DE LA RIVA SPORTS CLUBS AND FACILITIES MANAGEMENT LLC

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

Location: Ras Al Khor ,Dubai, United Arab Emirates

IMPORTANT NOTICE

This Agreement is a legally binding document between De La Riva Sports Clubs and Facilities Management LLC ("the Gym") and the undersigned participant ("Member" or "Participant").

By signing this Agreement, the Member acknowledges that they have carefully read, understood, and voluntarily accepted all terms and conditions contained herein. Participation in Brazilian Jiu-Jitsu, martial arts, fitness training, and related activities involves inherent risks, including the risk of serious injury, permanent disability, and death.

1. ASSUMPTION OF RISK

I acknowledge and understand that participation in Brazilian Jiu-Jitsu (BJJ), grappling, wrestling, self-defense training, martial arts instruction, strength and conditioning programs, fitness classes, sparring, competitions, open mat sessions, seminars, workshops, and all related activities offered by the Gym involves significant physical contact and inherent risks that cannot be completely eliminated regardless of the level of supervision, instruction, or safety precautions.

I understand and accept that participation may result in:

• Cuts, bruises, abrasions, and contusions;

• Muscle tears, strains, and sprains;

• Finger, wrist, elbow, shoulder, knee, ankle, and hip injuries;

• Joint hyperextension and dislocations;

• Fractures and broken bones;

• Dental injuries and facial injuries;

• Eye injuries;

• Concussions and traumatic brain injuries;

• Neck, spinal, and back injuries;

• Heat exhaustion, dehydration, and physical exhaustion;

• Exposure to communicable illnesses and skin infections common in contact sports;

• Permanent disability;

• Paralysis; and

• Death.

I acknowledge that injuries may occur through accidental contact, training mistakes, equipment failure, acts or omissions of other participants, instructor demonstrations, or unforeseen circumstances.

I voluntarily assume all risks associated with participation and accept full responsibility for any injuries, damages, or losses that may result.

2. HEALTH DECLARATION AND MEDICAL RESPONSIBILITY

I represent and warrant that:

• I am physically and mentally capable of participating in the activities offered by the Gym;

• I do not suffer from any medical condition that would make participation unsafe unless disclosed in writing to the Gym;

• I understand the physical demands of martial arts and fitness training;

• I will immediately stop training and notify Gym staff if I experience pain, dizziness, illness, injury, or any condition affecting my ability to train safely.

I understand that the Gym does not provide medical diagnosis or treatment.

In the event of an emergency, I authorize the Gym, its employees, instructors, and representatives to seek emergency medical treatment on my behalf if they reasonably believe such treatment is necessary.

I understand and agree that all costs associated with medical treatment, transportation, hospitalization, rehabilitation, or related expenses shall be my sole responsibility.

3. RELEASE OF LIABILITY

To the fullest extent permitted by applicable law, I hereby release, waive, discharge, and covenant not to sue De La Riva Sports Clubs and Facilities Management LLC, its owners, shareholders, directors, managers, employees, instructors, coaches, contractors, agents, affiliates, successors, and representatives (collectively referred to as the "Released Parties") from any and all claims, demands, liabilities, actions, damages, losses, costs, expenses, or causes of action arising out of or relating to:

• Personal injury;

• Bodily injury;

• Illness or disease;

• Property damage;

• Emotional distress;

• Loss of income;

• Permanent disability;

• Death; or

• Any other loss arising from participation in Gym activities or use of Gym facilities.

This release applies whether such claims arise from classes, sparring, open mats, competitions, seminars, private lessons, strength and conditioning sessions, changing rooms, common areas, or any other Gym-related activity.

4. INDEMNIFICATION

I agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, demands, lawsuits, damages, liabilities, losses, judgments, penalties, costs, and legal expenses arising from:

• My participation in Gym activities;

• My violation of Gym policies;

• My negligent, reckless, or intentional conduct;

• Any injury or damage caused by me to another person or property.

This obligation shall survive the termination or expiration of my membership.

5. SPARRING, COMPETITION, AND PHYSICAL CONTACT

I acknowledge that sparring and live training are essential components of Brazilian Jiu-Jitsu and combat sports.

I understand that:

• Physical contact is unavoidable;

• Techniques may involve joint locks, chokes, takedowns, throws, sweeps, and submissions;

• Injury may occur despite proper supervision;

• Training partners may vary in age, size, strength, and skill level.

