRESSLY ASSUME ALL RISKS, DANGERS AND HAZARDS WHATEVER THEY MAY BE, WHETHER KNOWN OR UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES THAT MAY ARISE FROM MY PRESENCE AT, ON AND AROUND THE GRACIE CYPRESS, LLC TRAINING FACILITY/STUDIO/ACADEMY OR PARTICIPATION IN ACTIVITIES ON, AT OR AROUND THE GRACIE HOUSTON, LLC TRAINING FACILITY/STUDIO/ACADEMY THAT COULD RESULT IN PERSONAL INJURY TO ME, LOSS OF MY LIFE AND DAMAGE TO MY PROPERTY.

I, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT HEREBY ACKNOWLEDGE AND AGREE THAT PARTICIPATION IN MARTIAL ARTS ACTIVITIES COMES WITH INHERENT RISKS. 

I, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT HAVE FULL KNOWLEDGE AND UNDERSTANDING OF THE INHERENT RISKS ASSOCIATED WITH PARTICIPATION IN THE GRACIE CYPRESS, LLC MARTIAL ARTS PROGRAMS AND FACILITIES, INCLUDING BUT IN NO WAY LIMITED TO: (1) SLIPS, TRIPS, AND FALLS, (2) AQUATIC INJURIES, (3) ATHLETIC INJURIES, AND (4) ILLNESS, INCLUDING EXPOSURE TO AND INFECTION WITH VIRUSES OR BACTERIA. 

I, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT FURTHER ACKNOWLEDGE THAT THE PRECEDING LIST IS NOT INCLUSIVE OF ALL POSSIBLE RISKS ASSOCIATED WITH MARTIAL ARTS PROGRAM PARTICIPATION AND FACILITY USE AND THAT SAID LIST IN NO WAY LIMITS THE OPERATION OF THIS AGREEMENT.

CORONAVIRUS / COVID-19 WARNING, DISCLAIMER, AND CUSTOMER WARRANT

CORONAVIRUS, COVID-19 IS AN EXTREMELY CONTAGIOUS VIRUS THAT SPREADS EASILY THROUGH PERSON-TO-PERSON CONTACT. FEDERAL AND STATE AUTHORITIES RECOMMEND SOCIAL DISTANCING AS A MEAN TO PREVENT THE SPREAD OF THE VIRUS. COVID-19 CAN LEAD TO SEVERE ILLNESS, PERSONAL INJURY, PERMANENT DISABILITY, AND DEATH. PARTICIPATING IN GRACIE CYPRESS, LLC PROGRAMS OR ACCESSING THE GRACIE CYPRESS, LLC FACILITIES COULD INCREASE THE RISK OF CONTRACTING COVID-19.
GRACIE CYPRESS, LLC IN NO WAY WARRANTS THAT COVID-19 INFECTION WILL NOT OCCUR THROUGH PARTICIPATION IN GRACIE HOUSTON, LLC PROGRAMS OF ACCESSING GRACIE CYPRESS, LLC FACILITIES.
THE UNDERSIGNED HEREBY AGREES, REPRESENTS, AND WARRANTS THAT NEITHER THE UNDERSIGNED NOR SUCH PARTICIPATING CHILDREN SHALL VISIT OR UTILIZE THE FACILITIES, SERVICES, AND PROGRAMS OF GRACIE CYPRESS, LLC (OTHER THAN ANY EXCLUSIVELY ONLINE SERVICES AND PROGRAMS) WITHIN 14 DAYS AFTER (I) RETURNING FROM HIGHLY IMPACTED AREAS SUBJECT TO A CDC LEVEL 3 TRAVEL HEALTH NOTICE, (II) EXPOSURE TO ANY PERSON RETURNING FROM AREAS SUBJECT TO A CDC LEVEL 3 TRAVEL HEALTH NOTICE, OR (III) EXPOSURE TO ANY PERSON WHO HAS A SUSPECTED OR CONFIRMED CASE OF COVID-19. THE CDC TRAVEL HEALTH NETWORK IS CONTINUOUSLY UPDATING THIS LIST AND THE UNDERSIGNED AGREES THAT THEY ARE AWARE OF THIS LIST AND THE COUNTRIES LISTED. 
THE UNDERSIGNED AGREES TO CHECK THE CDC TRAVEL HEALTH NOTICES LIST PRIOR TO UTILIZING THE FACILITIES, SERVICES, AND PROGRAMS OF GRACIE CYPRESS, LLC, ON A DAILY BASIS IF NECESSARY. THE UNDERSIGNED HEREBY AGREES, REPRESENTS, AND WARRANTS THAT NEITHER THE UNDERSIGNED NOR SUCH PARTICIPATING CHILDREN SHALL VISIT OR UTILIZE THE FACILITIES, SERVICES, AND PROGRAMS OF GRACIE HOUSTON, LLC IF HE OR SHE (I)EXPERIENCES SYMPTOMS OF COVID-19, INCLUDING, WITHOUT LIMITATION, FEVER, COUGH OR SHORTNESS OF BREATH, OR (II) HAS A SUSPECTED OR DIAGNOSED/CONFIRMED CASE OF COVID-19. 
THE UNDERSIGNED AGREES TO NOTIFY GRACIE CYPRESS, LLC IMMEDIATELY IF HE OR SHE BELIEVES THAT ANY OF THE FOREGOING ACCESS/USE RESTRICTIONS MAY APPLY. THE UNDERSIGNED ACKNOWLEDGES AND ASSUMES BOTH THE KNOWN AND POTENTIAL DANGERS OF UTILIZING THE FACILITIES, SERVICES, AND PROGRAMS OF GRACIE CYPRESS, LLC AND ACKNOWLEDGES THAT USE THEREOF BY THE UNDERSIGNED AND/OR SUCH PARTICIPATING CHILDREN MAY, DESPITE THE GRACIE CYPRESS, LLC’S REASONABLE EFFORTS TO MITIGATE SUCH DANGERS, RESULT IN EXPOSURE TO COVID-19, WHICH COULD RESULT IN QUARANTINE REQUIREMENTS, SERIOUS ILLNESS, DISABILITY, AND/OR DEATH.

