MORAMARCO LLC, a limited liability company organized under the laws of the State of Florida since February 5, 2025 (the “Novus Jiujitsu”), and its Customer (collectively, the “Parties”), agree as follows:
Release and Waiver of Liability, Assumption of Risk
In consideration of the money paid by the undersigned Customer for services provided by Moramarco LLC, a Florida Limited Liability Company d/b/a Novus Jiujitsu I, the Customer or parent/legal guardian of the minor Customer, agree to the following:
Assumption of Risk
I understand and acknowledge that participation in martial arts activities involves inherent risks and dangers that could result in serious bodily injury, partial or total disability, paralysis, or even death. These risks may be caused by my own actions or inactions, the actions or inactions of others, or the negligence of those involved with the academy.
I have been instructed to inspect all facilities and equipment prior to participation. If at any time I believe something is unsafe, I will immediately advise staff and refuse to participate further. I voluntarily accept and assume these risks and responsibility for any losses or damages, including those resulting from injury, disability, or death, regardless of cause.
Release and Waiver of Liability
I HEREBY WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Novus Jiujitsu, its owners, managers, promoters, employees, and all other affiliates from all liability to me, my personal representatives, heirs, and next of kin for any and all claims whether in law or equity, demands, losses, or damages for any injury, death, or property damage resulting from my participation in the martial arts program or from the services provided by Novus Jiujitsu, whether caused in whole or in part by the negligence, actions, omissions, of Novus Jiujitsu or otherwise.
I expressly acknowledge that the activities are VERY DANGEROUS and involve the risk of serious injury or death. I also acknowledge that any injuries I receive may be compounded by negligent rescue operations or procedures of the Novus Jiujitsu
Image and Video Release
I understand that Novus Jiujitsu loves to showcase the dedication of its Customers. I acknowledge and agree that Novus Jiujitsu may capture and use my likeness (or the likeness of the minor Customer) in photographs, videos, or other media for marketing and promotional purposes. This may include use on the Novus Jiujitsu’s website, social media platforms (such as Instagram, Facebook, and YouTube), and in print advertisements.
I have read this RELEASE AND WAIVER OF LIABILITY, and ASSUMPTION OF RISK agreement fully understand its terms, and have signed it freely and voluntarily. I intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
Arbitration Agreement
The Parties agree that, except for disputes solely concerning the Customer’s payment for the Novus Jiujitsu’s services, all other disputes shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to the following terms, which shall prevail over any conflicting provisions in the then-current AAA rules:
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a. The arbitration shall be conducted by a single arbitrator, who shall have the authority to decide all issues, including arbitrability, venue, and the awarding of equitable and economic relief.
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b. Arbitration shall be conducted virtually, electronically, or remotely if either Party elects to do so. If an in-person hearing is required, it shall take place in Broward County, Florida, at a location selected by the arbitrator. The hearing shall not exceed two days or ten total hours, with the arbitrator allocating time between the Parties. Each Party may present a maximum of two witnesses.
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c. Discovery shall be expedited and limited as determined by the arbitrator. No depositions, dispositive motions, or expert witnesses shall be permitted in any case, including but not limited to disputes involving negligence, intellectual property, personal injury, or professional or medical malpractice.
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d. Each Party shall bear its own attorney’s and arbitrator fees. The initiating Party shall be responsible for all arbitration-related costs and fees (including arbitrator fees) throughout the proceeding. The arbitrator shall not award attorney’s fees, arbitrator fees, or any other costs against the non-initiating Party.
Waiver of Court Proceedings
The Parties waive the right to bring any claim or dispute covered by or related to this Agreement in court, including the right to participate in any class or collective action.
Waiver of Jury Trial
By agreeing to binding mutual arbitration of all individual claims under this Agreement, both Parties waive the right to a trial by jury. The arbitrator shall apply the laws of the State of Florida and, where applicable, the law of the Eleventh Federal Circuit.
Digital Execution
This Agreement may be executed electronically and shall be deemed valid and enforceable as if executed in writing.
