YoPro Intro to Kickboxing

Guest Waiver, Release of Liability & Assumption of Risk, and Media Release

Caravan Martial Arts LLC (dba Renzo Gracie Heights)

620A West 6^th Street, Houston, Texas 77007 (the “Facility”)

PLEASE READ EACH SECTION TO CONFIRM THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THE FOLLOWING.

*NOTICE AND CONSENT TO INSTRUCTORS. Caravan Martial Arts LLC  (dba Renzo Gracie Heights) (the “Facility Owner”) seeks to use experienced martial arts instructors. If I am taking a class or receiving 1:1 personal instruction, I understand that I may not always have the instructor I desire. However, I agree to learn from whoever is teaching. I understand I am responsible for my own personal safety and agree that the full force of this Agreement applies regardless of which instructors train me.

*LOST, DAMAGED, OR STOLEN PROPERTY. I understand and agree that the Facility Owner, its agents, and employees are not responsible for lost, damaged, or stolen articles or personal property. I have been advised by the Facility Owner to write my name in indelible ink on any clothing and personal equipment I bring to the Facility, to keep my possessions locked in my vehicle, and to leave valuables at home.

*Facility RULES. By signing this Agreement, I acknowledge the Facility Rules of Use & Code of Conduct (the “Rules”), and agree to follow them. The Facility Owner reserves the right to amend the Rules by posting an updated copy in the Facility’s lobby. I agree that Facility Owner may suspend or revoke my access to the Facility if I fail to obey the Rules.

*GOVERNING LAW. I agree that any disputes arising under or covered by this Agreement shall be governed and controlled by the laws of the State of Texas applicable to contracts made and performed therein without reference to the applicable choice of law provisions.

*DISPUTE RESOLUTION AND VENUE. Subject to the terms of the Texas Health Spa Act, I agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by confidential binding arbitration before one arbitrator who is a former federal or state court judge. Arbitration shall be administered by the arbitrator pursuant to American Arbitration Association Rules in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In no case shall either the Facility Owner or I have the right to go to court or have a jury trial. We will not have the right to engage in pre-trial discovery except as provided in the arbitration rules; I will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal. This clause does not preclude Facility Owner or me from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. I also agree all arbitration must occur in Harris County, Texas. Arbitration fees and costs shall be split equally and the Facility Owner and I are solely responsible for our respective lawyer fees.

*DURABILITY. This Agreement is effective from the date signed with no exceptions. Furthermore, the contents of this Agreement are retroactive to the date the Membership Agreement was signed if this document was signed after that date.

*SEVERABILITY. I agree that if any part of this Agreement is determined in arbitration or by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement is fully enforceable and legally binding.

*ASSUMPTION OF RISK. I affirm that I have disclosed any and all known medical, physical and/or mental injuries or impairments (e.g. a heart condition) that may be impacted by my participation in martial arts activities. I understand that martial arts training may consist of potentially dangerous activities. Bumps, bruises, scrapes, and soreness are commonplace. Most guests and members will encounter these minor injuries from time to time. More serious injuries are possible, such as sprains, strains, twists, cramps, and injuries of similar magnitude. Guests and members could expect to encounter these injuries infrequently. The possibility of even more serious injuries (e.g. fractures and concussions) exists despite all safety precautions. While at the Facility, I intend to engage in strenuous physical activities and understand that these activities involve risk and exposure to personal and mental injuries, which risk and exposure I voluntarily assume for myself.

*PHOTOS, VIDEO, AUDIO & DERIVATIVE WORKS. To satisfy an express condition precedent to being a guest or member of the Facility, I authorize Caravan Martial Arts LLC (dba Renzo Gracie Heights)(the “Facility Owner”), its agents, licensees, successors, and assigns to take photographs as well as record audio and video of all of my activities at the Facility. I fully understand and agree these photographs and recordings may be edited, published, reproduced, summarized, transcribed, sold or given away by Facility Owner, both offline and via the Internet. Furthermore, I acknowledge that Facility Owner is the sole copyright owner for these images, recordings, and any derivative works.

*RELEASE OF LIABILITY. THEREFORE, ON BEHALF OF MYSELF, SPOUSE, HEIRS, ADMINISTRATORS, AND ASSIGNS, I HEREBY RELEASE IN FULL FROM ANY AND ALL CLAIMS AND FOREVER DISCHARGE FACILITY OWNER, ITS PRINCIPALS, OFFICERS, EMPLOYEES, STAFF, AGENTS, OTHER MEMBERS, GUESTS, SUCCESSORS, ASSIGNS, AND ALL OTHER PARTIES FROM ANY AND ALL LIABILITY, DAMAGES, CLAIMS, DEMANDS AND/OR CAUSES OF ACTION RELATING TO OR DERIVING FROM ANY INJURY TO ME DURING OR ARISING OUT OF THE USE OF THE FACILITY OR PARTICIPATION IN ANY FACILITY EVENT (E.G., TRAINING CLASSES, SEMINARS, 1:1 PERSONAL INSTRUCTION, ETC.), INCLUDING ALL RISK CONNECTED THEREWITH, WHETHER SEEN OR UNFORESEEN, EXCEPTING ONLY CLAIMS FOR GROSS NEGLIGENCE OR INTENTIONAL TORT.

I understand and agree that admission to and use of the Facility is expressly conditioned upon my reading and signing this Release. I represent and warrant that I have read and understand this Agreement, I agree to all of the terms and conditions in the Agreement, I am over 18 years of age, and I have the mental capacity to execute a legally binding agreement.