CONSENT TO PARTICIPATION
I, the student or the parent on behalf of the student, understand and willingly agree to comply with the rules, regulations and conditions for participation in activities at the GRACIE CYPRESS, LLC training facility/studio/academy and incorporated herein by this reference. I agree that if I observe any unusual hazard during my presence at the GRACIE CYPRESS, LLC training facility/studio/academy, I will bring such hazard to the immediate attention of a GRACIE CYPRESS, LLC training facility/studio/academy Dedicated Leader. I agree to carefully inspect and satisfy myself that the GRACIE CYPRESS, LLC training facility/studio/academy is reasonably safe for its intended use. If I have any doubts as to such safety, I agree not to participate in activities on, at or around the GRACIE CYPRESS, LLC training facility/studio/academy.

WAIVER OF LIABILITY AND RELEASE OF CLAIMS
I, the student or the parent on behalf of the student, do hereby release, remise and discharge each of the Released Parties, and covenant not to sue any of the Released Parties for or in connection with, and waive any liability of the Released Parties for, any and all claims (including, without limitation, the negligence of any of the Released Parties resulting in personal injury (including without limitation, death), accidents, illnesses and property loss), arising from or in connection with my presence at, on or around, or participation in activities on, at or around the GRACIE CYPRESS, LLC training facility/studio/academy and/or any event. I intend for this waiver and release to also apply to my relatives, personal representatives, heirs, beneficiaries, and next of kin or assigns who might pursue any legal action or claim on my behalf. I understand that by agreeing this document I am giving up my right to sue any of the Released Parties.

INDEMNIFICATION
I, the student or the parent on behalf of the student, hereby agree to indemnify, defend (with counsel satisfactory to the Released Parties) and hold the Released Parties harmless from and against any liability, damage, cost or expense (including costs and reasonable attorneys’ fees and costs) occasioned by or arising out of any breach or alleged breach of this Agreement, or any claim, demand or action which is inconsistent with any warranty, representation, agreement or grant of rights made or assumed by me hereunder, or any claim, demand or action resulting from or allegedly resulting from my presence at or participation in activities on or at the GRACIE CYPRESS, LLC training facility/studio/academy, or any claim, demand or action with respect to personal injuries (including, without limitation, death), or damage to property, made for any reason in connection with my presence at or participation in such activities.

