Release of Liability, Indemnity Agreement, Assumption of Risk Waiver, Medical Declaration & Release & First Aid Authorization, Photo/Video Consent, Binding Arbitration & Cost Responsibility, Severability & Governing Law & Consent.
PLEASE READ CAREFULLY AND DIGITALLY SIGN THIS DOCUMENT. BY INITIALING & SIGNING IT, YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS AND AGREE TO BE BOUND BY ITS CONDITIONS.
{name}
{address}
{phone}
{dob}
I acknowledge and agree that by initialing this Agreement and by signing my name at the end of this Agreement, I am providing an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ('E-Sign') and the Uniform Electronic Transactions Act ('UETA') and that this Agreement will be valid and enforceable.
WHO WE ARE: For the purposes of this Agreement, the "Company" is Teknique Boxing, LLC, and includes the Company's affiliates, parents, representatives, officers, managers, employees, owners, directors, agents, investors, members, instructors, outside trainers, independent coaches, agents, landowners, landlords, subsidiaries, franchisees, contractors, affiliated companies or entities, successors, heirs and assigns.
The Company is the supplier of instructional athletic activity (Boxing). I understand and am aware that boxing is a full contact sport and participation in them is a potentially hazardous activity. It also conducts related activities which are supplied in connection with the sport of boxing, including the use of equipment with and without weights, sparring (which will include sparring drills with other members or non-members from visiting gyms of different ages, sizes and skill level), long periods of walking and/or running, including but not limited to roads, sidewalks, parking lots, hills etc. I also understand that these activities involve risk of injury or even death, and that I am voluntarily participating in these activities. It has been advised that I should make provisions for coverage of liability within my own insurance policy.
WHAT YOU AGREE TO: In consideration for being permitted to participate at or through Teknique Boxing,LLC activities, I execute this Release of Liability, Indemnity Agreement, Assumption of Risk Waiver and Consent. (Agreement) on behalf of myself and any minors identified herein and in the membership application (collectively, "Members"), and I confirm any minor member listed hereby agree to the following conditions:
RELEASE OF LIABILITY & INDEMNIFICATION
A. To the fullest extent permitted by law, I hereby waive, release, discharge, and covenant not to sue Teknique Boxing, LLC; its corporate-owned locations; independently owned and operated franchise locations; officers; directors; employees; contractors; vendors; volunteers; agents; representatives; successors; and assigns (collectively “Released Parties”) from any and all liability, claims, demands, actions, or causes of action arising out of or related to my participation in activities. I further agree to indemnify, defend, and hold harmless the Released Parties from any claims, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) brought by or on behalf of myself, my children, my guests, or any third party arising from my participation or conduct in activities.
B. Guest Participation: I understand that individuals who are not enrolled Members of Teknique Boxing (“Guests”) may participate in activities, including sparring or training. I acknowledge that Teknique Boxing is not responsible for the conduct, negligence, or actions of any guest. If I bring a guest, I agree to indemnify and hold harmless Teknique Boxing and all Released Parties from any claims arising from that Guest’s participation.
ASSUMPTION OF RISK
C. I understand and acknowledge that boxing, fitness training, sparring, strength and conditioning, and related activities involve inherent risks, including but not limited to physical contact, falls, collisions, use of equipment, strenuous exertion, illness (including communicable diseases), and potential for serious injury, disability, or death. I further understand that activities may at times be conducted outside of gym premises, including but not limited to roads, sidewalks, parking lots, and hills, and I voluntarily assume all risks associated with these activities. I freely and voluntarily choose to participate, fully accepting all risks, whether known or unknown.
D. PREGNANCY ACKNOWLEDGEMENT & RELEASE If I am pregnant, may become pregnant, or have the ability to become pregnant, I assume all risks associated with participation, whether I am aware or unaware of my pregnancy at the time of participation. I release Teknique Boxing, LLC, its locations, staff, instructors, and affiliates from any liability, claim, or damages resulting from participation while pregnant, including any injury, illness, complications, or adverse outcomes to myself or a fetus. I acknowledge that it is my sole responsibility to determine my fitness for participation and to consult a physician as necessary.
MEDICAL DECLARATION & RELEASE & FIRST AID AUTHORIZATION
E. I represent and warrant that I am in good physical condition and have no medical condition, impairment, disease, or illness that would prevent my safe participation in activities. I acknowledge that it is solely my responsibility to consult with a physician before participating in activities and to determine whether I am medically, physically, and mentally fit to do so. I assume full responsibility for any injury, illness, or medical condition that may arise or worsen as a result of participation. I understand that Teknique Boxing, LLC and its franchise locations are not medical providers and make no representations regarding my fitness for participation. In the event of a medical emergency, I authorize Teknique Boxing to obtain emergency medical care on my behalf if deemed necessary, and I agree to be solely responsible for all related costs.
F. I consent to allow Teknique Boxing, LLC and its franchise locations, at their sole discretion, to provide minor first aid or treatment (such as a bandage, ice pack, or cleaning a small wound) if deemed appropriate. I release Teknique Boxing, LLC from any liability related to provision, omission, or outcome of medical care.
PHOTO/VIDEO CONSENT
G. I do hereby grant permission to Teknique Boxing, LLC and its franchise locations and designees the irrevocable right to take and use my photograph and or video imaging as a part of their printed material, social media, website and any promotional, business or educational use to include marketing advertisement. I hereby waive all rights to approve the finished product. I also release Teknique Boxing, LLC from any rights to royalties or other compensation associated with any forms of damages, foreseen or unforeseen, associated with the use of the images or videos.
BINDING ARBITRATION & COST RESPONSIBILITY
H. Any dispute, claim, or controversy arising out of or relating to this Agreement, including issues of enforceability, shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association (AAA). Arbitration shall take place in the county of the Teknique Boxing location where the claim arises. The party initiating the complaint shall be solely responsible for all costs associated with AAA arbitration, including filing fees, administrative costs, arbitrator compensation, and any legal costs or attorneys’ fees incurred by Teknique Boxing, LLC or its franchisees. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
SEVERABILITY & GOVERNING LAW
I. If any provision of this Agreement is found to be invalid or unenforceable, the remainder shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
ACKNOWLEDGMENT OF UNDERSTANDING- IMPORTANT READ BEFORE SIGNING
I HEREBY ACKNOWLEDGE BY SIGNING THIS ON BEHALF OF MYSELF AND/OR THE MINOR LISTED ON THIS AGREEMENT AND ON MEMBERSHIP APPLICATION, I VOLUNTARILY AGREE TO BE BOUND BY THE RELEASE OF LIABILITY, IDEMNITY AGRREEMENT, ASSUMPTION OF RISK WAIVER, MEDICAL DECLARATION & RELEASE & FIRST AID AUTHROIZATION, PHONE/VIDEO CONSENT, BINDING ARIBITRATION & COST RESPONSIBILITY, SEVERABILITY & GOVERNING LAW & CONSENT.
I UNDERSTAND I AM WAIVING SUBSTANTIAL LEGAL RIGHTS FOR MYSELF AND/OR MINOR, INCLUDING ALL OTHER TERMS ABOVE INCLUDING THE RIGHT TO SUE.
*If the participant is under 18, a parent or legal guardian must sign on their behalf.
Minneola
