MODUS GRAPPLING PARTICIPANT AGREEMENT

Assumption of Risk • Release of Ordinary Negligence • Medical Authorization • Media Release

Brazilian Jiu-Jitsu, wrestling, and grappling are contact activities involving inherent risks of serious injury. By signing, you acknowledge those risks and agree to the release stated below.

1. PARTICIPANT AND ACTIVITIES

I, or the minor participant for whom I am signing as parent or legal guardian, voluntarily choose to participate in activities offered, organized, or sponsored by Modus Grappling LLC ("Modus"), including Brazilian Jiu-Jitsu, submission grappling, wrestling, drilling, positional training, live rolling or sparring, takedowns, throws, breakfalls, pins, joint locks, chokes or strangles, conditioning, strength and mobility work, open mats, seminars, clinics, and related training activities (collectively, the "Activities"). This Agreement applies to participation at Modus facilities and at other locations where Modus conducts the Activities.

2. ACKNOWLEDGMENT AND ASSUMPTION OF INHERENT RISKS

I understand that the Activities involve unavoidable and inherent risks even when reasonable rules, instruction, supervision, equipment, and safety practices are used. Risks include falls; collisions with people, walls, mats, or equipment; awkward landings; overexertion; unexpected actions by training partners or other participants; and contact inherent in drilling, sparring, takedowns, throws, pins, submissions, joint locks, and chokes or strangles.

Potential injuries include bruises, cuts, mat burns, sprains, strains, dislocations, fractures, dental or eye injuries, concussions and other head injuries, neck or spinal injuries, joint or ligament damage, nerve injury, loss of consciousness, illness or infection, permanent disability, paralysis, and, in rare circumstances, death.

I knowingly and voluntarily accept and assume all inherent risks of the Activities in which I or the minor participant chooses to participate, whether known or unknown and whether specifically listed above or not. This assumption of inherent risk does not excuse Modus from duties that cannot lawfully be waived.

3. PARTICIPANT RESPONSIBILITIES AND SAFETY RULES

I agree to follow all reasonable safety rules, facility policies, and instructor directions communicated by Modus, whether verbally, in writing, electronically, or by posted notice, including reasonable updates made for safety or facility operations; train within my abilities; use reasonable control; respect a partner’s tap or verbal request to stop immediately; communicate injuries, limitations, or unsafe conditions; and stop participating when I believe continued participation is unsafe. I will not participate while impaired by alcohol, illegal drugs, or any substance that makes participation unsafe.

I am responsible for deciding whether I am physically able to participate and should seek medical advice when appropriate. I agree not to knowingly participate with a contagious skin condition or other communicable illness in a manner that creates an unreasonable risk to others.

4. CONCUSSION / HEAD-INJURY PROTOCOL

If Modus reasonably suspects that I or the minor participant has sustained a concussion or significant head injury, I agree that the participant will stop participating when directed. Modus may require written clearance from an appropriately licensed medical professional before permitting a return to training. I understand that return-to-participation decisions may be made conservatively for safety.

5. RELEASE AND WAIVER OF CLAIMS FOR ORDINARY NEGLIGENCE

TO THE FULLEST EXTENT PERMITTED BY OREGON LAW, IN EXCHANGE FOR BEING ALLOWED TO PARTICIPATE IN THE ACTIVITIES, I VOLUNTARILY RELEASE AND WAIVE CLAIMS FOR DAMAGES FOR INJURIES TO ME OR THE MINOR PARTICIPANT RESULTING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES THAT ARISES OUT OF THE ACTIVITIES.

The "Released Parties" are Modus Grappling LLC; Tigard Sub, LLC; Principal Real Estate Investors, LLC; KG Investment Properties, LLC; and each of their respective current and former members, managers, officers, employees, instructors, coaches, independent contractors, volunteers, agents, affiliates, successors, and assigns, but only to the extent each person or entity may lawfully be released.

I UNDERSTAND THAT THIS RELEASE INCLUDES CLAIMS ALLEGING THAT A RELEASED PARTY’S ORDINARY NEGLIGENCE CAUSED AN INJURY ARISING OUT OF THE ACTIVITIES, AND THAT I AM GIVING UP THE RIGHT TO SEEK DAMAGES ON SUCH A CLAIM.

