SPEARFISH MARTIAL ARTS, LLC

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

READ CAREFULLY — THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.

By enrolling in or participating in any program, class, event, open mat, private lesson, camp, seminar, or activity at Spearfish Martial Arts, LLC (“SMA”), I acknowledge and agree as follows:

1. ASSUMPTION OF RISK

I understand that martial arts, combat sports, fitness training, and related activities are inherently dangerous. These activities involve known and unknown risks, including but not limited to:

• Sprains, strains, dislocations, fractures

• Knee, shoulder, neck, spine, or ligament injuries (including ACL injuries)

• Concussion or other traumatic brain injury

• Choking, loss of consciousness, cardiac events, overexertion

• Cuts, bruises, dental injuries, eye injuries

• Permanent disability, paralysis, or death

I further understand that participation involves close physical contact, which may expose me to communicable diseases, including but not limited to skin infections such as staph/MRSA, ringworm, impetigo, herpes simplex, fungal infections, and other bacterial or viral illnesses.

I understand these risks may be caused by my own actions or inactions, the actions or inactions of others, the condition of the premises or equipment, or the negligence of the Released Parties listed below.

I certify that I am physically and medically able to participate. I agree that if I feel unsafe, injured, ill, or believe conditions are unsafe, I will immediately stop participating.

I freely and voluntarily assume all risks, known and unknown, associated with participation.

2. RELEASE AND WAIVER OF LIABILITY

I hereby release, waive, discharge, and covenant not to sue Spearfish Martial Arts, LLC, and its owners, members, managers, officers, directors, administrators, employees, independent contractors, instructors, assistant instructors, coaches, volunteers, staff, students acting in an instructional role, visiting instructors, event staff, sponsors, affiliates, advertisers, and if applicable, owners and lessors of the premises on which activities take place (collectively, the “Released Parties”), from any and all liability, claims, demands, actions, or causes of action arising out of or related to my participation.

This release includes claims arising from the ordinary negligence of the Released Parties, to the fullest extent permitted by South Dakota law.

This release does not apply to claims resulting from gross negligence, willful or wanton misconduct, or intentional acts, to the extent such claims cannot be waived under applicable law.

3. INDEMNIFICATION AND HOLD HARMLESS

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, damages, losses, liabilities, costs, or expenses (including attorney’s fees) arising out of or related to:

1. My participation in SMA activities, and/or

2. Any claim brought by or on behalf of me despite this Agreement.

4. COMMUNICABLE & SKIN DISEASE ACKNOWLEDGMENT

I acknowledge that martial arts training involves close contact and shared equipment and surfaces. I understand that SMA takes reasonable hygiene and cleaning measures, but cannot eliminate all risk of disease transmission.

I agree that I will not train if I have a known or suspected contagious condition, including active skin infections, open wounds, fever, or illness, and I will notify SMA staff if such a condition arises.

I accept and assume all risks related to exposure to communicable or skin-related conditions.

5. MEDICAL AUTHORIZATION

I authorize SMA and its representatives to obtain or provide first aid or emergency medical treatment if deemed necessary. I understand that I am solely responsible for any medical costs incurred.

6. PHOTO / VIDEO RELEASE

I grant Spearfish Martial Arts, LLC permission to use my likeness in photographs and/or videos for marketing, promotional, educational, or lawful purposes, without compensation.

I understand these images become the property of SMA and may be edited, published, or distributed without restriction. I waive any right to inspect or approve the finished product or receive royalties.

If I do not wish to be photographed or recorded, I understand it is my responsibility to notify SMA staff in writing.

7. GOVERNING LAW & VENUE (SOUTH DAKOTA)

This Agreement shall be governed by the laws of the State of South Dakota, without regard to conflict-of-law principles.

Any legal action arising out of this Agreement or participation in SMA activities shall be brought exclusively in state court located in Lawrence County, South Dakota, or, if federal jurisdiction applies, in the United States District Court for the District of South Dakota.

8. SEVERABILITY

If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect.

9. PARENTAL CONSENT & INDEMNIFICATION (MINORS ONLY)

I am the parent or legal guardian of the minor participant. I understand the nature of the activities and believe the minor is capable of participating safely.

I hereby release, discharge, and covenant not to sue the Released Parties for claims arising out of the minor’s participation, to the fullest extent permitted by law.

I further agree to indemnify, defend, and hold harmless the Released Parties from any claims, damages, liabilities, costs, or attorney’s fees arising out of or related to the minor’s participation, including claims brought by or on behalf of the minor.

I understand that some jurisdictions limit a parent’s ability to waive a minor’s future claims; however, I expressly waive my own claims and agree to indemnify the Released Parties to the fullest extent permitted by South Dakota law.

Name: {name}
Date Signed: {sign_date}
Electronic Signature: