Liability Waiver and Release Form

This Liability Waiver and Release (this "Waiver") is made between Micua Training LLC d/b/a Micua Muay Thai, 2004 Creek Drive, Rapid City, SD 57703 (the "Facility"), and the individual participating in the Activities (the "Participant"). If the Participant is under 18 years of age, this Waiver is entered into by the Participant's parent or legal guardian (the "Guardian") on behalf of the Participant. 

1. Voluntary Participation. The Participant is voluntarily participating in classes, training, activities, and use of the equipment and facilities offered by the Facility (collectively, the "Activities"). The Participant is participating of their own free will and is not required to do so.

2. Assumption of Risk—Martial Arts and Combat Sports. The Participant understands that martial arts and combat-sports training involves direct physical contact and carries a high degree of risk beyond that of general fitness activity. These risks include, but are not limited to, injury from striking, kicking, throws, takedowns, joint locks, chokes and submissions, sparring and live drilling, contact with training partners, mats, equipment, or the floor, and the use of pads, bags, gloves, and weapons or training implements. Known risks include cuts, bruises, bloody noses, dental injury, joint and ligament damage, dislocations, concussion and other head injury, loss of consciousness, broken bones, cardiovascular events, permanent disability, and, in rare cases, death. The Participant acknowledges that these risks cannot be eliminated without destroying the essential nature of the training, and knowingly and voluntarily assumes all of them.

2a. Sparring and Contact Drilling. The Participant understands that sparring and live drilling are voluntary and involve resistance and contact from training partners of varying size, skill, and experience. The Participant agrees to train within their control, to respect a partner's signal to stop (including a verbal or physical tap), and to disclose any injury or condition to their instructor before participating.

3. Release and Waiver of Liability. In consideration of being permitted to participate in the Activities, the Participant, on behalf of themselves and their heirs, assigns, and personal representatives, releases and agrees not to sue the Facility and its owners, officers, directors, managers, members, instructors, employees, volunteers, and agents (collectively, the "Released Parties") from any and all claims, demands, or causes of action for any loss, damage, injury, or death sustained in connection with the Activities, including claims based on the Released Parties' own ordinary negligence. This release does not apply to gross negligence, recklessness, or intentional misconduct, or to any liability that cannot be waived under applicable law.

4. Indemnification. The Participant agrees to indemnify and hold the Released Parties harmless from any claim, loss, liability, or expense (including reasonable attorneys' fees) brought by the Participant or by a third party arising out of the Participant's participation in the Activities, except to the extent caused by the Released Parties' gross negligence or intentional misconduct.

5. Medical Fitness and Emergency Treatment. The Participant confirms that they are physically fit to participate in the Activities and have no medical condition that would make participation unsafe. The Participant is responsible for consulting a physician before beginning. In the event of an injury or medical emergency, the Participant authorizes the Facility to arrange emergency medical treatment and agrees to be responsible for the cost of that treatment.

6. Rules and Conduct. The Participant agrees to follow the Facility's posted rules, the instructions of its staff, and the safe use of all equipment.

7. Governing Law and Severability. This Waiver is governed by the laws of the State of South Dakota , without regard to its conflict-of-laws rules. If any part of this Waiver is found unenforceable, the remaining parts stay in full force and effect, and the unenforceable part will be limited or removed only to the minimum extent necessary.

8. Photo and Media Release. The Participant grants the Facility permission to photograph and record them during the Activities and to use those images and recordings for marketing, website, and social media purposes, without payment or further approval. Unless the box below is checked, the Participant consents to this Photo and Media Release. Permission may be withdrawn at any time by providing written notice to the Facility; withdrawal applies only to future use.

I DO NOT consent to the Photo and Media Release above and do not want my image used.

9. Minor Participants. If the Participant is under 18 years of age, the Guardian represents that they have full legal authority to sign on behalf of the Participant, has read and understood this Waiver, and agrees to its terms—including the assumption of risk, release, and indemnification above—on behalf of themselves and the Participant. The Guardian consents to the Participant's participation in the Activities and authorizes the Facility to arrange emergency medical treatment for the Participant when reasonably necessary. 

10. Acknowledgment. The person signing this Waiver has read and understands its terms, understands that substantial legal rights are being waived, and signs freely and voluntarily. If signed by a Guardian, the Guardian signs both individually and on behalf of the minor Participant. 

Participant

Printed name: {name}

Date: {sign_date}

Signature: