This document has two variants: a capoeira-fighter waiver (full contact-sport assumption of risk) and a music-performer waiver (lighter risk profile, identical likeness release). Most of the content below is shared; the differences are set out in § 6.
Presentation and execution
- Sent when: after successful registration approval, before tournament check-in.
- Required to: compete in the tournament. Refusal = no participation.
- Form: electronic acknowledgment with auditable timestamp + IP + ToS/waiver version persisted server-side. Re-acknowledgment at venue check-in (see § 5) for belt-and-suspenders enforceability.
- Bilingual: PT-BR primary, EN secondary. Both versions binding; PT-BR controls in case of dispute (governing law is Brazilian and primary audience is Brazilian residents).
1. Governing principles
Brazilian courts uphold assumption-of-risk for inherently dangerous voluntary activities (extreme sports, martial arts, contact sports) when:
- Risks are clearly and specifically disclosed
- Participation is genuinely voluntary
- The waiver does NOT cover gross negligence (
culpa grave) or willful misconduct (dolo) - The waiver does NOT cover violations of mandatory safety/regulatory obligations
- The clause is not abusive under CDC Art. 51
Brazilian law (CC Art. 942, CDC Art. 25) preserves liability for the organizer's own negligence in providing safe event conditions (venue safety, medical staff presence, equipment standards). This Waiver covers the inherent risks of capoeira as an activity; it does not release Pau Brasil from its own organizational duties.
Image and likeness rights are governed by:
- Federal Constitution Art. 5, X — image as personality right
- Civil Code Art. 20 — image use requires authorization; consent may be granted for specific purposes
- Súmula 403 STJ — unauthorized commercial use of image generates damages regardless of injury proof
2. Release of liability
2.1 Acknowledgment of risks (capoeira variant)
- Capoeira is a contact martial art involving strikes, kicks, takedowns, sweeps, and acrobatic movement
- Risks include but are not limited to: bruises, cuts, sprains, strains, ligament damage, broken bones, joint dislocations, head trauma and concussion, dental injury, loss of consciousness, permanent disability, and in rare cases death
- Risks also include: cardiac events triggered by exertion, heat-related illness, respiratory events, exacerbation of pre-existing conditions
- Risks may arise from the participant's own actions, the actions of opponents, equipment failure, venue conditions, or interactions with other participants
2.2 Voluntary participation
- Participant confirms they are participating voluntarily
- Participant confirms they are physically fit to compete and has consulted a physician if appropriate
- Participant confirms they have disclosed all relevant medical conditions during registration
2.3 Assumption of inherent risks (narrow scope)
- The participant voluntarily assumes the inherent risks of competing in capoeira (or, for music performers, of performing music as a competitive ensemble), as disclosed in § 2.1.
- "Inherent risks" means risks intrinsic to the sport or performance discipline itself — including risks arising from another participant's actions during a match or performance, the participant's own actions, the participant's physical condition, and the unpredictable nature of competition — that would exist even if the event were organized with reasonable care.
- Pau Brasil and the released parties remain responsible for their own organization of the event, including venue safety, presence and competence of medical staff, equipment standards, judging integrity, and compliance with applicable safety law. The participant does NOT release the released parties from responsibility for those event-organization duties.
- The participant agrees that the inherent risks have been clearly disclosed and understood.
2.4 Release — narrow scope, organizer responsibility preserved
Released parties (named explicitly):
- Pau Brasil, LLC (and successor Brazilian operating entity)
- ButterTrip, LLC (as platform operator)
- The local Brazilian operating entity (once named)
- Event venue operators
- Event medical staff (in their official capacity)
- Other participants
- Sponsors of the event
- Officers, directors, employees, agents, and contractors of all of the above
Scope of release: claims arising from the inherent risks of the sport or performance discipline as defined in § 2.3, including without limitation claims that arise from another participant's actions during a sanctioned match or performance, the participant's own actions, and the unpredictable physical or performance environment.
