REGISTRATION AND PARTICIPATION RELEASE
This Registration and Participation Release (“Release”) is effective as of the date on which Participant (as defined below) indicates Participant’s acceptance of the terms set forth below.
- Combate Americas, LLC (“Combate”) will host “Combate Americas Open Workout” (“Event”) which will take place on August 13, 2016 in Los Angeles, CA at HQ Brand MMA Training Center from 12:00pm to 5pm.
- All Participants that register for the Event (“Participant”) hereby represent and warrant to Combate that Participant is (A) Eighteen years of age or older; (B) either has (i) a minimum of one (1) amateur fight (“Fight Requirement”) as accepted by the California State Athletic Commission (“Commission”) in order to be eligible for registration and participation in the Event; or (ii) If you do not meet the Fight Requirement, you may be required to undergo a preliminary athlete skills and fitness evaluation; and (C) that Participant has provided to Combate all documentation and/or other information requested or required by Combate in connection with Combate’s record-keeping obligations, such information and documentation to include, without limitation: (i) Participant’s full legal name as well as any and all previous names, aliases, stage names, professional names and/or nicknames used by Participant or by which Participant may be currently or previously known or identified; (ii) Participant’s current physical address; (iii) Participant’s medical history and (iv) Participant’s date of birth; and that all such information and documentation is valid, true and accurate as of the date provided to Combate by Participant; (D) Participant has obtained, and maintains in effect, any and all passports, visas, work permits, state-issued identification, immigration clearances and all other clearances and permits necessary to enable Participant to fulfill Participant’s registration and participation hereunder in the jurisdictions in which Participant’s services for the Event are contemplated (collectively, "Clearances"). Such Clearances shall be valid and effective during the Event in all such jurisdictions, and Participant’s obtaining and maintaining such Clearances shall be a condition precedent to Company’s obligations hereunder.
- Participant understands that during the Event Participant may be required to undertake certain physical and/or mental trials, tests and/or activities, including (without limitation) physical workouts, running, jogging, using exercise equipment, grappling, wrestling, boxing, sparring, interviews, language fluency and participating in various tasks and other activities (“Activities”), and Participant agrees to undertake the Activities during the Event. Performance on these Activities may be a factor in whether or not Participant is considered for further evaluation.
- Participant fully agrees and understands that the professional sport of mixed martial arts is an inherently and abnormally dangerous activity that can result in severe and permanent physical injury, including without limitation, irreversible neurological trauma, disability, and/or death. Participant represents that he satisfies the Fight Requirement in the sport of mixed martial arts, and Participant has knowingly evaluated the inherent risks, foreseen and unforeseen, in this Event and represents and declares that he is physically, mentally, emotionally and intellectually willing and able to accept, and does hereby clearly, unambiguously and explicitly accept, all risks, foreseen and unforeseen, associated with participating in the Event, including irreversible neurological trauma, disability, and/or death.
- In consideration for the opportunity to participate in the Event, and with full knowledge and complete assumption of all the risks, Participant, for himself, his heirs, assigns, executors and administrators (“Releasing Parties”) hereby irrevocably agrees that the Releasing Parties will not sue or claim against Combate or any of its parents, subsidiary entities, affiliates, sponsors, successors and assigns, and the respective directors, officers, members, managers, employees, agents, contractors, partners, shareholders and representatives, in their individual, personal and representative capacities for each of the foregoing entities (“Released Parties”), for any injury, illness, damage, loss or harm to Participant or Participant’s property, or Participant’s death, howsoever caused, resulting or arising out of or in connection with Participant’s preparation for, travel for, participation and appearance in the Event or any activities associated therewith.
- In consideration for the opportunity to participate in the Event, and with full knowledge and complete assumption of all risks, the Releasing Parties hereby forever voluntarily release, discharge, waive and relinquish any and all past, present and future claims and causes of action, specifically including any claims based on negligence, that they may have against the Released Parties, as the result of any injury, illness, damage, loss or harm to Participant or Participant’s property, or Participant’s death, howsoever caused, resulting or arising out of or in connection with Participant’s preparation for, travel for, participation and appearance in the Event or any activities associated therewith.
- The Releasing Parties hereby irrevocably and unconditionally consent and agree that any insurance proceeds and benefits provided by Combate hereunder shall be the only benefits the Releasing Parties may claim or receive from Combate for any injury, including death, relating to any and all of Participant’s services under this Agreement, including without limitation: (i) Participant’s participation and appearance in or elimination from the Event or activities associated with the production, post-production, promotion and exploitation of the Event, including without limitation claims for any injury, illness, damage, loss or harm to property, or death, and any and all claims, demands, damages, costs, expenses and causes of action that Participant and the other Releasing Parties may now have or may hereafter have or suffer due to or in any way arising out of any act or omission of any Released Party; and/or (ii) Participant’s own actions and/or the actions of other participants; and/or (iii) any loss or damage to property and/or equipment; and/or (iv) the actions of any unrelated third parties, whether or not invited by Participant; (v) the production, distribution, promotion, exploitation or other use of the Event or audiovisual works derived from the Event by Combate and/or any assignee of Combate or based upon failure or omission to make use thereof (“Released Claims”). The Released Claims shall include, but not be limited to, those based on negligence of any of the Released Parties or any of the other participants in the Event, products liability, breach of contract, breach of any statutory or other duty of care owed under applicable laws, libel, slander, defamation, invasion of privacy, right of publicity or personality, misappropriation, intentional infliction of emotional distress, negligent infliction of emotional distress and infringement of copyright, trademark or any other intellectual property right. Participant and the Releasing Parties hereby unconditionally and irrevocably agree that neither Participant nor the other Releasing Parties will sue or make any claim against any of the participants in the Project or the Released Parties with respect to the Released Claims.
- This Release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist. The provisions of any state, federal, local or territorial law providing that releases shall not extend to claims, demands, injuries, or damages which are unknown or unsuspected to exist at this time to the person executing such release, are hereby expressly waived. Participant hereby agrees to indemnify Combate and the Released Parties from any and all actions, causes of action, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by Participant in or in connection with the Event.
- It is further understood and agreed that Participant’s participation in the Event is not to be construed as an admission of any liability and assumption of responsibility by Combate or the Released Parties, for any damages and expenses for which Combate and/or the Released Parties, may become liable as a result of any alleged act at the Event by Participant.
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMBATE AMERICAS OR THE RELEASED PARTIES BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY, LOSS OF PROFITS, LOSS OF WAGES, BUSINESS INTERRUPTION OR ANY OTHER PHYSICAL, PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE EVENT OR PARTICIPANT’S PARTICIPATION IN THE EVENT.