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WAIVER AND RELEASE OF LIABILITY

IN CONSIDERATION OF the risk of injury that exists while participation in FITNESS CENTER ACTIVITIES (hereinafter the “Activity”); and

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor”, “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into the WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or cause of action of any kind arising out of my participation in the Activity; and

I HEREBY release and forever discharge RT Kickboxing 5681 Snell Avenue, Suite #2, San Jose, California 95123, their affiliates, manager, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively “Releasees”). From any physical or psychological injury that I may suffer as a direct result of my participation in the Activity. 

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THE IS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize RT Kickboxing to provide all emergency medical care deemed necessary, including but not limited to , first aid, CPR, the use of AED’s, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of RT Kickboxing's official or agent, regarding my approval to participate in the Activity.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THESE “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE RT Kickboxing AND ALL OF ITS AFFILIATES, MANAGER, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS,

SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSE OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST RT Kickboxing FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statue or case law does not prohibit release for ordinary negligence, this release is also for such negligence on the part of  RT Kickboxing, its agents, and employees. 

I agree that this Release shall be governed for all purposes by California law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.

In the event that any damage to equipment or facilities occurs as a result of my or my family’s or my agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions or neglect or recklessness.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

THIS AGREEMENT was entered into at arms-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, {name} and RT Kickboxing agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

In the event of an emergency, please contact the following person(s) in the order presented {contact_name}
{contact_phone}
{contact_relation}

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.

Participant’s Name: {name} Participant’s Address: {address}

PARENT / GUARDIAN WAIVER FOR MINORS

In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent/guardian, as follows:
I HEREBY CERTIFY that I am the parent or guardian of , named above, and do hereby give my consent without reservation to the foregoing on behalf of this individual.

Parent / Guardian Name: Relationship to Minor Date:

This MEMBERSHIP AGREEMENT (this “Agreement”) is entered into {start_date} (the “Effective Date”), by and between RT Kickboxing (the “Gym”), and {name} (the “Member”).

1. Binding Agreement: This Agreement sets forth the terms and conditions under which the Member shall have access to  classes provided by the Gym. By signing below, Member agrees to be bound by all of the terms and conditions set forth in this Agreement.

2. Term: Unless earlier terminated in accordance with Section 3, after the Initial Term, this Agreement shall continue in effect on a month to month basis (each, a “Subsequent Monthly Term” and together with the Initial Term, the “Term”) until 30 days after Member delivers written notice of termination to the Gym at the address set forth above (or such other address as the Gym shall notify Member in writing). Each Subsequent Monthly Term shall begin on a monthly anniversary of the Effective Date and end at the close of business on the day immediately prior to the next monthly anniversary of the Effective Date. 

3. Termination: This Agreement may be terminated by the Gym (i) at any time if Member breaches this Agreement; or (ii) 30 days after the Gym delivers written notice of termination to Member. This Agreement may be terminated by Member (or Member’s estate) by delivering written notice of termination to Gym, at the address set forth above (or such other address as the Gym shall notify Member in writing): (a) if Member dies during the Term; (b) if Member becomes disabled (i.e., a condition that is verified in writing by a physician, which precludes Member from physically using the facilities) during the Term and provides written evidence thereof (including a writing verified by a licensed physician) to Gym; or (c) Member moves Member’s residence more than 25 miles from the Gym. 

4. Pricing: The Gym offers a {membership_title} for a price of {membership_fees} per {membership_recurrence}.

5. Payment: As of the Effective Date, Member has paid to the Gym the sum of {membership_fees} (the “Payment”), which covers the period beginning on the Effective Date and ending the last day of the Initial Term. On or prior to the first day of each Subsequent Monthly Term, Member shall pay to the Gym the sum of {membership_fees}, and hereby authorizes and directs the Gym or its agents to charge the payment to the Member automatically.

6. Instruction: Member’s ability to attend classes and receive instruction at the Gym each {membership_recurrence} is conditioned on the Gym's receipt of the Payment for such {membership_recurrence}. The Gym shall have the right to suspend Member’s membership at any time and from time to time during any period that Member is not current in the Payment. All instruction shall be provided at the Gym's business located at 5681 Snell Avenue, Suite #2, San Jose, CA 95123 or at such other location determined by the Gym in its sole discretion. All instruction shall be offered at such times as determined by the Gym in its sole discretion. The Gym reserves the right to change its class schedule or the frequency thereof at any time and from time to time without advance notice to the Member.