I agree to train responsibly, respect my training partners, and immediately submit, tap, or verbally indicate submission when necessary to prevent injury.

6. COMMUNICABLE DISEASES AND HYGIENE

I acknowledge the possibility of exposure to communicable illnesses, viruses, bacteria, fungi, and skin infections associated with contact sports.

I agree that:

• I will not train if I have a contagious illness or infection;

• I will maintain proper personal hygiene;

• I will wear clean training attire;

• I will promptly report any communicable condition to Gym management.

• I agree that:

I will wear the Gym's required training uniform and appropriate protective undergarments during all classes and training sessions. For Gi (Kimono) classes, all participants must wear a clean rash guard or approved athletic compression shirt beneath the Gi jacket unless otherwise expressly authorized by Gym management.

I understand that the requirement to wear a rash guard or approved underlayer is intended to:

• Promote hygiene and reduce direct skin-to-skin contact;

• Help minimize the spread of bacteria, fungi, skin infections, and communicable conditions commonly associated with contact sports;

• Reduce friction burns, mat burns, and skin abrasions;

• Improve participant comfort during training;

• Enhance the durability and cleanliness of training uniforms; and

• Maintain a professional, respectful, and consistent training environment.

I acknowledge that failure to comply with the Gym's uniform requirements may result in being denied participation in a class or training session until compliant attire is worn.

The Gym cannot guarantee that exposure to communicable illnesses will not occur.

7. PERSONAL PROPERTY

The Gym shall not be liable for any loss, theft, or damage to personal belongings, including but not limited to:

• Mobile phones;

• Jewelry;

• Watches;

• Cash;

• Wallets;

• Clothing;

• Equipment;

• Vehicles; or

• Any other personal property.

All personal property is brought onto Gym premises entirely at the owner's risk.

8. MEMBERSHIP TERMS

8.1 Membership

Membership is personal, non-transferable, and may not be assigned to another individual.

The Gym reserves the right to modify class schedules, instructors, operating hours, programs, and services without prior notice.

Membership grants access only to the services included within the selected membership package.

8.2 No Refund Policy

All payments made to the Gym are final and non-refundable.

Membership fees, registration fees, annual fees, promotional fees, package purchases, private lesson fees, competition fees, merchandise purchases, and all other payments made to the Gym are strictly non-refundable.

No refunds, credits, reimbursements, or partial refunds shall be issued under any circumstances, including but not limited to:

• Change of mind;

• Relocation;

• Travel;

• Work commitments;

• Family commitments;

• Schedule conflicts;

• Injury or illness;

• Medical conditions;

• Dissatisfaction with attendance frequency;

• Temporary or permanent inability to train;

• Non-use of membership; or

• Membership termination.

8.3 Membership Pause Policy

Membership pause benefits are available only for eligible fixed-term memberships and are subject to the conditions set forth below.

Monthly Memberships

• Monthly memberships are not eligible for pauses, freezes, suspensions, extensions, or hold periods under any circumstances.

Three (3) Month Memberships

• Members may pause their membership for a maximum of fourteen (14) days during the membership term.

Six (6) Month Memberships

• Members may pause their membership for a maximum of twenty-five (25) days during the membership term.

Twelve (12) Month Memberships (Annual Memberships)

• Members may pause their membership for a maximum of fifty (50) days during the membership term.

General Conditions

• All pause requests must be submitted in writing to Gym management.

• Pause requests must be approved by Gym management and become effective only upon written confirmation from the Gym.

• Membership pauses may not be applied retroactively.

• Any unused pause days expire at the end of the membership term and have no cash value.

• Membership pause days may be used consecutively or in separate periods, subject to Gym approval and operational requirements.

• During an approved pause period, membership access and training privileges will be temporarily suspended.

• The membership expiry date will be extended by the number of approved pause days utilized.

8.4 Outstanding Payments

Members remain responsible for all outstanding fees and charges due under their membership agreement.

Failure to make payments when due may result in:

• Suspension of training privileges;

• Membership termination;

• Collection efforts for outstanding balances.

9. CODE OF CONDUCT

The Member agrees to conduct themselves in a respectful, professional, and sportsmanlike manner at all times while participating in any activity organized by the Gym or while present on Gym premises.

The Member agrees to:

• Follow all instructions provided by coaches, instructors, and staff;

• Treat all members, guests, visitors, and staff with dignity and respect;

• Maintain proper personal hygiene and wear clean training attire;

• Train safely and responsibly;

• Use Gym equipment and facilities properly;

• Respect the physical safety and personal boundaries of others;

• Refrain from conduct that may create an unsafe, hostile, intimidating, or uncomfortable training environment.