6. CLAIMS NOT RELEASED

This Agreement does not release any claim that Oregon law does not permit to be released. Without limiting that statement, it does not release claims for: (a) greater than ordinary negligence, including gross negligence, reckless conduct, willful misconduct, or intentional torts; (b) negligence per se; (c) negligent maintenance or inspection of safety equipment supplied by an operator and used in connection with the Activities; (d) negligent safety-related training of an employee or agent whose conduct causes injury; (e) abuse, as defined by Oregon law, or physical or sexual assault of an adult; (f) negligent hiring, training, credentialing, supervision, or retention of an employee or agent whose injury-causing conduct is grossly negligent, reckless, willful, or intentional; or (g) operation or use of a vehicle, except when the vehicle is itself used as part of the Activity. Nothing in this Agreement eliminates a duty or remedy that cannot lawfully be waived.

7. HOLD HARMLESS / INDEMNITY FOR PARTICIPANT CONDUCT

To the fullest extent permitted by law, I agree to indemnify and hold the Released Parties harmless from third-party claims, liabilities, losses, or reasonable expenses to the extent caused by my or the minor participant’s negligent or intentional acts, or material violation of Modus safety or facility rules. This section does not require indemnification for a Released Party’s negligence or for any claim that cannot lawfully be shifted to me.

8. MEDICAL CARE AND EMERGENCIES

If I or the minor participant is injured or becomes ill, I authorize Modus personnel to contact emergency services and, when reasonably necessary, obtain or facilitate emergency medical care. I understand that Modus personnel are not required to provide medical diagnosis or treatment. I am responsible for medical expenses incurred on my or the minor participant’s behalf, except to the extent otherwise required by law or covered by applicable insurance.

9. PERSONAL PROPERTY

I am responsible for personal belongings brought to the facility. Modus is not an insurer of personal property. This provision does not waive liability that cannot lawfully be waived.

10. ELECTRONIC SIGNATURES, RECORDS, AND DURATION

I agree to conduct this transaction electronically. An electronic signature, checkbox acceptance, or signature captured through Modus’s membership-management system may execute this Agreement and have the same effect as a handwritten signature to the extent permitted by law. I consent to electronic delivery and retention of this Agreement and understand that I may save or print a copy. This Agreement applies to each participation in the Activities after signing and remains in effect until replaced by a later written agreement, but it releases only claims that may lawfully be released.

11. GOVERNING LAW; VENUE; SEVERABILITY

Oregon law governs this Agreement. Any legal action relating to this Agreement must be brought in a court of competent jurisdiction in Washington County, Oregon, unless applicable law requires otherwise. If any provision is held invalid or unenforceable, it will be limited to the minimum extent necessary, and the remaining provisions will continue to the maximum extent permitted by law.

12. ACKNOWLEDGMENT

I acknowledge that I have had an opportunity to read this Agreement, ask questions, and consider its terms before signing. I understand the nature of the Activities, the material risks described above, and the release of claims for ordinary negligence. I sign voluntarily and understand that participation is conditioned on signing this Agreement.

13. PARENT / LEGAL GUARDIAN AGREEMENT FOR MINOR PARTICIPANTS

If the participant is under 18, I represent that I am the participant’s parent or legal guardian and have authority to sign this Agreement. I consent to the minor’s participation, acknowledge and assume the inherent risks on the minor’s behalf, and agree to the release stated in Section 5 on behalf of the minor to the extent permitted by Oregon law.

I agree to instruct the minor to follow coaches’ directions, facility rules, tapping and stopping rules, and safety requirements. I authorize emergency medical assistance for the minor as described above when I cannot be reached promptly. All provisions concerning a minor apply only to the extent permitted by Oregon law.

14. PHOTO, VIDEO, AND MEDIA RELEASE

I authorize Modus and its agents to photograph, film, or otherwise record me or the minor participant during training, classes, events, and other Modus activities. I authorize Modus to use, edit, reproduce, publish, display, and distribute the participant’s image, voice, or likeness, with or without the participant’s name, for lawful training, educational, promotional, advertising, website, social-media, and other business purposes without additional compensation.

I waive any right to inspect or approve the finished materials and release Modus and its agents from claims arising from the authorized capture or use of these materials to the extent permitted by law. I understand and agree that this media authorization is a condition of participation. Any later written request to stop future recording or use will not affect materials already created, published, distributed, or committed for use before Modus accepts that request in writing.

PARTICIPANT AND SIGNATURE INFORMATION