I, the student or the parent on behalf of the student, agree not to bring any claim or suit against the school, instructors, staff, guests, students, landlord, or any other parties on behalf of my child for any injury or harm sustained by any event short of a criminal act, and then only the criminal shall be the subject of such a suit. I further agree that I will not cause to be brought, nor encourage a claim or suit. I also agree not to cooperate in the bringing of such a suit or claim except insofar as I may be legally required to do so. Finally, I shall indemnify the school, instructors, staff, guests, students, and any and all additional defendants covered by this agreement for all judgments, costs, attorney fees and other expenses incurred as a result of a breach of this agreement.

PRIVACY RELEASE
I, the student or the parent on behalf of the student, do hereby grant GRACIE CYPRESS, LLC and any assignees, licensees, and legal representatives, the irrevocable right to use my name (or any fictional name), picture, portrait, video or photograph in all forms and media in all manners, including composite or distorted representations, for advertising, trade, or any other lawful purposes, and I waive any right to inspect or approve the finished version, including written copy that may be created in connection therewith. I am of lawful age and or I am the legal guardian of the above named. I have read this release and am fully familiar with its contents.

PHOTO RELEASE
I, the student or the parent on behalf of the student, hereby grant GRACIE CYPRESS, LLC Academy, and any assignees, licensees, and legal representatives’ permission to use my or my child’s likeness in a photograph, photographs or video recordings in any and all of its publications, including website entries and promotional materials, without payment or any other consideration. Additionally, I, the student or the parent on behalf of the student waive any right to royalties or other compensation arising or related to the use of the photograph, photographs or video recordings. I, the student or the parent on behalf of the student, understand and agree that these materials will become the property of GRACIE CYPRESS, LLC Academy, Maurino Loureiro and any assignees, licensees, and legal representatives. I, the student or the parent on behalf of the student, am 18 years of age, have read this release, and fully understand the contents, meaning, and impact of this release.

NOTICE AND CONSENT TO INSTRUCTORS
This school seeks to make use of highly trained professional instructors, with both expertise and experience both in the art(s) that we teach and in teaching. Classes may be taught by the head instructor or any other qualified instructor. Should an instructor be unavailable for a given class, a junior instructor, senior student or guest instructor may teach. The choice of the instructor is left to the discretion of the school.
I, the student or the parent on behalf of the student, understand that I may not always have the instructor I desire, but I shall seek to learn from whoever is teaching, to show the respect due to the position of teacher to waver is teaching, and to conduct myself in accordance with the etiquette established at this school. I, the student or the parent on behalf of the student, understand that I have the responsibility for my own safety without regard to who may be teaching the class I specifically consent to any instructor of the school, instructors or staff feel are sufficiently qualifies by standards they set to teach the class. I specifically understand and agree that the full force of this document applies no matter who is teaching.

NOTICE OF PHYSICAL CONTACT
Complete martial arts training involves a wide variety of skills. While practicing these skills, students may have contact with any portion of the body. The groin may be the target of kicks, strikes or grabs. The chest, buttocks, groin or any part of the body may be contacted by any part of the training partner’s body during training with martial arts techniques, or incidentally contacted while performing a martial arts technique which targets another portion of the body. When male and female students train together, or when adult and minor students train together, and in any other training combination, the purpose and intent of the school, instructors and staff is to provide an environment for all students to learn and practice martial arts and self-defense. Students are expected to conduct themselves appropriately at all times to ensure the best training results for everyone.
Should any student feel that a training partner is engaging in contact beyond the scope of training, or a training partner is taking undue and unacceptable advantage of training contact, or if a student is make uncomfortable by any training exercise or partner, then that student has the right to withdraw from the exercise or drill. If the contact of a training partner appears inappropriate, the student should inform the instructor privately. If the conduct of the training partner or any training partner appears criminal, then the instructor should be informed and the authorities may be notified either by the student or the instructor, or both.

