Adult Participants (Age 18 and Older) — Full-Contact and Pro-Am Combat Sports

READ CAREFULLY BEFORE SIGNING. This is a legally binding agreement that affects your legal rights. By executing this Agreement electronically, you waive substantial legal rights, including the right to sue. You should review it carefully and may consult independent legal counsel before signing. At the end of this Agreement you must select “Yes” to accept its terms. Selecting “Yes” is required in order to register for and participate in any Event. If you select “No” or decline to accept, you will not be permitted to participate.

1. Introduction

This Participant Agreement, Assumption of Risk, Release of Liability, Waiver of Claims, and Indemnification (the “Agreement”) is entered into by and between the undersigned individual identified through electronic signature (the “Participant”) and Triangle Kickboxing Promotions LLC (“TriKicPro”), in connection with the Participant’s application for and participation in one or more combat sports events promoted, sanctioned, licensed, organized, or administered by TriKicPro.

This Agreement applies to all TriKicPro-promoted, sanctioned, licensed, organized, or administered events, including but not limited to professional bouts, amateur bouts, Pro-Am events, kickboxing tournaments, Muay Thai tournaments, MMA contests, freestyle kickboxing events, and exhibition bouts, together with all associated activities including rules meetings, weigh-ins, medical examinations, fighter meetings, promotional appearances, warm-ups, time spent in locker rooms, awards ceremonies, travel to and from the Event, and any other activity associated with a TriKicPro Event (each, an “Event”).

The combat sports disciplines covered by this Agreement include full-contact kickboxing, Muay Thai, freestyle kickboxing, and mixed martial arts (MMA).

In consideration of being permitted to apply for and participate in any Event, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Participant agrees to the terms set forth below.

2. Definitions

As used throughout this Agreement, the following capitalized terms have the meanings set forth below:

• “TriKicPro” means Triangle Kickboxing Promotions LLC, a North Carolina limited liability company, together with its members, managers, officers, directors, employees, agents, and representatives.
• “Participant” means the individual competitor identified by electronic signature who applies for, registers for, or takes part in any Event, and includes that individual’s heirs, executors, administrators, legal representatives, assigns, and successors in interest (collectively, the “Participant Parties”).
• “Event” means any combat sports event promoted, sanctioned, licensed, organized, or administered by TriKicPro, including the bouts and disciplines described in Section 1 and all associated activities described in Section 1.
• “Venue” means any facility, arena, building, grounds, or other location at which an Event or any associated activity is held, together with all adjacent and supporting areas, including parking areas, locker rooms, and warm-up areas.
• “Releasees” means the parties released, discharged, and held harmless under this Agreement, as defined in Section 4.

3. Assumption of Risk

The Participant acknowledges and fully understands that participation in full-contact and Pro-Am combat sports is inherently dangerous and involves substantial risk of serious bodily injury, permanent disability, and death. The Participant understands that the techniques and methods employed in these disciplines are extremely hazardous, and that the nature of the Event includes blows to the head and body and repetitive head trauma which, over time, may contribute to long-term neurological conditions.

The Participant knowingly and voluntarily assumes all risks associated with participation in the Event, whether known or unknown and whether or not foreseeable, including but not limited to:

• Serious bodily injury
• Permanent disability
• Paralysis
• Death
• Concussion
• Traumatic brain injury
• Repetitive head trauma
• Chronic Traumatic Encephalopathy (CTE)
• Orthopedic injuries, fractures, and dislocations
• Cuts, lacerations, contusions, and bruising
• Emotional and psychological trauma
• Injury resulting from equipment failure or malfunction
• Injury resulting from playing-surface, ring, cage, or facility conditions
• Injury caused by the acts or omissions of other participants
• Injury caused by the acts or omissions of officials
• Injury caused by the acts or omissions of spectators
• Exposure to or transmission of communicable illnesses
• Travel-related risks to and from the Event
• Other unknown and unforeseeable risks

With full knowledge and appreciation of these risks, the Participant voluntarily and of the Participant’s own free will elects to apply for and compete in the Event, and accepts full and sole responsibility for any and all injuries, disabilities, losses, or death sustained as a result of participation, whether arising from the ordinary negligence of the Releasees or otherwise.

4. Release of Liability

In consideration of being permitted to participate in the Event, the Participant, on behalf of the Participant Parties, hereby releases, waives, discharges, and agrees to hold harmless the following parties (collectively, the “Releasees”):

• Triangle Kickboxing Promotions LLC
• Don Rodger
• The Event venue(s) and all Venues at which an Event is held
• Venue owners, operators, lessors, lessees, and managers
• Athletic commissions and other governmental or regulatory authorities
• Sanctioning organizations
• Promoters and co-promoters
• Matchmakers
• Officials
• Referees
• Judges
• Inspectors
• Ringside physicians
• Athletic trainers
• Emergency medical personnel
• Timekeepers
• Announcers
• Production staff
• Broadcasters
• Livestream providers
• Photographers and videographers
• Sponsors
• Vendors
• Contractors and subcontractors
• Volunteers
• Employees
• Agents and representatives
• Successors and assigns
• Insurers

together with each of the foregoing parties’ respective officers, directors, members, managers, employees, agents, contractors, and representatives.