7. Policies and Rules: Member hereby acknowledges that the Member has read and understands the Gym’s rules and procedures (the “Gym Rules”). The Member further acknowledges that the Gym has the right to change the Gym Rules at any time and for any reason. The Member hereby agrees to comply with and be bound by the Gym Rules, as the same may be amended from time to time. 

8. Representation of the Gym. Member agrees that Member shall not, without the prior written consent of the Gym, hold himself or herself out publicly as representing the Gym in any manner, including, but not limited to, as a professional or amateur fighter, in martial arts or other combat tournaments, etc. 

9. RELEASE OF LIABILITY.

(a) The Member acknowledges that participation in fitness instructional classes and activities involves intense, stressful and strenuous exercise and physical contact, which carry with them a high degree of risk and can result in serious physical or emotional injury, including, but not limited to, paralysis, death, bruises, bloody noses, unconsciousness, soft tissue

damage, broken bones, heart attacks and other cardiovascular injury, and other serious damage to person or property. The Member further acknowledges that such risks cannot be eliminated without jeopardizing the essential qualities of the activity.

(b) The Member confirms that the Member has been made aware of the above risks as well as other risks associated with participating in fitness instruction, and that member is hereby assuming such risks voluntarily. 

(c) The Member hereby releases and agrees to indemnify and hold the Gym and its officers, directors, managers, members, partners, employees and agents and their respective affiliates harmless from any and all claims and liabilities of any kind or nature arising out of, or related to, member’s participation in the Gym’s classes and curriculum, including, but not limited to, any claims based on the Gym’s negligence. 

(d) The Member certifies that the Member has, and at all times during the term will have, adequate insurance to cover any injury or damage suffered as a result of attending Gym classes. alternatively, Member certifies that the Member has, and during the term will continue to have, the means to self insure against such injury or damage. The Member further certifies that the Member has no medical condition which could interfere with the Member’s safe participation in Gym classes. 

10. Counterparts; Facsimile Signatures: This Agreement may be executed in one or more counterparts and delivered by facsimile signature, each of which shall be considered an original and all of which, together, shall be deemed one and the same agreement.

11. Entire Agreement: This Agreement constitutes the entire agreement between the Member and Gym with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings with respect thereto, whether oral or written.

12. Severability: In the event that any provision of this Agreement or the application thereof, becomes or is declared to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect. The parties further agree to replace such void or unenforceable provision with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision.

13. Governing Law: This Agreement shall be governed by, and construed in accordance with, the laws of the state of California, without regard to principles of conflicts of law.

14. Assignment. The Member may not assign this Agreement or any of Member’s rights, interests, or obligations hereunder, without the prior consent of the Gym. Gym may assign this Agreement and/or its rights and obligations hereunder in its sole discretion. 

15. Amendments/Waivers. This Agreement may not be amended except in a writing signed by the parties. Any term of this Agreement or the performance thereof may only be waived in writing by the party entitled to the benefit or performance of such term; provided, that this provision shall not be construed as permitting Member to waive those provisions of applicable law that are not permitted to be waived under applicable law.

16. Successors and Assigns. The terms and conditions of this Agreement shall insure to the benefit of, and be binding upon, the respective successors and permitted assigns of the parties. Nothing in this Agreement, express or implied, is intended to confer upon any party, other than the parties hereto or their respective successors and permitted assigns, any rights, remedies, obligations, or liabilities under, or by reason of, this Agreement, except as expressly provided in this Agreement.

17. Titles and Subtitles. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. 

By Member’s signature below, Member acknowledges that Member has received a copy of this Agreement and has read and understands the terms and conditions of this Agreement and agrees to be bound by such terms and conditions.

YOU, THE BUYER, MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT ON THE THIRD BUSINESS DAY AFTER THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL THIS AGREEMENT, MAIL OR DELIVER A SIGNED AND DATED NOTICE, OR SEND A TELEGRAM WHICH STATES THAT YOU, THE BUYER, ARE CANCELING THIS AGREEMENT, OR WORDS OF SIMILAR EFFECT. THE NOTICE SHALL BE SENT TO:

RT Kickboxing 5681 Snell Avenue, Suite #2, San Jose, CA or roberthuntertorres@gmail.com