CONSENT TO PHYSICAL CONTACT
I, the student or the parent on behalf of the student, understand the nature of physical contact in martial arts training, and I understand that I have the right to immediately withdraw from any exercise or drill in which the contact of any party seems beyond the scope of training and makes me uncomfortable. I agree to abide by the school etiquette in all manners pertaining to training, and I shall not in any way conduct myself inappropriately or take inappropriate advantage of the contact martial arts training allows.

DURABILITY
This document is effective from the date signed with no expiration. Furthermore, the terms of this document are retroactive to the beginning of training and visiting this school if this document was signed after that date.

AUTHORITY TO TREAT
I, the student or the parent on behalf of the student, give the instructors, staff and responsible adults the power to authorize medical or other treatment of the student named subject to the limitations listed below, if any, at my expense. If I am not the named student, I am the parent, guardian or responsible adult for the named student and I have legal right to grant this power. Treatment may be made without regard to whether I or any other parent, guardian or responsible person has been contacted or has consented to the specific treatment, provided it does not conflict with the limitations outlined below. This authority begins on the date agreed and continues indefinitely.
By agreeing, I assume responsibility for all decisions made, provided they are reasonable decisions under the circumstances based on the knowledge and understanding of the person making the decisions, and I trust their judgment and offer the benefit of the doubt to them in any claim or legal proceeding. This presumption may only be overcome by clear and convincing evidence that they acted with malice or willful gross negligence.
I, the student or the parent on behalf of the student, understand that the instructors, senior students, or others may have some skills in first aid, CPR, and at their discretion, I authorize them to use those skills and techniques to assist in any circumstance in which they judge their skills would be necessary or helpful.

