WAIVER FORM
Assumption of Risk, Waiver, and Release from Liability
In consideration of being allowed to participate in classes and events offered by Fight Club Fitness, LLC, as well as for the use of the property, facilities and/or services of Fight Club Fitness, LLC, including any travel related thereto, the undersigned agrees as follows:
RISK FACTORS
The undersigned understands and acknowledges that the use of equipment and facilities provided by Fight Club Fitness, LLC and participation in programs (kickboxing, kickboxing fitness, Krav Maga, self-defense, kids and teens, Lil Octopi School of Self-Defense, and any other programs and services sponsored by Fight Club Fitness, LLC and/or non-sponsored activities occurring in the building or other designated locations) involves risk including, but not limited to the following: risk of property damage, bodily injury, including but not limited to permanent disability, paralysis and possibly death. These risks may result from the use of the equipment or facilities, from the activity itself, from the acts, omissions, or negligence of others or self, or from the unavailability of emergency medical care.
ASSUMPTION OF THE RISK
The undersigned voluntarily assumes all the risks that may arise out of or result from the use of the equipment or facilities, and/or participation in programs or activities, and/or the services of Fight Club Fitness, LLC, including those risks described above.
ACKNOWLEDGEMENT OF POLICIES AND PROCEDURES
The undersigned acknowledges reading and knowing all policies and procedures relating to the activities, facilities, and/or equipment and understands that the safe and proper use of facilities, equipment or participation in the activity is dependent upon carefully following such policies and procedures. The undersigned agrees to comply with and abide by all rules and regulations of Fight Club Fitness, LLC. The undersigned acknowledges that the policies and procedures may be amended at any time in the future with or without notice, and that it is the undersigned’s responsibility to periodically review the then-currently published policies and procedures and abide by them. Fight Club Fitness, LLC staff reserves the right to revoke or terminate the undersigned’s privileges for any violations of the rules and regulations of Fight Club Fitness, LLC or for any violations of the policies and procedures relating to the activities, facilities, and/or equipment of Fight Club Fitness, LLC.
PREREQUISITE SKILLS
The undersigned acknowledges that he or she has the requisite skills, qualifications, physical and mental ability necessary to properly and safely use the equipment, facilities, and to participate in any Fight Club Fitness, LLC activities. The undersigned agrees that if they have questions pertaining to the skills, qualifications, physical and mental abilities necessary to properly and safely use the equipment, facilities, and to participate in Fight Club Fitness, LLC activities, they will direct those questions to Fight Club Fitness, LLC staff.
RELEASE AND HOLD HARMLESS
The undersigned hereby releases, waives, indemnifies and holds harmless Fight Club Fitness, LLC and all its officers, trustees, directors, employees, and agents (hereinafter jointly referred to as “indemnitee”) from any and all claims, causes of action, suits, liability, losses, or damages for any property damage, property loss or theft, personal injury, death or other loss arising from or relating to the undersigned’s use of the property, facilities, and/or services of Fight Club Fitness, LLC.
REPRESENTATIVES
The undersigned enters into this agreement for him/herself, his/her heirs, assigns and legal representatives.
CONSENT FOR EMERGENCY TREATMENT
The undersigned, as a participant in the subject activity, hereby consents to medical treatment in a medical emergency where the undersigned is unable to consent to such treatment.
INSURANCE
The undersigned understands that neither Fight Club Fitness, LLC, nor Philadelphia Insurance Companies, will be responsible for any medical, health or personal injury costs relating to the undersigned’s use of the property, facilities and/or services of Fight Club Fitness, LLC. The undersigned is encouraged to have a medical physical examination and purchase health insurance prior to any and all participation.
GOVERNING LAW
This Assumption of Risk, Waiver, and Release from Liability Agreement shall be governed in all respects by the laws of the State of Alabama.
SEVERABILITY
If any term, clause, or provision of this Assumption of Risk, Waiver, and Release from Liability Agreement is held to be illegal, invalid or unenforceable, or the application thereof to any person or circumstance shall to any extent be illegal, invalid or unenforceable under present or future laws effective during the term hereof or of any provisions hereof which survive termination, then and in any such event, it is the express intention of the parties that the remainder of this Agreement, or the application of such term, clause or provision other than to those as to which it is held illegal, invalid or unenforceable, shall not be affected thereby, and each term, clause or provision of this Agreement and the application thereof shall be legal, valid and enforceable to the fullest extent permitted by law.
GUEST ATTENDANCE
Members may periodically be allowed to bring a guest (aka “buddy”) to the facility. It is hereby acknowledged and agreed that, in consideration of the guest being allowed to participate in classes and events offered by Fight Club Fitness, LLC, as well as for the use of the property, facilities and/or services of Fight Club Fitness, LLC, including any travel related thereto, the guest must complete this form prior to any participation in activity or use of facility associated with Fight Club Fitness, LLC. All sponsors must remain in the facility with guest during visit. Those under 19 are only permitted to participate with permission of a parental/legal guardian.
MEDIA
Fight Club Fitness, LLC produces informative and marketing materials in various media formats for the general public. To accomplish this important goal, Fight Club Fitness, LLC requests the undersigned to authorize it to utilize their name, likeness, voice, and/or performance, whether by motion picture, photograph, or quoted statements. In the interest of furthering the above purpose, the undersigned knowingly and willingly agrees to be bound by this authorization and release and agrees to Fight Club Fitness, LLC utilizing undersigned’s name, likeness, voice, and/or performance.
HEADINGS FOR CONVENIENCE
Sections of this Waiver have been labeled for the convenience of the Parties and such headings are not to be utilized for the purpose of construing the meaning of any provision of this Waiver.
FULL AND FINAL SETTLEMENT
This Waiver contains the entire agreement between the parties and the terms of this agreement are contractual and not a mere recital. The undersigned has been given the opportunity and has been encouraged by Fight Club Fitness, LLC to seek independent legal advice prior to executing this Waiver.
ACKNOWLEDGMENT
The undersigned has carefully read and fully understands this agreement and realizes it relates to surrendering and releasing valuable legal rights and does so freely and voluntarily.
Member’s Printed Name: {name} DOB: {dob}
Member’s Signature: Date: {sign_date}
Member’s Address: {address} Phone Number: {phone}
Member’s Emergency Contact Name: {contact_name}
Relationship: {contact_relation} Phone Number: {contact_phone}
CONSENT AND RELEASE ON BEHALF OF MINOR (If above is a minor)
I am the parent or legal guardian of the above named minor. I have read and understand this Assumption of Risk, Waiver and Release from Liability and understand it relates to surrendering valuable legal rights of the minor and myself. I agree to be bound by all the terms of this Assumption of Risk, Waiver, and Release from Liability. I also give my consent to the minor’s participation in classes and events offered by Fight Club Fitness, LLC, as well as for the use of the property, facilities and/or services of Fight Club Fitness, LLC, including any travel related thereto.
Fight Club Fitness