Gracie Jiu-Jitsu

Gracie Jiu-Jitsu

Liability Waiver

I understand that I am participating in a Brazilian Jiu-Jitsu (BJJ) and kettlebells training program with Mike Cassesa and Frame Strong AZ. I am aware that BJJ and kettlebells are both physically demanding activities that carry the risk of injury. I hereby agree to release and hold harmless Mike Cassesa and Frame Strong AZ, their agents, employees, and assigns from any and all claims, demands, or causes of action arising out of or relating to my participation in this training program, including but not limited to any injuries that I may sustain.

I understand that I am responsible for my own safety and well-being during this training program. I agree to follow all instructions given by trainers and to use proper safety equipment at all times. I also agree to inform Frame Strong AZ of any pre-existing medical conditions that may affect my participation in this training program.

This waiver is effective immediately and will remain in effect until it is terminated by either party in writing. I understand that I may terminate this waiver at any time by providing written notice to Frame Stong AZ. Frame Strong AZ may terminate this waiver at any time if they believe that I am not able to safely participate in this training program.

Sign Below

Brazilian

Jiu-Jitsu

FRAME STRONG

LIABILITY WAIVER, RELEASE, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT

All Programs  ·  Adult and Minor Participants

Arizona Law  ·  Multi-State & International

Adult Participating or Legal Guardian

Minor Participant

Authorization

ELECTRONIC SIGNING: If completing this form online, your typed name, drawn signature, or

checkbox confirmation constitutes a legally binding electronic signature under the E-SIGN Act

(15 U.S.C. § 7001) and Arizona A.R.S. § 44-7001. A signed copy will be emailed to you.

1.  Parties and Programs Covered


RELEASEE: Michael Cassesa, individually and doing business as Frame Strong / Frame Strong AZ, and all agents, employees, coaches, contractors, successors, and assigns (collectively, Frame Strong).


PARTICIPANT / RELEASOR: The undersigned adult participant, or the parent/legal guardian signing on behalf of a minor child.


This Agreement covers all Frame Strong programs and activities, without limitation, including:


-BJJ / Self-Defense classes (beginner and experienced)  ·  Kettlebell training and personal training

-Frame Strong: Family Forged — 18-week parent-led home self-defense curriculum

-Frame Strong: Iron Family — 18-week parent-led home strength and kettlebell curriculum

-Digital curriculum, subscriptions, seminars, workshops, special events, and any future programs

-All activities at Frame Strong's facility, at Participant's home, outdoors, or at any other location


2.  Assumption of Risk


I voluntarily and expressly assume all risks of participating in Frame Strong programs, including:


-Contact injuries: sprains, strains, joint injuries, fractures, bruising, lacerations, head and neck injuries, concussion

-Exertion injuries: muscle tears, overexertion, rhabdomyolysis, cardiovascular stress, cardiac events

-Equipment injuries: kettlebells, training mats, implements, facility equipment, or home equipment


For home programs (Family Forged / Iron Family), I additionally assume:

-Risk of incorrect technique from misreading written or illustrated instructions without live supervision

-Risk from training in an unsafe home environment — inadequate space, floor hazards, low ceilings, obstacles

-Risk from using inappropriate, poorly maintained, or developmentally unsuitable equipment

-Risk from training beyond the child's current physical ability, strength, or developmental readiness


Participation is entirely voluntary. I have chosen to participate with full knowledge of these risks.


3.  Release of Liability — Includes Negligence


This release covers Frame Strong's own NEGLIGENCE. Under Arizona Constitution Article 18 §5, enforceability is always a jury question — Phelps v. Firebird Raceway, 111 P.3d 1003 (Ariz. 2005). This release does NOT cover gross negligence, willful misconduct, or intentional acts.


In consideration of being permitted to participate, I — for myself and my heirs, executors, and assigns — RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Frame Strong from any and all claims, demands, losses, and causes of action, known or unknown, arising from my participation or my minor child's participation in any Frame Strong program or activity, INCLUDING CLAIMS ARISING FROM FRAME STRONG'S NEGLIGENCE.


This release covers: defects in the facility or equipment; acts of other participants; instruction delivered through written, digital, recorded, or remote curriculum; and any activity at home or any other location pursuant to Frame Strong curriculum. Frame Strong is not an essential service provider, public utility, employer, or any other category subject to statutory prohibitions on pre-injury liability waivers.


4.  Indemnification


I agree to indemnify, defend, and hold harmless Frame Strong from all claims, damages, losses, and attorneys' fees arising from: (a) my or my minor child's participation in any Frame Strong program; (b) my failure to follow instructions or curriculum guidelines; (c) injury to any third party caused by my conduct or my child's conduct; or (d) any claim brought by or on behalf of my minor child.


