Agreement and Release of Liability

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Gillian Taylor
5 years ago
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1 Agreement and Release of Liability MARTIAL ARTS TRAINING / WRESTLING AND FITNESS TRAINING ARE INHERENTLY DANGEROUS AND PHYSICALLY DEMANDING. IF YOU HAVE EXISTING MEDICAL CONDITIONS, BACK PROBLEMS, A HEART CONDITION, OR ARE PREGNANT, YOU COULD BE AT GREAT RISK. PLEASE CONSULT YOUR PHYSICIAN BEFORE PARTICIPATING IN ANY ACTIVITY. Safety is the highest priority for everyone at The LAB Scottsdale, LLC, an Arizona limited liability company and North Phoenix Wrestling Club, a 501(c)3 non-profit corporation (referred together as TLS ). TLS has a zero-tolerance policy for the consumption of drugs or alcohol on its premises. Swearing or generally rude behavior toward the staff or other participants will not be tolerated. Failure to comply with any staff request will result in the suspension or termination of your privileges; it is for your safety that staff instructions and decisions are final. Repeat offenses may result in a permanent ban from the TLS premises. In consideration of allowing me to participate in any way in the activities of TLS at its school (the Property ), and on behalf of myself, my family members under the age of 18, my personal representatives, heirs, next of kin, successors and assigns: 1. I acknowledge, agree and represent that I have inspected the Property and deem such Property as being safe and reasonably suited for my intended purpose or that of my family members under the age of 18. If at any moment I feel anything inside the Property to be unsafe, I will immediately advise TLS personnel of such and will immediately leave the Property. 2. I hereby assume all responsibility all liability for all acts or activities of myself and or for that of my family members under the age of 18 for any and all actual, alleged to threatened bodily injury, death, or property damage that may be caused by me or by my properties, or possessions, including, but not limited to, actions in any way arising out of or resulting from participation in martial arts or physical fitness activities (including without limitation therapeutic massage, stretching or similar calisthenics) and including actual,

2 alleged or threatened inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, any fungi or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage. 3. I hereby release, waive, discharge and covenant not to sue The LAB Scottsdale, LLC, an Arizona limited liability company, North Phoenix Wrestling Club, a 501(c)3 non-profit corporation, ( TLS ) and its member owners, officers, agents, members, or employees, its landlord, or its affiliated Licensor Smoothhouse, LLC or AZ Muay Thai LLC, and their successors or assigns (all hereinafter referred to as the Indemnified Parties ) for, from and against any and all liability to me or that of my family members under the age of 18, my personal representatives, heirs, next of kin, successors and assigns, or any third party for all harm, loss, liability, damages or costs (including, without limitation, attorneys fees and costs) for bodily injury, death, or property damage that may be caused by me or by my properties, or possessions, including, but not limited to, actual, alleged or threatened actions in any way arising out of or resulting from participation in martial arts activities or physical fitness activities (including without limitation therapeutic massage, stretching or similar calisthenics), whether any such claim may be based upon alleged active or passive negligence, whether caused by me, one of the Indemnified Parties, another customer, or otherwise, or upon any alleged breach of any statutory duty or obligation. I hereby further declare myself and or that of my family members under the age of 18 training in a program at TLS, to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in these activities or use of equipment or machinery. I hereby acknowledge that I have been informed of the need for a physician's approval for my participation in the exercise activities, programs and use of exercise equipment. I also acknowledge that it has been recommended that I or that of my family members under the age of 18 have a yearly or more frequent physical examination and consultation with my physician as to physical activity, exercise and use of exercise equipment. I acknowledge that either I or that of my family members under the age of 18 have had a physical examination and