• Wear the required Gym uniform, including any mandatory rash guard, compression garment, or protective attire specified for the applicable class or training session. 

Prohibited Conduct

The following conduct is strictly prohibited and may result in immediate suspension or permanent termination of membership without refund:

• Violent, aggressive, threatening, or intimidating behavior;

• Reckless training conduct that places others at risk of injury;

• Intentional injury to another participant;

• Bullying, hazing, or harassment of any kind;

• Verbal abuse, offensive language, or discriminatory remarks;

• Theft, vandalism, or damage to Gym property;

• Possession or use of illegal drugs on Gym premises;

• Training while under the influence of alcohol, narcotics, or any substance that impairs judgment or physical ability;

• Failure to comply with safety instructions or Gym policies.

• Repeated failure or refusal to comply with the Gym's uniform, hygiene, or safety equipment requirements. 

Sexual Harassment and Abuse Policy

De La Riva Sports Clubs and Facilities Management LLC maintains a zero-tolerance policy toward sexual harassment, sexual misconduct, sexual abuse, inappropriate touching, stalking, intimidation, coercion, exploitation, or any form of unwanted sexual behavior.

Prohibited conduct includes, but is not limited to:

• Unwanted physical contact;

• Inappropriate touching during or outside training activities;

• Sexual comments, jokes, gestures, or remarks;

• Requests for sexual favors;

• Unwanted advances or propositions;

• Sending inappropriate messages, photographs, or communications;

• Repeated unwanted attention after a person has indicated discomfort or lack of interest;

• Any conduct that creates an intimidating, hostile, offensive, or unsafe environment.

Any allegation of sexual harassment, abuse, misconduct, or inappropriate behavior may result in:

• Immediate suspension from all Gym activities;

• Immediate termination of membership without refund;

• Removal from Gym premises; and/or

• Reporting to the appropriate authorities where required by law.

The Gym reserves the right to investigate complaints and take disciplinary action at its sole discretion to protect the safety and well-being of members and staff.

Disciplinary Action

The Gym reserves the sole and absolute right to suspend, restrict, or terminate a Member's access to the Gym and its services if the Member violates any provision of this Agreement or engages in conduct deemed unsafe, inappropriate, unlawful, disruptive, abusive, harassing, or detrimental to the Gym community.

Any suspension or termination resulting from a violation of this section shall not entitle the Member to any refund, credit, or compensation.

10. PHOTO AND VIDEO RELEASE

I grant De La Riva Sports Clubs and Facilities Management LLC the unrestricted right to photograph, film, record, and use my image, likeness, voice, and appearance for:

• Marketing and advertising;

• Social media content;

• Website content;

• Educational materials;

• Promotional campaigns;

• Printed and digital publications.

Such use may occur without compensation, notice, or further approval.

Members who do not consent must provide written notice to Gym management.

11. FACILITY RULES

The Gym reserves the right to refuse entry, suspend access, or remove any individual whose conduct may endanger the safety, well-being, reputation, or enjoyment of others.

The Gym may temporarily close areas of the facility for maintenance, repairs, events, renovations, or operational reasons without compensation or refund.

12. SEVERABILITY

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

13. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the United Arab Emirates and the Emirate of Abu Dhabi.

Any dispute arising from or relating to this Agreement shall be subject to the exclusive jurisdiction of the competent courts of Abu Dhabi, United Arab Emirates.

14. ACKNOWLEDGMENT AND ACCEPTANCE

BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND AGREE THAT:

• I HAVE READ THIS DOCUMENT IN ITS ENTIRETY;

• I FULLY UNDERSTAND ITS CONTENTS;

• I UNDERSTAND THE RISKS ASSOCIATED WITH MARTIAL ARTS AND FITNESS TRAINING;

• I UNDERSTAND THAT PARTICIPATION MAY RESULT IN SERIOUS INJURY, PERMANENT DISABILITY, PARALYSIS, OR DEATH;

• I AM ASSUMING ALL RISKS ASSOCIATED WITH MY PARTICIPATION;

• I AM WAIVING CERTAIN LEGAL RIGHTS;

• I AM SIGNING THIS AGREEMENT FREELY, VOLUNTARILY, AND WITHOUT COERCION.