NOT released (organizer responsibility preserved): any claim arising from any released party's organization of the event itself, including without limitation:
- Failure to provide a reasonably safe venue
- Failure to provide reasonably competent on-site medical response
- Failure to maintain equipment to applicable standards
- Failure to comply with statutorily required safety conditions
- Gross negligence (
culpa grave), willful misconduct (dolo), or fraud of any released party - Any matter where Brazilian consumer protection law (CDC) would invalidate a release, including without limitation CDC Art. 25 and Art. 51
- Any matter where mandatory labor or social-security law applies
2.5 Medical authorization
- Participant authorizes event medical staff to provide emergency medical care
- Participant authorizes transport to medical facilities at participant's expense if event medical staff determine it necessary
- Participant authorizes release of medical information to treating providers and to event organizers as necessary for safety
2.6 Indemnification
- Participant agrees to indemnify and hold harmless the released parties for claims arising from participant's own conduct that injures third parties or damages property
- Standard carve-outs apply (not for released parties' own gross negligence)
2.7 Insurance
- Participant represents they have or have considered personal medical/accident insurance
- Event-provided insurance (if any) is supplementary, not primary
3. Athlete likeness release
3.1 Mandatory grant (condition of competing)
The participant grants to Pau Brasil and its affiliates the perpetual, worldwide, royalty-free right to:
- Capture photographs, video, and audio during the tournament, including warm-up, competition, ceremonies, and venue presence. (Biometric data — facial-recognition templates used solely for identity verification at registration and check-in — is collected separately under specific LGPD-compliant consent and is NOT part of this mandatory grant.)
- Broadcast live and on-demand via any medium (television, internet streaming, social media, YouTube embed, future watch pages)
- Archive indefinitely for historical and operational purposes
- Reproduce, edit, and distribute highlight clips, summaries, and recap content
- Use the captured content for promotion of:
- The specific tournament
- The Pau Brasil tournament series and platform specifically
- (NOT covered by mandatory grant: promotion of capoeira generally as a sport, promotion of capoeira groups/lineages/mestres, promotion of competing platforms — these require separate specific consent)
- Identify sponsors of the tournament alongside the content (logo overlays, billboards, branded segments)
- Sub-license to (i) broadcasters, (ii) streaming partners, and (iii) sponsors of the specific tournament being covered, for tournament-related coverage and promotion only. Perpetual or non-tournament-specific sub-licensing requires separate specific consent.
3.2 Explicit opt-in (NOT condition of competing — separate consent required)
The following uses are NOT covered by the mandatory release and require separate, specific consent at the time of use:
- Individual commercial endorsements (the athlete as product, not the event as product)
- Third-party sponsor campaigns using the athlete's likeness specifically as the focal point
- Merchandise bearing the athlete's name, face, or likeness (jerseys, posters, trading cards)
- Video game or other interactive media depictions
- Use of the athlete's likeness to promote products or services unrelated to Pau Brasil or the tournament series
These uses, when desired, are negotiated separately (typically with revenue share). The mandatory release does NOT preclude the athlete from independently licensing their likeness commercially elsewhere.
3.3 Identification data (handled separately under LGPD)
- Photo and biometric templates at registration / check-in are sensitive personal data under LGPD Art. 5, II
- Used solely for: verifying identity at registration and check-in, preventing impersonation, and maintaining official tournament records
- Collected under separate specific consent at the registration form's sensitive-data section
- NOT used for broadcast, promotion, or any media purpose — the mandatory § 3.1 grant does not cover biometric data
- Retention and access controls are governed by the Privacy Policy § 4.2 (sensitive personal data) and § 9 (unified retention matrix). Specifically: 12 months after most recent tournament participation or Account closure, whichever first. The matrix in PP § 9 controls in case of conflict with any retention period stated in this Waiver.
