Schedule

Pinnacle MMA & Fitness – Health, Fitness, And Martial Arts Liability Waiver

IMPORTANT - PLEASE READ CAREFULLY

This Health, Fitness, and Martial Arts Liability Waiver, Release of Claims, Assumption of Risk, Indemnification, and Electronic Signature Agreement (the “Agreement” ) is entered into by {name} (“ Participant” ) and Pinnacle MMA & Fitness, including its owners, members, managers, officers, directors, employees, independent contractors, coaches, volunteers, agents, affiliates, successors, and assigns (collectively, “Pinnacle” ).

By executing this Agreement, Participant acknowledges and agrees that participation in physical fitness training, combat sports, martial arts, and related activities involves inherent, substantial, and unavoidable risks , including the risk of serious bodily injury, permanent disability, paralysis, traumatic brain injury, and death. Participant further acknowledges that these risks cannot be eliminated regardless of the level of care, instruction, or supervision provided.

1. Scope of Activities Covered

This Agreement applies to all activities, programs, services, instruction, events, training, observation, and use of facilities or equipment provided or made available by Pinnacle, whether currently offered or added at any time in the future , whether conducted on or off Pinnacle premises, and whether supervised or unsupervised, including but not limited to:

* Mixed Martial Arts (MMA)

* Brazilian Jiu-Jitsu (Gi and No-Gi)

* Boxing, kickboxing, Muay Thai, and striking arts

* Wrestling, grappling, clinch training, takedowns, and submissions

* Self-defense, combatives, and scenario-based training

* Strength and conditioning, resistance training, weightlifting

* Cardiovascular, agility, plyometric, and functional fitness training

* Yoga, mobility, flexibility, breathwork, recovery, and mind-body programs

* Stretching, assisted stretching, and recovery services

* Youth, teen, adult, and family programs

* Private instruction, group classes, open gym, sparring, and live training

* Seminars, workshops, exhibitions, demonstrations, competitions, and special events

* Use of all training surfaces, mats, rings, cages, bags, weights, protective gear, cardio equipment, recovery tools, and all other equipment or implements

2. Assumption of Risk

Participant knowingly, voluntarily, and expressly assumes all risks , both known and unknown, foreseeable and unforeseeable, associated with participation in Pinnacle activities, including but not limited to:

* Physical contact with instructors or other participants

* Strikes, kicks, throws, takedowns, joint locks, chokes, and submissions

* Falls, collisions, trips, slips, and contact with equipment or surfaces

* Overexertion, fatigue, dehydration, heat illness, or cardiac events

* Equipment failure, misuse, or improper fitting

* Acts or omissions of other participants

Participant understands and agrees that injuries may occur even when all rules are followed and all reasonable safety precautions are taken , and that participation is entirely voluntary.

3. Health Representations and Personal Responsibility

Participant represents, warrants, and agrees that:

* Participant is physically and mentally capable of participating in strenuous physical activity

* Participant has no medical condition that would make participation unsafe, or has consulted a licensed physician and obtained clearance

* Participant will immediately discontinue participation and notify Pinnacle staff of any pain, dizziness, shortness of breath, or other concerning symptoms

Participant acknowledges that Pinnacle does not provide medical advice, diagnosis, or screening, and that Participant is solely responsible for determining personal fitness for participation.

4. Release and Waiver of Liability (Ordinary Negligence)

To the maximum extent permitted under the laws of the Commonwealth of Virginia , Participant hereby irrevocably releases, waives, and forever discharges Pinnacle from any and all claims, demands, causes of action, damages, losses, costs, or liabilities of any kind, whether known or unknown, suspected or unsuspected, arising out of or related to Participant’s participation in Pinnacle activities or use of Pinnacle facilities or equipment, including claims based on the ordinary negligence of Pinnacle .

This release does not apply to claims arising from Pinnacle’s gross negligence or willful misconduct , which cannot be waived as a matter of Virginia law.

5. Indemnification and Hold Harmless

Participant agrees to defend, indemnify, and hold harmless Pinnacle from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

* Participant’s participation in Pinnacle activities

* Participant’s breach of this Agreement

* Participant’s acts or omissions

* Claims brought by third parties arising from Participant’s conduct

6. Minor Participants - Mandatory Parental Execution

NO INDIVIDUAL UNDER EIGHTEEN (18) YEARS OF AGE MAY PARTICIPATE in any Pinnacle activity unless this Agreement is executed by the minor’s parent or legal guardian.

By executing this Agreement on behalf of a minor, the parent or legal guardian:

* Certifies that they are the minor’s lawful parent or court-appointed legal guardian

* Consents to the minor’s participation in all Pinnacle activities

* Assumes all risks of participation on behalf of the minor

* Agrees to release, waive, and indemnify Pinnacle from any claims brought by or on behalf of the minor, to the fullest extent permitted by Virginia law

The parent or legal guardian acknowledges that Virginia law may limit the enforceability of liability waivers for minors, but expressly intends that this Agreement be enforced to the maximum extent permitted, including as an assumption of risk and indemnification agreement.

7. Rules, Safety, and Right of Removal

Participant agrees to comply with all Pinnacle rules, policies, instructions, and safety guidelines. Pinnacle reserves the unrestricted right to deny, suspend, or terminate participation at any time for unsafe, disruptive, or inappropriate conduct, without refund.

8. Concussion and Head Injury Disclosure and Acknowledgment

Participant expressly acknowledges that participation in combat sports and related fitness activities involves a significant risk of concussion, traumatic brain injury, and other neurological harm , including injuries that may be cumulative, latent, permanent, or fatal.

Participant understands that:

* Head injuries may occur with or without direct impact to the head

* Symptoms may be immediate or delayed

* Repetitive impacts may increase the risk of long-term neurological impairment

Participant agrees to immediately report symptoms of head injury, cease participation when symptomatic, and seek appropriate medical evaluation. Participant knowingly assumes all risks associated with head injury and releases Pinnacle from liability for such injuries to the maximum extent permitted by Virginia law.

9. Emergency Medical Authorization

Participant authorizes Pinnacle to obtain emergency medical treatment if reasonably deemed necessary and agrees to assume full financial responsibility for any medical services rendered. Participant releases Pinnacle from liability arising from the provision of such emergency care.

10. Media Release

Participant grants Pinnacle the irrevocable right to photograph, record, and use Participant’s likeness, image, and voice for lawful promotional, marketing, and educational purposes without compensation.

11. Governing Law, Venue, and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia . Any action arising out of or relating to this Agreement shall be brought exclusively in a court of competent jurisdiction located within the Commonwealth of Virginia, and Participant consents to personal jurisdiction and venue therein.

12. Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13. Electronic Execution and Affirmative Acknowledgments

Participant agrees that this Agreement may be executed electronically and that electronic signatures, initials, and required checkboxes constitute legally binding execution.