Waiver and Liability Form

In exchange for participation in the activity of jiu-jitsu, sauna, or cold plunge organized by BN MOTION of 5534 West Michigan Ave, Kalamazoo, Michigan, 49009 and/or use of the property, facilities, and services of BN MOTION, I agree for myself and (if applicable) for the members of my family, to the following:

1. Agreement To Follow Directions. I agree to observe and obey all posted rules and warnings and further agree to follow any oral instructions or directions given by BN MOTION or the employees, representatives, or agents of BN MOTION.

2. Assumption of the Risks and Release. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge BN MOTION for injury, loss, or damage arising out of my or my family's use of or presence upon the facilities of BN MOTION, whether caused by the fault of myself, my family, BN MOTION or other third parties.

3. Indemnification. I agree to indemnify and defend BN MOTION against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of BN MOTION.

4. Fees. I agree to pay for all damages to the facilities of BN MOTION caused by any negligent, reckless, or willful actions by me or my family.

5. Medical Authorization. In the event of an injury to the above minor during the above-described activities, I give my permission to BN MOTION or to the employees, representatives, or agents of BN MOTION arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on March 22, 2025 and will remain in effect until terminated in writing by the undersigned or when the above-described activities are completed. BN MOTION shall have the following powers:
- The power to seek appropriate medical treatment or attention on behalf of my child may be required by the circumstances, including without limitation, that of a licensed medical physician and/or a hospital.
- The power to authorize medical treatment or medical procedures in an emergency.
- The power to make appropriate decisions regarding clothing, bodily nourishment and shelter.

6. Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under Michigan law.

7. No Duress. I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that BN Motion HQ has offered to refund any fees I have paid to use its facilities if I choose not to sign this agreement.

8. Arm's Length Agreement. This agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

9. Enforceability. The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision. Such invalid or unenforceable provision shall be deemed not to be a part of this agreement.

10. Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations among the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure: Any controversies or disputes arising out of or relating to this agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.