This release applies to any and all claims, demands, actions, causes of action, liabilities, damages, costs, expenses, and losses—whether known or unknown, foreseen or unforeseen, suspected or unsuspected—arising directly or indirectly from the Participant’s application, registration, or participation in the Event. This includes, without limitation, claims for bodily injury, personal injury, property damage, emotional distress, pain and suffering, loss of consortium, punitive damages, and wrongful death, and includes claims resulting from training, competition, instruction, equipment or facility use, medical or first-aid services rendered or not rendered, and travel to and from the Event, regardless of whether such claims arise from the ordinary negligence, acts, or omissions of the Releasees or any of them.

This release does not apply to liability arising from the gross negligence or willful or wanton misconduct of a Releasee, or to any liability that may not be released or waived as a matter of applicable law.

5. Waiver of Claims

The Participant expressly waives any and all claims that the Participant or the Participant Parties have or may have against the Releasees arising out of or relating to the Event, including claims for bodily injury, personal injury, emotional distress, property damage, wrongful death, pain and suffering, and any other loss or harm, whether direct or indirect and whether known or unknown. This waiver is intended to be interpreted and enforced to the fullest extent permitted by applicable law.

6. Covenant Not to Sue

The Participant, on behalf of the Participant Parties, covenants and agrees not to file, commence, or prosecute any lawsuit, demand for arbitration, or other legal or administrative action against any Releasee based upon any claim released or waived under this Agreement. If the Participant or any Participant Party brings such an action in breach of this covenant, the Participant agrees to indemnify and reimburse the affected Releasees for all resulting costs, expenses, and reasonable attorneys’ fees, to the fullest extent permitted by applicable law.

7. Health Certification

The Participant certifies and represents that the Participant is in good physical condition, health, and fitness, and possesses the proper skill, training, and conditioning necessary to participate in this inherently hazardous activity. The Participant acknowledges that combat sports competition involves strenuous physical exertion and contact carrying significant risk of injury or harm.

The Participant affirms that the Participant has either consulted a licensed physician regarding fitness to participate or has voluntarily elected to waive such consultation, and that, to the best of the Participant’s knowledge, the Participant has no medical condition, injury, or impairment that would make participation unsafe. The Participant agrees to disclose truthfully and completely any medical condition, injury, illness, or impairment that may affect the Participant’s ability to participate safely, both at the time of registration and at any time prior to competing, and acknowledges that the failure to disclose such information may result in injury and may be grounds for disqualification.

8. Emergency Medical Authorization

The Participant authorizes TriKicPro, the ringside physician, and emergency medical personnel to evaluate the Participant and to administer or arrange for first aid, medical treatment, and emergency care that they reasonably deem necessary in connection with the Event. The Participant specifically authorizes evaluation by the ringside physician and agrees to comply with the ringside physician’s determinations regarding the Participant’s fitness to compete or continue competing.

The Participant further authorizes emergency transportation to a medical facility if medical personnel determine it to be necessary, and agrees that the Participant is solely responsible for the costs of any medical treatment, transportation, and care, including any costs not covered by insurance. This authorization does not obligate any Releasee to provide medical services, and the absence, unavailability, or inadequacy of medical services or personnel shall not give rise to any claim against the Releasees.

9. Participant Responsibilities

The Participant agrees to the following responsibilities as a condition of participation:

• To comply with all rules, regulations, and requirements of the Event and of any applicable athletic commission or sanctioning organization;
• To comply with the instructions and directions of officials, referees, inspectors, the ringside physician, and TriKicPro personnel;
• To conduct themselves in a safe, sportsmanlike, and appropriate manner at all times;
• To inspect their own equipment and gear and to use only equipment that is in safe and proper working condition;
• To promptly report to TriKicPro or Event officials any unsafe condition, equipment defect, or hazard of which the Participant becomes aware; and
• To refrain from participating, and to immediately cease participating, if the Participant is or becomes impaired, injured, ill, or otherwise unfit to compete safely, including any impairment by alcohol, drugs, or prohibited or performance-affecting substances.

10. Rules Compliance

The Participant agrees to know, understand, and comply with the applicable rules of competition, including the rules of the relevant discipline, the requirements of any applicable athletic commission, and the rules and policies established by TriKicPro and the sanctioning organization for the Event. The Participant acknowledges that the rules are intended in part to promote safety, that no set of rules can eliminate the inherent risks of combat sports, and that compliance with the rules does not guarantee against injury.

