PARTICIPANT AGREEMENT AND RELEASE This Participant Agreement and Release (“Agreement”) is entered into on the date indicated below and is made by ZEAL INTERNATIONAL LLC and OCELOTL MARTIAL ARTS ACADAMY (collectively “Company”) on the one hand, and on the other with Company and Participant referred to herein as the “Parties.” The Parties agree to engage in the practice and training of jiu jitsu, Judo, Kickboxing, Mixed Martial Arts, Yoga, and other martial arts and to participate in the recording of such activities (hereinafter collectively referred to as the “ Program”) which may be captured in various forms of media including but not limited to video and audio recording and photography. The Parties anticipate that the Program may be distributed via the internet and otherwise by Company for its own profit. In consideration of taking part in the Program, the promotion and exposure of Participant derived therefrom, the promises contained herein and for other good and valuable consideration receipt of all of which is hereby acknowledged, Participant hereby grants Company and its respective licensees, successors, legal representatives, and assigns the right and permission to utilize Participant’s appearance and likeness in connection with the Program in any and all manner and media from the beginning of time and continuing in perpetuity, including any recording of martial arts activities that may predate the execution of this Agreement. Participant also consents to the use of Participant’s name, likeness, voice and biographical material in connection with the Program’s publicity and related institutional promotional purposes and to use, reproduce, edit, exhibit, project, display, copyright, publish and/or resell photographic images and/or moving pictures and/or videotaped images of Participant with or without Participant’s voice, or in which Participant may be included in whole or in part, photographed, taped, videotaped, and/or recorded on the effective date of this Agreement, beforehand and thereafter, and to circulate the same in all forms and media for art, advertising, trade, competition of every description and/or any other lawful purpose whatsoever without further approval.
Participant expressly releases and holds harmless Company, its agents, legal representatives, owners, employees, independent contractors, co-venturers, partners, services providers, licensees, assigns, and all others acting by or through it from and against any and all claims which Participant may have for invasion of privacy, misappropriation of likeness, defamation or any other cause of action or claim arising out of the production, distribution, broadcast or exhibition of the Program and/or any and all media derived therefrom or related thereto. Participant shall have no claim for any sums based upon the Program, and forever relinquishes any claim to share in any profits, revenues or any other monies of any nature or source whatsoever derived from the Program or any other media derived therefrom or related thereto. Participant acknowledges that participating in the Program is physically demanding and potentially dangerous and assumes all risk associated with such participation, and warrants that Participant is in good physical condition and has no known medical condition which would impact or preclude full participation in the Program or place Participate at special risk of injury. Participant, on its own behalf and that of any assignees, successors, heirs, partners, spouses or any others taking by or through Participant, hereby releases and holds harmless Company, its agents, legal representatives, owners, employees, independent contractors, coventurers, partners, services providers, licensees, assigns, and all others acting by or through it from and against any and all claims including any claims for property damage or personal injury to Participant including death or dismemberment which Participant may have for any liability arising from, connected to or associated with the Program, whether such liability sounds in tort, contract, statute or otherwise. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
In the event any legal action is filed concerning this Agreement, the Program, or the Parties, the prevailing party in such action may recover the reasonable attorneys fees and costs incurred in any such action. The Parties further agree that this Agreement is made in and is to be performed in Texas, that this Agreement shall be interpreted under Texas law, and that any such legal dispute shall be heard in El Paso County. The Parties further agree that the appropriate court in El Paso County does and shall have jurisdiction over them to adjudicate any such legal dispute and that El Paso County shall be the sole and exclusive jurisdiction for any such dispute. It is Participant’s intention to, and hereby does, fully, finally and forever release any and all claims, known or unknown, existing as of the date of this Agreement, without regard to the subsequent discovery or existence of any facts Participant may learn concerning the Program, the Company or this Agreement. It is further the intent of Participant to waive any and all rights and benefits afforded by Texas Civil Code section 1542, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Participant understands and acknowledges the significance of this waiver of Texas Civil Code section 1542 and/or of any other applicable law relating to limitations on releases. The Parties hereby represent to one another that they have full power and authority to enter into this Agreement and carry out their obligations. The Parties acknowledge that they have each had an opportunity to consult legal representatives concerning this Agreement and the terms and conditions contained herein. The Parties acknowledge that Company shall have the right to assign any right, interest or claim hereunder without additional consent from consideration paid to Participant. THE PARTIES HAVE READ, UNDERSTAND AND AGREE TO THE FOREGOING.
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
ASSUMPTION OF RISK / WAIVER OF LIABILITY / INDEMNIFICATION AGREEMENT In consideration of being allowed to participate on behalf of Ocelotl Martial Arts Academy program and related events and activities, the undersigned acknowledges, appreciates, and agrees that:
- Participation includes possible exposure to an illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist, and.
- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others and assume full responsibility for my participation.
- I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I observe and any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately: and,
- I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD Ocelotl Martial Arts Academy/ Zeal International LLC, their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of Premises used to conduct the event ("RELEASEES*), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASES OR OTHERWISE, to the fullest extent permitted by law.
I READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IF FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
GENERAL RELEASE: I acknowledge and understand that Martial Arts is a physical activity and learning self-defense skills involves some physical contact. Ocelotl Martial Arts Academy, his coaches, and/or its staff and students are NOT to be held liable or responsible for any risks and/or injuries that may occur as a result of training in Martial Arts.
I agree to follow and adhere to the rules and guidelines of the Ocelotl Martial Arts Academy.
** IMPORTANT ** ALL SALES FOR OUR SEMINARS ARE FINAL. NO REFUNDS OR CREDIT TRANSFERS AVAILABLE.
Ocelotl Martial Arts Academy
