WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participating in BOXING GYM ACTIVITIES; 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 this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims, or causes of action of any kind arising out of my participation in the Activity.
I HEREBY release and forever discharge Hit Em Up Boxing Gym, its affiliates, managers, 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.
ASSUMPTION OF RISK
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS 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
• Death
I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS AT THE ACTIVITY LOCATION(S), OR OTHERWISE. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN, OF MY PARTICIPATION IN THIS ACTIVITY.
INDEMNIFICATION
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.
MEDICAL AUTHORIZATION
In the event that I should require medical care or treatment, I authorize Hit Em Up Boxing Gym to provide all emergency medical care deemed necessary, including but not limited to first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I agree to assume all costs involved and acknowledge that I am financially responsible for any expenses incurred. I understand that I should carry my own health insurance.
ACKNOWLEDGEMENT OF FITNESS
I 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 unless I am medically able and properly trained, and I agree to abide by the decision of Hit Em Up Boxing Gym’s official or agent regarding my approval to participate.
LEGAL TERMS
• I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
• I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Hit Em Up Boxing Gym AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION.
• To the extent that statute or case law does not prohibit release for ordinary negligence, this release is also for such negligence on the part of Hit Em Up Boxing Gym , its agents, and employees.
• This Release shall be governed by New Jersey law , without regard to conflict of law principles.
• This agreement supersedes any and all previous oral or written promises or agreements.
SEVERABILITY
If any provision of this agreement is deemed invalid or unenforceable, the remainder shall remain in full force and effect. If limiting any provision would make it valid, it shall be enforced as so limited.
EMERGENCY CONTACT
In the event of an emergency, please contact:
{contact_name}
{contact_phone}
SIGNATURE
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, 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.
{name}
{sign_date}
SECTION FOR MINORS (UNDER 18 YEARS OF AGE)
If the participant is under the age of 18, this section must be completed by a parent or legal guardian:
I, the undersigned parent or legal guardian of the minor named below, hereby consent to the minor’s participation in the Activity at Hit Em Up Boxing. I acknowledge that I have read and understood the terms of this Waiver and Release of Liability and agree to be bound by its terms on behalf of the minor participant.
I further agree to indemnify and hold harmless Hit Em Up Boxing and all Releasees from any and all claims which are brought by, or on behalf of, the minor participant as a result of their participation in the Activity.
{name}
{dob}
{sign_date}
{emergency contact_name}
{emergency contact _phone}