OTHER TERMS AND CONDITIONS
1. Insurance: I, the student or the parent on behalf of the student, acknowledge that the Released Parties do not provide accident, medical, liability, worker’s compensation insurance or any other insurance (“Insurance”) for my activities at the GRACIE CYPRESS, LLC training facility/studio/academy. I, the student or the parent on behalf of the student, agree to pay any and all costs incurred as a result of any medical treatment or other loss, damage or expense that I may suffer or cause others to suffer due to the presence of myself and/or any property that I bring on and/or around the GRACIE CYPRESS, LLC training facility/studio/academy. The fact that a Released Party may or may not have Insurance shall not in any way give me an entitlement to make a claim against the Released Parties based on them having or not having Insurance or in any way reduce or diminish me having to take out Insurance if being insured is in any way something I desire.
2. Arbitration Attorneys’ Fees: I, the student or the parent on behalf of the student, agree that I will arbitrate any and all claims arising out of my presence at or participating in activities on or at or around the GRACIE CYPRESS, LLC training facility/studio/academy, according to the rules of the American Arbitration Association, and that any award will be final and binding upon the parties. I agree that the place of the arbitration shall be Houston, Texas and that Texas law will apply. In the event of arbitration or litigation this Agreement, the prevailing party shall, in addition to any other award of damage or other remedy, be entitled to attorneys’ fees and costs, incurred as a result of such arbitration or litigation.
3. Should any dispute arise between me, my child, or anyone acting on behalf of my child, regarding this school, then I specifically agree that the dispute shall be resolved in binding arbitration. Should a suit be filed in Court, I specifically authorize the Court to order the case to a binding arbitration.
4. Severability/Applicable Law: I, the student or the parent on behalf of the student, agree that this Agreement is intended to be as broad and inclusive as is permitted by law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas, without regard to its principles of conflict of laws. With respect to any and all non-arbitrable disputes, the Texas courts (state and federal) only will have jurisdiction of any controversies regarding this Agreement and the parties hereto consent to the jurisdiction of said courts.
5. If any clause, sentence, phrase or statement is found unenforceable or invalid by any Court of Law, the remainder of the document shall remain valid enforceable and the invalid clause, sentence, phrase or statement shall be struck from the document.
6. Acknowledgment of Understanding: I, the student or the parent on behalf of the student, am over the age of 18 years. I, the student or the parent on behalf of the student, have read the above, been given an opportunity to ask questions, and fully understand that this is a legal and binding document and that I am giving up substantial rights, including my right to sue or to make any claim for injuries or damages I might sustain while present at or participating in activities on or at or around the GRACIE CYPRESS, LLC training facility/studio/academy. There are no other agreements, direct or collateral, written or oral, between the parties hereto governing the subject matter hereof. All prior negotiations, agreements, understandings and statements made between the parties hereto that have occurred prior to the execution of this Agreement are superseded by and merged in to this completely integrated Agreement in so far they relate to the subject matter of this Agreement. To the extent that I may have previously signed a release and waiver agreement relating to the GRACIE CYPRESS, LLC training facility/studio/academy the terms most favorable to the Released Parties contained in the documents shall apply in the event of a conflict between the various documents. I acknowledge that I am agreeing this Agreement freely and voluntarily, and intend by my signature to be a complete and unconditional acceptance of the terms of this Agreement to the greatest extent allowed by law.
6. Code of Conduct: I, the student or the parent on behalf of the student, am over the age of 18 years. I, the student or the parent on behalf of the student, will agree to follow the RULES OF SAFETY AND CODE OF CONDUCT as provided in the website http://graciehouston.com/codeofconduct/ to the applicant and failure to comply with these Rules may result in termination of membership privileges. I, the student or the parent on behalf of the student, am aware that ABSOLUTELY UNDER NO CIRCUMSTANCES I'M ALLOWED TO VIDEOTAPING CLASSES, INSTRUCTION ON THE PREMISES OF THE GRACIE CYPRESS, LLC school/academy/facility. I acknowledge that I am agreeing this Agreement freely and voluntarily, and intend by my signature to be a complete and unconditional acceptance of the terms of this Agreement to the greatest extent allowed by law.Additional Terms of Agreement: All participants at the Academy must agree to follow the RULES OF SAFETY AND CODE OF CONDUCT as provided to the applicant. Failure to comply with these Rules may result in termination of membership privileges.
7. Headings: The paragraph headings of this Agreement are intended for convenience only, and shall not be of any effect in construing the contents of this Agreement.

IN CONSIDERATION OF MY PARTICIPATION IN ANY PROGRAM, I, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT, THE UNDERSIGNED PARTICIPANT, KNOWINGLY AND VOLUNTARILY AGREES TO RELEASE AND ON BEHALF OF MYSELF, ANY PARTICIPATING CHILDREN, MY HEIRS, REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, HEREBY DO RELEASE GRACIE CYPRESS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS, REPRESENTATIVES AND INSURERS (“RELEASEES”) FROM ANY CAUSES OF ACTION, CLAIMS, OR DEMANDS OF ANY NATURE WHATSOEVER INCLUDING, BUT IN NO WAY LIMITED TO, CLAIMS OF NEGLIGENCE, WHICH I, MY HEIRS, REPRESENTATIVES, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE, NOW OR IN THE FUTURE, AGAINST GRACIE CYPRESS, LLC ON ACCOUNT OF PERSONAL INJURY, PROPERTY DAMAGE, DEATH OR ACCIDENT OF ANY KIND, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF GRACIE CYPRESS, LLC FACILITIES/EQUIPMENT OR PARTICIPATION IN GRACIE CYPRESS, LLC PROGRAMS WHETHER THAT PARTICIPATION IS SUPERVISED OR UNSUPERVISED, HOWEVER THE INJURY OR DAMAGE OCCURS, INCLUDING, BUT NOT LIMITED TO THE NEGLIGENCE OF RELEASEES. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY, DEATH OR PROPERTY DAMAGE TO THE UNDERSIGNED OR SUCH PARTICIPATING CHILDREN DUE TO NEGLIGENCE, ACTIVE OR PASSIVE, OR OTHERWISE WHILE IN, ABOUT OR UPON THE PREMISES OF GRACIE CYPRESS, LLC AND/OR WHILE USING THE PREMISES OR ANY FACILITIES OR EQUIPMENT THEREON OR PARTICIPATING IN ANY PROGRAM AFFILIATED WITH GRACIE HOUSTON, LLC THE UNDERSIGNED ACKNOWLEDGES THAT ANY ILLNESS OR INJURIES THAT THE UNDERSIGNED OR SUCH PARTICIPATING CHILDREN CONTRACT OR SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASEES AND WAIVE ANY CLAIM IN RESPECT THEREOF. IN CONSIDERATION OF MY PARTICIPATION IN GRACIE HOUTSON, LLC PROGRAMING OR ACCESS TO FACILITIES, I, THE UNDERSIGNED PARTICIPANT, AGREE TO INDEMNIFY AND HOLD HARMLESS RELEASEES FROM ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, LOSSES, OR COSTS OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO MY PROGRAM PARTICIPATION OR ACCESS TO FACILITIES.

I, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT HEREBY CERTIFY THAT I HAVE FULL KNOWLEDGE OF THE NATURE AND EXTENT OF THE RISKS INHERENT IN MARTIAL ARTS PROGRAM PARTICIPATION AND FACILITY USE AND THAT I AM VOLUNTARILY ASSUMING SAID RISKS. 

I, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT UNDERSTAND THAT I WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH, I SUSTAIN WHILE PARTICIPATING IN GRACIE HOUSTON, LLC PROGRAMING OR FACILITY USE AND THAT BY SIGNING THIS AGREEMENT I, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT HEREBY RELEASE RELEASEES FROM ALL LIABILITY FOR SUCH LOSS, DAMAGE, OR DEATH. 

I, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT FURTHER CERTIFY THAT THE STUDENT IS IN GOOD HEALTH AND THAT I HAVE NO CONDITIONS OR IMPAIRMENTS WHICH WOULD PRECLUDE MY SAFE PARTICIPATION IN GRACIE CYPRESS, LLC PROGRAMMING OR FACILITY USE.

I, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. 

I, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT AM AWARE THAT BY AGREEING TO THIS AGREEMENT I, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM GRACIE HOUSTON, LLC IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AT ANY GRACE HOUSTON, LLC FACILITY OR PROGRAM AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. 

I, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF MINOR: I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD (REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO GRACIE HOUSTON, LLC THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).

IN WITNESS WHEREOF, THIS INSTRUMENT IS DULY EXECUTED.

I, THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT, HAVE READ THE ABOVE WARNING, RISK AGREEMENT: WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AGREEMENT TO PARTICIPATE, ETC.. I UNDERSTAND ITS CONTENTS AND DO HEREBY AGREE IT VOLUNTARILY.

IF PARTICIPANT IS UNDER EIGHTEEN (18) YEARS OF AGE, PARTICIPANT’S PARENT OR LEGAL GUARDIAN MUST READ AND AGREE WHERE INDICATED.
As the parent or legal guardian of the minor participant whose name appear above (“Minor”), I hereby confirm that I, the student or the parent on behalf of the student, have read all of this Agreement and accept each and every provision of the Agreement (including, without limitation, the provisions of the Agreement relating to assumption of risk, consent to participation, waiver of liability and release of claims, and indemnification) on behalf of myself (as if a direct signatory to the Agreement) as well as on behalf of the Minor, intending that the Agreement be irrevocably binding upon me, upon the Minor, and upon each of my and the Minor’s respective heirs, personal representatives, executors, administrators and assigns. I represent and warrant that I am at least eighteen (18) years of age, that I am the parent or legal guardian of the above Minor, and that I have legal authority to enter into this Agreement and to bind the Minor. Without limiting the foregoing, I hereby agree to defend, indemnify (with counsel satisfactory to the Released Parties) and hold the Released Parties (as defined in the Agreement) harmless from and against any liability, damage, cost, or expense (including costs and reasonable attorneys’ fees and costs) occasioned by or arising out of any breach or alleged breach of the Agreement, or any claim, demand or action which is inconsistent with any warranty, representation, agreement or grant of rights made or assumed by me hereunder or under the Agreement, or any claim, demand or action resulting from or allegedly resulting from my or the Minor’s presence at or participation in activities on, around or at the GRACIE CYPRESS, LLC training facility/studio/academy, or any claim, demand or action with respect to personal injuries (including, without limitation, death) or damage to property, made for any reason in connection with my or the Minor’s presence on, around or at the GRACIE CYPRESS, LLC training facility/studio/academy and/or participation in such activities.