3.4 Moral rights and attribution
- Pau Brasil will, where reasonably practical, attribute the athlete by name in connection with content used under § 3.1
- Nothing in this Waiver diminishes the athlete's rights of personality, image, or attribution under Brazilian law (Federal Constitution Art. 5, X and Brazilian Civil Code Art. 20)
- Participant cannot retroactively revoke consent for content already published in good-faith reliance on the release
- Future use of specific content ceases upon the athlete's written request under the objective process in Terms of Service § 7.8, which sets out eligible grounds, request format, Pau Brasil's response timeline (30 days), and escalation paths (ANPD complaint, judicial relief, DSAR workflow)
3.5 No misappropriation
Pau Brasil agrees NOT to use the likeness in a way that:
- Falsely implies the athlete's endorsement of a product or service outside the mandatory grant scope
- Depicts the athlete in a defamatory or dignity-harming context
- Violates the athlete's moral or religious sensitivities (explicit carve-outs for religious imagery and political messaging apply)
4. Signature and acknowledgment requirements
- Electronic signature with timestamp, IP address, user agent, and ToS/waiver version persisted server-side
- Audit log retained for the statute-of-limitations window (Brazilian general civil claims: 10 years; consumer claims: 5 years from awareness) — practical retention: 10 years post-tournament
- The full waiver text is displayed on screen; it is not collapsed behind a "read more" — full visibility is part of informed consent
- Scroll-to-bottom enforcement before the acknowledgment checkbox is enabled
5. Re-acknowledgment at venue check-in
A brief re-acknowledgment occurs at venue check-in (physical or tablet-based), summarizing the key risks and re-confirming consent. It is NOT a re-signature of the full document — a short attestation that the participant has read, understood, and re-confirms the previously signed waiver.
6. Music performer release variant
Applies to participants in the Competição Musical pathway. The structure mirrors the capoeira waiver above, with the following substitutions and additions.
6.1 Assumption-of-risk substitutions
The capoeira risk list in § 2.1 is replaced with a music-performer risk list:
- Music performance at competition events involves physical risks, including but not limited to:
- Stage falls, trips, and equipment-related accidents
- Audio equipment failure (cables, stands, amplification)
- Hearing damage from amplified sound
- Repetitive strain injuries (RSI) from instrument use
- Voice strain or vocal injury (singers)
- Heat-related illness or dehydration under stage lights
- Exacerbation of pre-existing conditions
The release, indemnification, medical authorization, and carve-outs in §§ 2.3–2.7 apply identically.
6.2 Likeness release — applies in full
§ 3 (Athlete likeness release) applies identically to music performers. Broadcast, archive, and tournament-related promotion of music performances triggers the same image-rights concerns as athletic broadcast. Music performers grant the same mandatory release for tournament-context use; commercial uses outside that scope require separate consent.
6.3 Audio recording rights — additional grant
In addition to the standard likeness release, music performers grant Pau Brasil the right to:
- Record audio of their performances (live and rehearsal)
- Broadcast and archive the audio alongside video or as standalone audio
- Distribute audio clips for tournament-related promotion
Opt-in is required for:
- Commercial album or streaming releases of performances (Spotify, Apple Music, etc.)
- Use of audio in advertising for products or services unrelated to Pau Brasil
6.4 Composition / copyright attestation
The performer represents and warrants that they have a good-faith belief that they hold the necessary rights to perform any compositions at Pau Brasil events (original work, properly licensed, or public domain).
Broadcast-related licensing. Pau Brasil bears primary responsibility for obtaining broadcast-related licenses (mechanical, synchronization, performance, ECAD or equivalent collective management rights) required for Pau Brasil's distribution of recordings. The performer is not responsible for obtaining broadcast-related licenses unless they knew or should have known that a specific composition was subject to a clearance obligation that has not been satisfied.
Limited indemnification. The performer's indemnification of Pau Brasil is limited to claims arising from the performer's knowing or reckless misrepresentation of their rights to perform a specific composition. The performer is NOT required to indemnify for unwitting compositional licensing issues or for failures of Pau Brasil's own broadcast clearance process.
For original compositions performed at Pau Brasil events:
- The performer retains the underlying copyright in the composition
- The performer grants Pau Brasil the right to broadcast, archive, and use the recording for tournament-related purposes (same scope as image release)
- Commercial recording / licensing of the composition for non-tournament purposes requires a separate licensing agreement
For cover or traditional songs:
- The performer represents the works are public domain, properly licensed for performance, or covered by appropriate mechanical/synchronization licenses to the best of their good-faith knowledge
- Pau Brasil's broadcast clearance process is responsible for confirming that broadcast/distribution licenses are in place; Pau Brasil reserves the right to require documentation of licensing for non-public-domain works in connection with that clearance process
6.5 Team-of-individuals rule
Each individual member of a music ensemble must execute their own waiver and likeness release. A team leader cannot sign on behalf of other members.