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Open Mat Pass & Liability Waiver - 10th Planet Torrance

PARTIES:
This Open Mat Pass & Liability Waiver (“Agreement”) is entered into between 10th Planet Jiu Jitsu: Torrance, located at 10ptorrance.com (“the Gym”), and the undersigned individual (“Participant”) and/or the parent or legal guardian of a minor Participant (“Guardian”).

ENTITY CLARIFICATION
10th Planet Jiu Jitsu: Dark Arts Academy and 10th Planet Jiu Jitsu: Torrance are the same entity operated under Kirsten Kuhar LLC.

1. SCOPE OF ACTIVITIES
The Participant intends to participate in Open Mat sessions, including but not limited to: Saturday Open Mat, 10 Round Tuesday, Kids No-Gi Open Mat, No-Gi Jiu Jitsu, submission grappling, wrestling, standing techniques, Kickboxing, and Gymnastics. These activities involve intense physical contact, high-percentage submissions, striking, and aerobic exertion.

2. STATEMENT OF HEALTH & ASSUMPTION OF RISK
I affirm that I have no physical or mental impairment, condition, or illness that would prevent my safe participation in training and/or open mat at 10th Planet Jiu Jitsu: Torrance. I understand that martial arts and combat sports activities—including but not limited to Brazilian Jiu Jitsu/No-Gi Jiu Jitsu, submission grappling, wrestling, MMA-style training, kickboxing/striking, clinch work, takedowns, throws, sweeps, joint locks, chokes, and gymnastics/physical conditioning—are inherently dangerous and involve the risk of serious injury, permanent disability, paralysis, and death. I knowingly and voluntarily assume all risks of injury or harm, whether known or unknown, that may result from my participation, including risks arising from the ordinary negligence of the Gym and/or its owners, employees, and coaches.

3. WAIVER AND RELEASE OF LIABILITY
In consideration of being permitted to use the facilities and participate in Open Mat, I, for myself, my heirs, and my representatives, hereby RELEASE, INDEMNIFY, AND HOLD HARMLESS 10th Planet Jiu Jitsu: Torrance, its owners (including Kirsten), coaches (including Sensei Marvin, Coach K, Coach Pooley, Prof Mitch, Coach Christian, and Coach Issa), employees, and affiliates from any and all claims, demands, or causes of action arising out of my participation, even if caused by the ordinary negligence of the Gym.

CALIFORNIA CIVIL CODE 1542 WAIVER
I understand and agree that California Civil Code Section 1542 provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” I hereby expressly waive and relinquish all rights and benefits under California Civil Code Section 1542 and any similar law or principle of common law with respect to the release set forth in this Agreement.

4. MEDICAL CONSENT
Participant certifies that they are in good physical condition and have no medical contraindications to intense physical activity. In the event of an injury, I authorize the Gym staff to seek medical treatment and agree to be responsible for all costs associated with such treatment.

5. CODE OF CONDUCT
Participant agrees to maintain the "clean, safe, and welcoming environment" of 10th Planet Torrance. This includes following all safety instructions from coaches, maintaining personal hygiene, and "tapping out" to prevent injury. The Gym reserves the right to remove any individual who endangers others or violates the culture of the community.

6. COVID-19 WAIVER
Participant/Guardian understands that participation in group training, open mat, and use of shared training surfaces and equipment may increase the risk of exposure to communicable diseases, including COVID-19. Participant/Guardian acknowledges that COVID-19 is an extremely contagious virus that can lead to severe illness, hospitalization, long-term complications, and death, and that the risk of exposure may result from the actions, omissions, or negligence of Participant, other participants, staff, or third parties. Participant/Guardian voluntarily assumes all risks related to exposure to or infection by COVID-19 and agrees to release and hold harmless the Gym and the Releasees from any and all claims, liabilities, demands, causes of action, damages, or costs arising out of or related to COVID-19 exposure or infection, to the fullest extent permitted by law.

7. PHOTO/VIDEO DISCLAIMER
I hereby grant 10th Planet Jiu Jitsu: Torrance permission to use my likeness (photo or video) captured during Open Mat for promotional purposes, including social media, website content, and advertisements. I understand and agree that such media may be used without identifying me by name.

8. OPEN MAT PASS TERMS

• Price: $

• Valid Sessions: Saturdays (1pm - 2pm) and 10 Round Tuesdays (9:30pm - 10:30pm).

• Open Mat Only / Day Pass Auto-Invoice for Regular Classes: The Open Mat Pass is free exclusively for designated Open Mat sessions. If I register with an Open Mat Pass but attend, attempt to attend, or attempt to register for regular classes, I authorize the Gym to automatically invoice me a $60 fee for a Day Pass.

