PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.
By signing this agreement, you give up your right to bring a court action to recover compensation or obtain any other remedy for any personal injury or property damage however caused arising out of your participation in Apex Tigers Martial Arts programs now or at any time in the future.
- Assumption of Risk
I hereby acknowledge and agree that participation in Apex Tigers Martial Arts, LLC activities/classes/programs/training comes with inherent risks. I have full knowledge and understanding of the inherent risks associated with participation in Apex Tigers Martial Arts programs and facilities, including but in no way limited to: (1) slips, trips, and falls, (2) athletic injuries, and (3) illness, including exposure to and infection with viruses or bacteria. I further acknowledge that the preceding list is not inclusive of all possible risks associated with Apex Tigers Martial Arts classes/programs/training participation and facility use and that said list in no way limits the operation of this agreement.
(a)Use of Premises and Services. I understand that use of Apex Tigers’ premises, facilities, equipment, services, activities or products (“Use of Apex Tigers Premises and Services”) can include but is not limited to (1) use of indoor and outdoor area, any equipment(s), waiting rooms, locker rooms, studios, fitness floors, fitness equipment, gymnasiums, kid’s play areas, lobby, entryways, sidewalks, parking lots and any other facilities or equipment; (2) use of personal training services; group fitness; child center services; kid’s programs; and weight loss or nutritional programs; (3) use of services and participation in activities off Apex Tigers premises, including but not limited to running, cycling, mountain biking, personal training, group fitness, athletic events, educational programs, wellness programs, travel programs, and field trips; and (4) all other programs, activities, classes, sessions, seminars, workshops, assessments, events, amenities, or benefits that are sponsored, endorsed or operated by Apex Tigers on or off its premises.
(b)Risks. I understand that the dangers, hazards, and risks of injury or damage in the Use of Apex Tigers Premises and Services (“Risks”) may include but are not limited to (1) slips, trips, collisions, falls, and loss of footing or balance, including “slip and falls” and fitness equipment; (2) drowning; (3) equipment failure, malfunction or misuse; (4) property or information theft, loss, misuse or damage, including from lockers, vehicles, equipment, files or systems; and (5) other accidents or incidents that may result in injury or damage to me or my child(ren).
(c)Injuries. I understand that such injuries or damages may include but are not limited to major or minor personal, physical, bodily, emotional, mental, economic, property or other types of injuries or damages (“Injuries”) to me or my child(ren), including but not limited to (1) death; (2) paralysis, brain damage, heart attacks, strokes, disfigurement, heat stress and/or heat stroke, dehydration, concussions, hearing loss, torn or damaged muscles or ligaments, broken bones, allergic reactions, burns, sprains, bruises and scrapes; (3) aggravation of pre-existing injuries or medical conditions; (4) pain and suffering; (5) loss of consortium, love, affection, comfort, companionship, or care; (6) emotional distress, embarrassment, humiliation, or shock; (7) lost wages or lost earning capacity; (8) lost, stolen, misused or damaged property or information; and (9) any other disability, impairment, incapacity, injury or damage.
I understand that Risks and Injuries in the Use of Apex Tigers Premises and Services (collectively, “Risks of Injury”) may be caused, in whole or in part, by the NEGLIGENCE OF Apex Tigers, me, my child(ren), Other Member(s), Guest(s) and/or other persons. I FULLY UNDERSTAND, AND VOLUNTARILY AND WILLINGLY ASSUME, THE RISKS OF INJURY.
- WAIVER, RELEASE, INDEMNIFICATION & COVENANT NOT TO SUE
In consideration of my participation in Apex Tigers Martial Arts, LLC programs/activities/classes/training, I, the undersigned participants, knowingly and voluntarily agrees to release and on behalf of myself, Any participating children, my heirs, representatives, executors, administrators, and assign, HEREBY DO RELEASE APEX TIGERS MARTIAL ARTS, LLC, it's officers, directors, employees, volunteers, agents, representatives and insurers (Releasees") from any causes of action, claims, or demands of any nature whatsoever including, but in no way limited to, claims of negligence, which I, my heirs, representatives, executors, administrators and assigns may have, now or in the future, against Apex Tigers Martial Arts, LLC on account of personal injury, property damage, death or accident of any kind, arising out of or in any way related to the use of Apex Tigers Martial Arts, LLC facilities/equipment or participation in Apex Tigers Martial Arts, LLC programs whether that participation is supervised or unsupervised, however the injury or damage occurs, including, but not limited to the negligence of Releasees. On behalf of myself and my child(ren), Minor Members, Other Members, Guests, parents, guardians, heirs, next of kin, personal representatives, heirs and assigns, I hereby voluntarily and forever release and discharge Apex Tigers from, covenant and agree not to sue Apex Tigers for, and waive, any claims, demands, actions, causes of action, debts, damages, losses, costs, fees, expenses or any other alleged liabilities or obligations of any kind or nature, whether known or unknown (collectively, “Claims”) for any Injuries to me, my child(ren), Other Member(s), or Guest(s) in the Use of Apex Tigers Premises and Services which arise out of, result from, or are caused by any NEGLIGENCE OF Apex Tigers, me, my child(ren), Minor Members, any Other Member(s), any Guest(s), and/or any other person. and, any breach by Apex Tigers of the Occupiers’ Liability Act (collectively, “Negligence Claims”).
THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY, DEATH OR PROPERTY DAMAGE to the undersigned or such participating children due to negligence active or passive, or otherwise while in, about or upon premises of Apex Tigers Martial Arts, LLC and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with Apex Tigers Martial Arts, LLC. The undersigned acknowledges that any illness or injuries that the undersigned or such participating children contract or sustain may be compounded by negligent first aid or emergency response of the Releasees and waive any claim in respect thereof.
In consideration of my participation in Apex Tigers Martial Arts, LLC programing or access to facilities, I, the undersigned participant, agree to INDEMNIFY AND HOLD HARMLESS Releasees from any and all cause of action, claims, demands, losses, or costs of any nature whatsoever arising out of or in any way related to my program participation or access to facilities.
I hereby certify that I have full knowledge of the nature and extent of the risks inherent in fitness and Apex Tigers Martial Arts, LLC programs participation and facility use and that I am voluntarily issuing said risks. I understand that I will be solely responsible for any loss or damage, including personal injury, property damage, or death, I sustain while participating in Apex Tigers Martial Arts, LLC programing or facility use and that by signing this agreement I HEREBY RELEASE Releasees from all liability for such loss, damage, or death. I further certify that I am in good health and that I have no conditions or impairments which would preclude my safe participation in Apex Tigers Martial Arts, LLC programming or facility use.
(a)Negligence Claims. I understand that Negligence Claims include but are not limited to the Apex Tigers’ (1) negligent design, construction (including renovation or alteration), repair, maintenance, operation, supervision, monitoring, or provision of the Use of Apex Tigers Premises and Services; (2) negligent failure to warn of or remove a hazardous, unsafe, dangerous or defective condition; (3) negligent failure to provide or keep premises in a reasonably safe condition; (4) negligent provision of or failure to provide emergency care; (5) negligent hiring, selection, training, instruction, certification, supervision or retention of employees, independent contractors or volunteers; (6) negligent collection, use, disclosure or storage of personal, sensitive or other information (including negligent failure to implement or maintain information security controls); or (7) other negligent act(s) or omission(s).
(b)Apex Tigers’ Fees and Costs. I specifically agree that, if I or my child(ren)(on my own behalf or on behalf of another, including an estate) assert a Negligence Claim against Apex Tigers and/or breach my agreement not to sue Apex Tigers, I will pay all reasonable fees (including attorneys’ fees), costs and expenses incurred by Apex Tigers (“Apex Tigers’ Fees and Costs”) to defend (1) the Negligence Claim(s) and (2) all other Claims based on the same facts as the Negligence Claim(s).
- HEALTH AND SAFETY.
I represent that my child(ren) is/are healthy enough to engage safely in the Use of Apex Tigers Premises and Services, and that my child(ren) has/have had the opportunity to talk to a doctor prior to Use of Apex Tigers Premises and Services, which Apex Tigers strongly recommends. I acknowledge that Apex Tigers does not and will not provide medical advice. I agree that my child(ren) should remove themselves from Use of Apex Tigers Premises and Services if they observe any hazardous, unsafe, dangerous or defective condition, if they are incapable of engaging in such Use safely, or if required or instructed to do so by Apex Tigers. I consent to emergency care by Apex Tigers for my child(ren). I acknowledge that I am responsible for my child(ren)’s conduct, health and safety and that Apex Tigers is not responsible for any medical expenses incurred by me, my child(ren), Minor Member(s), Other Member(s), or Guest(s), in connection with the Use of Apex Tigers Premises and Services.
- PARENT OR GUARDIAN AGREEMENT
If I am the parent or legal guardian of a minor child(ren), I acknowledge and represent to Apex Tigers that I have the right and authority to make decisions concerning the care, custody and control of my minor child(ren), including but not limited to the right and authority to execute this Agreement on my minor child(ren)’s behalf. By checking a box agreeing to the terms of this Agreement and/or by signing this Agreement, I am binding each of my minor children to its terms, including but not limited to the ASSUMPTION OF RISK, WAIVER OF LIABILITY, DEFENSE AND INDEMNIFICATION, ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER and HEALTH AND SAFETY provisions.