BACKGROUND CHECK
The Gracie Cypress LLC has a zero-tolerance policy prohibiting all forms of sexual abuse and assault of individuals, including sexual molestation, sexual assault, sexual exploitation, sexual injury, and sexual harassment.
The Gracie Cypress LLC encourages anyone, member/student/practitioner/volunteer/professor of the academy, staff or the public, who believes he/she has been the victim, or who is aware of, or suspect sexual abuse taking place involving sexual misconduct by a Member, to immediately report said conduct to a Gracie Cypress official, and to a law enforcement authority. Also, the Gracie Cypress encourages and welcomes the report of any decision convicting or adjudicating a Member of engaging in or attempting to engage in sexual activity by force or coercion.

A Background Check is Required For All 
The Gracie Cypress LLC along is introducing the policy of requiring of background checks prior to issuing Black Belt Certification and Leadership Positions such as Instructor / Examiner Certification, Coaching Certification, and extending also to Student, Practitioner, etc.
The requirement aims to give more safety to the Martial Arts community when joining a school.
Here’s what the policy includes.

Who needs to provide their background check?
• Team’s Heads and official instructors who reside in the US (first application and renewal);
• Academy’s heads and official instructors who reside in the US (first application and renewal);
• Black Belt applicants and Black Belt Certificate applicants who reside in the US (first application and renewal).
• Members/Students/Practitioners willing to join Gracie Cypress.

Why is Gracie Cypress is requiring a background check?
The background check is one more action instituted by Gracie Cypress in an effort to increase the safety of Martial Arts practitioners inside the schools and the community.

How to request your background check?
Gracie Cypress will use NSCI, a Background Screening Solution to check your background. You can apply for your background check online through the NSCI website. You will need the following information before start the process:
• Full name;
• Date of birth;
• US Address;
• Social security number (SSN) or other form of identification.

Background check fee:
The fee for the background check is paid directly to NSCI.  NSCI is responsible for running the tests and informing Gracie Houston the results. The Background Check process may take up to 5 business days.

Disqualifications based on the background check:
A person should be disqualified and prohibited from serving as a student/practitioner/member/volunteer/instructor/assistant instructor/assistant professor/professor/certified Black Belt if the person has been found guilty of the following crimes:
For purposes of this policy; Guilty shall mean that a person was found guilty following a trial, entered a guilty plea, entered a no contest plea accompanied by a court finding of guilt (regardless of adjudication), or received court directed programs in lieu of conviction.
SEX OFFENSES 
• All Sex Offenses – Regardless of the amount of time since offense.
Examples include: child molestation, rape, sexual assault, sexual battery, sodomy, prostitution, solicitation, indecent exposure, etc. FELONIES 
• All Felony Violence – Regardless of the amount of time since offense.
Examples include: murder, manslaughter, aggravated assault, kidnapping, robbery, aggravated burglary, etc.
• All Felony offenses other than violence or sex within the past 10 years.
Examples include: drug offenses, theft, embezzlement, fraud, child endangerment, etc. 

PENDING CASES
• Individuals found to have pending court cases for any of the disqualifying offenses will be disqualified. If the disposition of the pending case does not meet the criteria for the disqualification as listed above, the individual would then be cleared and reinstated.

For more info, contact the Gracie Cypress at: info@graciecypress.com

I , THE STUDENT OR THE PARENT ON BEHALF OF THE STUDENT, AM OVER THE AGE OF 18 YEARS, HAVE READ THE ABOVE WARNING, WAIVER, RELEASE AND AGREEMENT TO PARTICIPATE. I UNDERSTAND ITS CONTENTS AND DO HEREBY AGREE VOLUNTARILY.