• No Refunds / Expiration: No refunds; pass expires 7 days after purchase.

• Incorrect Class Credit: If purchased/used for an incorrect class, the Open Mat Pass may be applied as credit toward a Day/Trial Pass (subject to staff approval at time of check-in).

9. PARKING INSTRUCTIONS
Our new location at 24433 Hawthorne Blvd Unit #6, Torrance, CA 90505 has limited parking, and we have specific terms for using the designated parking lots. Please refer to the detailed instructions below.

Adult members have access to the 244th Street Parking and Walteria Parking (across the street) for night classes from 6:30 pm to 8 pm.

The 244th Street Parking Lot is the closest to the school location. This parking lot is best to use after 6:30 pm from Monday to Friday. On Mondays, most of the businesses are closed, so it's okay to park there all day. However, from Tuesday to Friday, please park after 6:30 pm.

The Walteria Parking (near Domino's) serves as an alternative parking for night classes if the lot is full or for Saturday/Sunday morning since the businesses close after 2 pm. Please do not park right in front of the businesses.

Our lot is very limited because the Siam Wala does not like to share. It is only for parents of Kid members because they need to be nearby while their kids attend class for safety precautions. Thank you.

10. CONSENT TO CONTACT (SMS & EMAIL)
By signing below, I expressly consent to receive emails and text messages (SMS/MMS) from 10th Planet Jiu Jitsu (Kirsten Kuhar LLC) regarding gym updates, events, and sales at the email and phone number provided. I understand that consent is not a condition of purchase and message/data rates may apply. I can opt-out at any time by replying STOP to texts or clicking unsubscribe in emails.

11. SEVERABILITY
If any portion of this Agreement is held invalid, the remainder shall continue in full legal force and effect

ASSUMPTION OF RISK (NO-GI JIU JITSU, KICKBOXING, & GYMNASTICS)
Participant/Guardian acknowledges that No-Gi Jiu Jitsu (submission grappling), Kickboxing, and Gymnastics are high-contact and/or physically demanding sports and activities that involve inherent risks of injury. These risks include, but are not limited to, cuts, bruises, sprains, strains, broken bones, joint injuries, dislocations, concussions, choking, serious bodily injury, and in rare cases, permanent disability or death. Participant/Guardian understands that these risks may result from, among other things, physical contact with other participants, the nature of training techniques (including throws, takedowns, submissions, and striking), the condition of the facilities/equipment, and the actions or omissions of Participant, other participants, or coaches. Participant/Guardian voluntarily chooses to participate and assumes all such risks, whether known or unknown.

RELEASE OF LIABILITY
To the fullest extent permitted by law, Participant/Guardian, on behalf of Participant and Participant’s heirs, representatives, and assigns, hereby releases, waives, discharges, and covenants not to sue 10th Planet Jiu Jitsu: Torrance and its owners, officers, employees, coaches, agents, contractors, and affiliates (including Sensei Marvin, Coach K, Coach Pooley, Prof Mitch, Coach Christian, and Coach Issa) (collectively, “Releasees”) from any and all claims, demands, causes of action, damages, losses, or liabilities of any kind arising out of or related to Participant’s participation in Open Mat and related activities, including claims for personal injury, property damage, or wrongful death, whether caused by the ordinary negligence of any of the Releasees or otherwise.

MARKETING CONSENT (EMAIL & TEXT)
By signing below, I expressly consent to receive emails and text messages (SMS/MMS) from 10th Planet Jiu Jitsu (Kirsten Kuhar LLC) regarding gym updates, events, and sales at the email and phone number provided. I understand that consent is not a condition of purchase and message/data rates may apply. I can opt-out at any time by replying STOP to texts or clicking unsubscribe in emails.

MINOR PARTICIPANT (IF APPLICABLE)
(For participants ages 4-17)
If the Participant is a minor, the Participant’s parent or legal guardian (“Guardian”) must complete and sign this Agreement on the minor’s behalf through the MyStudio system (including any electronic signature or checkbox acknowledgment presented in MyStudio). By signing through MyStudio, the Guardian represents and warrants that they are the minor Participant’s parent or legal guardian and have authority to sign and agree to all terms of this Agreement on behalf of the minor.

FINAL ACKNOWLEDGMENT (READ & AGREED)
By signing (including electronically through MyStudio), I acknowledge that I have read this policy and waiver in its entirety, understand it, and voluntarily agree to all terms and conditions.