- LIKENESS AND IMAGE RELEASE
I understand that Apex Tigers, or a third party authorized by Apex Tigers, may stream, livestream, record, take photographs, audio or video recordings, take testimonial accounts or create social media content that may contain the name, image, voice, likeness or account of me or my child(ren) (collectively "Images") during the Use of Apex Tigers Premises and Services. I hereby irrevocably consent to and grant Apex Tigers the exclusive, worldwide, perpetual, royalty-free fully paid, transferable and otherwise unlimited right to use, copy, modify, distribute, display, publicly display perform, publish, transmit, host, remove, retain, repurpose, reproduce, adapt, edit, modify, change, add, delete, rearrange, prepare derivative works of and commercialize any and all such Images (and the right to sublicense such images through unlimited levels of sublicensees) in any and all media formats and through any media channels and any form of communication, in any manner whether now existing or hereafter developed, without obtaining additional consent, without restriction or notification, and without compensating me in any way, and to authorize others to do the same. Without limiting the foregoing, I hereby consent to Apex Tigers 's use of the Images for commercial and promotional use, including on corporate or employee social media. Apex Tigers may change, modify, rearrange, add, delete or otherwise alter such Images. I waive any right to inspect, approve, or edit such Images as used by Apex Tigers.
- Coronavirus/Covid-19 Warning, Disclaimer, and Customer Warrant
Coronavirus, Covid-19 is an extremely contagious virus that spread easily through person-to-person contact. Federal and state authorities recommend social distancing as a mean to prevent the spread of the virus. Covid-19 can lead to severe illness, personal injury, permanent disability, and death. Participating in Apex Tigers Martial Arts, LLC programs or accessing facilities could increase the risk of contracting Covid-19. Apex Tigers Martial Arts, LLC in no way warrants that Covid-19 infection will not occur through participation in Apex Tigers Martial Arts programs or accessing Apex Tigers Martial Arts, LLC facilities. The undersigned hereby agrees, represents, and warrants that neither the undersigned nor such participating children shall visit or utilize the facilities, services, and programs of Apex Tigers Martial Arts, LLC (other than any exclusively online services and programs) within 14 days after (i) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or (iii) exposure to any person who has suspected or confirmed case of Covid-19. The CDC Travel Health Network is continuously updating this list and the undersigned agrees that they are aware of this list and the countries listed. The undersigned agrees to check the CDC Travel Health Notices list prior to utilizing the facilities, services, and programs of Apex Tigers Martial Arts, LLC, on a daily basis if necessary. The undersigned hereby agrees, represents, and warrants that neither the undersigned nor such participating children shall visit or utilize the facilities, services, and programs of Apex Tigers Martial Arts, LLC if he or she (i) experiences symptoms of Covid-19, including, without limitation, fever, cough or shortness of breath, or (ii) has a suspected or diagnosed/confirmed case of COVID-19. The undersigned agrees to notify Apex Tigers Martial Arts, LLC immediately if he or she believes that any of the foregoing access/use restrictions may apply. The undersigned acknowledges and assumes both the known and potential dangers of utilizing the facilities, services, and programs of Apex Tigers Martial Arts, LLC and acknowledges that use thereof by the undersigned and/or such participating children may, despite the Apex Tigers Martial Arts, LLC reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.
- PRIVACY POLICY
I understand that Apex Tigers will collect information that identifies me and my child(ren) as individuals ("Personal Information") through this Agreement and as stated in Apex Tigers’ Privacy Policy. I consent to Apex Tigers using my and my child(ren)’s Personal Information for all Marketing and Transactional Messaging purposes.
- ELECTRONIC COMMUNICATIONS
I expressly consent to receive electronic messages from Apex Tigers at any email address I have provided to Apex Tigers, including messages to advertise or promote products or services (“Marketing Messages”) and messages related to my transactions or relationship with Apex Tigers, including membership, guest, purchase of products or services (“Transactional Messages”).
- ACCURACY OF PERSONAL INFORMATION
I represent and warrant that I am 18 years of age or older and that all the information that I provide to Apex Tigers is current, accurate, complete, and truthful, and that I am the parent or legal guardian of the child(ren).
OTHER PROVISIONS. I am not relying on any oral or written promises, representations, statements, covenants or warranties, other than those set forth herein, to induce me to sign this Agreement. This Agreement may be amended at any time by Apex Tigers upon such notice, if any, as may be required by law. If Apex Tigers fails to enforce any right in this Agreement for any reason, Apex Tigers does not waive its right to enforce it later.