3 have been given my physician's permission to participate or I have decided to participate or allow that of my family members under the age of 18 to participate in the exercise activities, programs and use of equipment without the approval of my physician and do hereby assume all responsibility for my participation in said activities, programs and use of equipment without the approval of my physician and do hereby assume all responsibility for my or that of my family members under the age of 18 participation in said activities, programs and use of equipment. I understand that in case of injury, the only medical treatment "TLS" will provide is first aid.4. I hereby agree to indemnify and hold harmless any of the Indemnified Parties for, from and against any and all harm, loss, liability, damages or costs (including, without limitation, attorneys fees and costs) they may incur due to any and all actual, alleged or threatened lawsuits, claims, regulatory proceedings, investigations, arbitrations or other proceedings brought against the Indemnified Parties arising out of my injury or death or damage to property that may incur while I or that of my family members under the age of 18 are in the Property or any claims brought by third parties and whether caused by me or that of my family members under the age of 18, the Indemnified Parties, another customer or otherwise. 5. I hereby acknowledge and agree that the activities taking place in the Property are dangerous and involve the risk of serious injury and/or death and/or paralysis and/or property damage, and that the activities may become more hazardous or dangerous during the time I am at the Property. I am aware of all the risks and hazards inherent with participating in activities at TLS. I also expressly acknowledge and agree that injuries received may be compounded or increased by negligent rescue operations or procedures of the Indemnified Parties. This Waiver shall extend to all negligent acts by the Indemnified Parties, including, without limitation, negligent rescue operations, and is intended to be as broad and inclusive as is permitted by the laws of the State of Arizona and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. 6. I agree to allow TLS to utilize my name or that of my family members under the age of 18, and/or image and/or likeness in connection with any promotional or other activities, including, without limitation, in any and all

4 media such as television, film, video, audio, print and electronic form. The undersigned hereby consents to the use of these photographs, audio recordings and/or videos and other digital or printed media without compensation from TLS its owners' and affiliates' websites or in any editorial, promotional or advertising material produced and/or published by TLS, its owners and affiliates. 7. TLS does not provide medical or liability insurance, all applicants must have their own valid medical insurance coverage. TLS reserves the right to revoke all rights and privileges pertaining to participant s involvement in, or related to, its activities. 8. THE MAXIMUM AMOUNT OF LIABILITY TO BE CHARGED TO TLS SHALL BE THE AMOUNT OF FEES PAID BY ME TO TLS FOR THE GOODS AND SERVICES PROVIDED BY TLS, REGARDLESS OF THE NATURE OF THE CLAIMS MADE BY ME, MY HEIRS OR REPRESENTATIVES, WHETHER STATED IN TORT OR IN CONTRACT, AND WHETHER TLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. IN NO EVENT SHALL TLS BE LIABLE FOR DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES. 9. In signing this Enrollment Waiver Form, I and or my family members under the age of 18 (Collectively "I"), acknowledge and represent: a. I am at least 18 years of age or am signing as a parent or legal guardian for a family members under the age of 18; b. I have read the foregoing, understand it, and sign voluntarily; c. I am not pregnant; d. I do not suffer from high blood pressure, a heart condition, back problems, or any other medical condition that may be aggravated by participating in martial arts activities or physical fitness; e. I will refrain from engaging in negligent, reckless, willful or wanton conduct during my participation at TLS Property. f. I have read, understand, and will obey all rules and regulations of TLS; g. I will closely observe and follow the instructions of all posted signs and TLS personnel; and

5 h. This Enrollment Waiver Form is continuing and shall remain in effect for this and future visits to TLS. i. I understand that "TLS", providing and maintaining an exercise/fitness program for me does not constitute an acknowledgment, representation or indication of my physiological well-being or a medical opinion relating thereto. Other Policies and Procedures Food, Drinks & Gum: are not permitted in the gym. Water and sports drinks in a sealed container with a cap are allowed. Sports drinks such as Gatorade that consist only of carbohydrates/sugars should not be used except in extreme issues of metabolic diseases as diagnosed and prescribed by a licensed physician. As part of our educational program, we need to enforce this lesson with policy as nutrition is important to optimal health and performance and to avoid potential issues of hypoglycemia while training. Please hydrate well before and after each training session. ENROLLMENT WAIVER FORM By voluntarily affixing my signature below, I warrant that I have read and understand all of the foregoing, that I have given up substantial rights by signing it, and have signed it freely and voluntarily without any inducement, assurance, guarantee, or other oral representation being made to me, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I am not under their influence of any drugs, alcohol, or other intoxicants. I am not suffering from any illness or incapacity. Wrestler Name Parent/Guardian Signature Parent/Guardian Name

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