STATE LAW NOTE — INDEMNIFICATION

Louisiana Civil Code art. 2004 may limit enforcement of indemnification clauses for physical injury. Where applicable law restricts this provision, it applies only to the extent permitted. All other provisions remain in full effect.


5.  Minor Child Addendum — Required for All Minor Participants


ARIZONA: Parental waivers are recognized for commercial recreational / instructional activities.

17 STATES where parental waivers are generally unenforceable for commercial activities:

AL · AR · HI · IA · IL · LA · ME · MI · MT · NJ · PA · TN · TX · UT · VA · WA · WV

Even where unenforceable as a full release, this Agreement serves as evidence of informed consent,

voluntary assumption of inherent risks, and comparative fault documentation.


I, the undersigned parent or legal guardian, represent that:


-I am the parent/guardian of the minor named in Section 9 and have full legal authority to sign on their behalf

-I understand the physical risks involved and voluntarily accept them on behalf of my minor child

-For home programs: I am the instructor of record and accept full responsibility for conducting training safely — appropriate space, equipment, and activities matched to my child's age and physical ability

-I waive all claims on behalf of myself and my minor child to the maximum extent permitted by applicable law

-I agree to indemnify Frame Strong from any claim brought by or on behalf of my minor child


6.  Medical Disclosure and Emergency Authorization


I represent that I and/or my minor child are in good physical health with no known condition making participation unsafe. If any pre-existing condition exists, I have obtained physician clearance before beginning any Frame Strong program. I will immediately notify Frame Strong of any health change affecting safe participation.


I authorize Frame Strong to seek emergency medical treatment on my or my minor child's behalf and accept full financial responsibility for all associated costs.


7.  Multi-State and International Acknowledgment


This Agreement is governed by Arizona law. Because Frame Strong sells digital curriculum nationwide and internationally, Participant acknowledges:


NEW YORK: N.Y. G.O.L. § 5-326 voids waivers for recreational establishments. Frame Strong's

programs are primarily instructional. New York courts have upheld waivers for instructional

facilities — Jo Hsu v. Krav Maga (2016). Family Forged and Iron Family are educational products.


CALIFORNIA: Cal. Civ. Code §§ 1812.82 / 1812.91 require a copy of this Agreement at signing.

Digital delivery with retained record satisfies this requirement. Copy available on request.


LOUISIANA: Civil Code art. 2004 may restrict enforcement for physical injury. See Section 4.


INTERNATIONAL (UK / EU / Canada): Consumer protection laws may limit pre-injury liability

waivers. This Agreement serves as evidence of informed consent and voluntary assumption of risk.


Even where this Agreement is partially or wholly unenforceable as a release, it is valid as: (a) evidence of informed consent; (b) evidence of voluntary assumption of inherent risks; and (c) comparative fault documentation. Any litigation shall be filed in Maricopa County, Arizona, to the extent such jurisdiction is legally available.


8.  General Provisions


GOVERNING LAW: Arizona. Disputes resolved in Maricopa County, Arizona courts.


SEVERABILITY: If any provision is invalid or unenforceable in any jurisdiction, that provision is severed and all others remain in full effect — on a section-by-section and state-by-state basis.


ENTIRE AGREEMENT: This is the complete agreement between the parties on this subject. Modification requires a written instrument signed by both parties.


CONTINUING EFFECT: This Agreement applies to all current and future Frame Strong programs and does not expire with any individual session or subscription period.


VOLUNTARY EXECUTION: I have read this entire Agreement, understand its terms and legal effect, have had the opportunity to consult legal counsel, and sign freely and voluntarily without duress.


LEGAL ENTITY: Frame Strong and Frame Strong AZ refer to the same business operated by Michael Cassesa, Gilbert, Arizona — framestrongaz.com.


FONT AND CONSPICUOUSNESS: This Agreement is presented in minimum 11-point font. All material limitations on rights appear in bold or boxed highlights.


ELECTRONIC SIGNATURE CONSENT: If this Agreement is signed electronically, Participant consents to conduct this transaction by electronic means. An electronic signature — including a typed name, drawn signature, checkbox confirmation, or click-to-agree — has the same legal effect as a handwritten signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001) and the Arizona Uniform Electronic Transactions Act (A.R.S. § 44-7001 et seq.). A copy of this signed Agreement will be delivered to Participant electronically, satisfying any applicable copy requirement including California Civil Code §§ 1812.82 and 1812.91. Frame Strong retains a timestamped, attributable record of each signed Agreement.

Terms & Conditions Waiver

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