11. Conduct and Disqualification

TriKicPro reserves the right, in its sole discretion, to remove, suspend, disqualify, or refuse the participation of any Participant before, during, or after an Event for reasons including, without limitation, safety concerns, medical concerns, failure to meet eligibility or weight requirements, violation of the rules, dishonesty or misrepresentation, or inappropriate, unsafe, unsportsmanlike, or disruptive conduct. The Participant agrees to abide by any such determination. No claim for damages, refund, or other relief shall arise against the Releasees as a result of any such removal, suspension, disqualification, or refusal of participation.

12. Registration Fees and Refund Policy

Some Events require registration or entry fees. The Participant acknowledges and agrees that registration and entry fees, when charged, are non-refundable, except where TriKicPro expressly states otherwise in writing or where TriKicPro cancels the Event. In the event TriKicPro cancels an Event, the Participant’s sole and exclusive remedy shall be as expressly provided by TriKicPro, which may include a refund of the registration or entry fee paid. Removal, suspension, disqualification, or refusal of participation under Section 11 does not entitle the Participant to a refund.

13. Media Release

The Participant grants to TriKicPro and its media partners, licensees, sponsors, and assigns the perpetual, irrevocable, worldwide, royalty-free right to record, photograph, film, livestream, and otherwise capture the Participant’s image, likeness, voice, name, appearance, and performance in connection with the Event, and to use, reproduce, edit, publish, distribute, display, and exploit such photographs, video, livestreams, audio recordings, likeness, voice, and name in any and all media now known or later developed, for promotional, commercial, advertising, archival, and educational purposes, without any further compensation, notice, approval, or consideration to the Participant. The Participant waives any right to inspect or approve any such use and waives any claim for invasion of privacy, right of publicity, defamation, or similar claim arising from such use.

14. Indemnification

To the fullest extent permitted by applicable law, the Participant agrees to indemnify, defend, and hold harmless the Releasees from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) the Participant’s participation in the Event; (b) the Participant’s breach of this Agreement; (c) the Participant’s violation of any rule, regulation, or law, or of any instruction of an official or TriKicPro personnel; (d) any injury or damage caused by the Participant to any other person or to property; and (e) any misrepresentation by the Participant, including any failure to disclose a medical condition or impairment. This indemnification obligation survives the conclusion of the Event and the termination of this Agreement.

15. Governing Law, Venue, and Jurisdiction

This Agreement shall be governed by and construed exclusively under the laws of the State in which the Event is held, without regard to that State’s conflict-of-law principles or to the laws of the Participant’s state of residence. All disputes, claims, or controversies arising out of or relating to this Agreement, the Participant’s application, or the Participant’s participation in the Event shall be brought exclusively in the state or federal courts of original jurisdiction located in the State and county where the Event occurs. The Participant consents to the personal jurisdiction of those courts, waives any objection to venue in those courts, and waives any argument that such venue is inconvenient.

16. Electronic Signature

The Participant agrees that this Agreement may be executed and acknowledged electronically, and that an electronic signature, electronic initials, electronic acknowledgment, or selection of an acceptance toggle, checkbox, or button submitted through Gravity Forms or any similar electronic registration or signature system has the same legal force and effect as a handwritten signature on a paper document. The Participant acknowledges that by selecting “Yes” on the acceptance toggle below, by typing the Participant’s name, or by otherwise submitting the registration form, the Participant is signing this Agreement and intends to be legally bound by it. The Participant consents to conduct this transaction by electronic means and agrees that records of the electronic execution may be retained by TriKicPro as evidence of this Agreement.

17. Severability

If any provision of this Agreement, or any portion of a provision, is held to be invalid, void, or unenforceable by a court of competent jurisdiction, that provision or portion shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, shall be severed from this Agreement. The remaining provisions shall continue in full force and effect, and the Agreement shall be construed and enforced as if the invalid or unenforceable provision had not been included.

18. Entire Agreement

This Agreement constitutes the entire agreement between the Participant and TriKicPro with respect to its subject matter and supersedes all prior or contemporaneous understandings, representations, and agreements, whether written or oral, relating to that subject matter. No modification or amendment of this Agreement shall be effective unless made in writing by TriKicPro. This Agreement applies to the Participant’s participation in the Event for which it is signed and, to the fullest extent permitted by law, to the Participant’s participation in any subsequent Event, unless and until superseded by a later agreement.

19. Final Acknowledgment

THE PARTICIPANT ACKNOWLEDGES THAT THE PARTICIPANT HAS CAREFULLY READ THIS AGREEMENT, FULLY UNDERSTANDS ITS CONTENTS, AND IS AT LEAST EIGHTEEN (18) YEARS OF AGE.

The Participant understands that this is a binding legal document, enforceable under applicable law; that the Participant has had the opportunity to consult independent legal counsel; that the Participant is giving up substantial legal rights, including the right to sue; and that the Participant is signing it freely, voluntarily, and without inducement. The Participant affirms that the Participant possesses the legal authority to enter into this Agreement on the Participant’s own behalf.

A separate Parent/Guardian Agreement applies to participants under eighteen (18) years of age. This Agreement is intended for adult Participants only.

END OF AGREEMENT — you may now check the consent box below.