Release and Assumption of Risk
In consideration of the services of Box Beat, LLC (BXBT), their agents, owners, officers, volunteers, Members, employees, and all other persons or entities acting on their behalf (hereinafter collectively referred to as “BXBT”), I hereby agree to release and discharge Box Beat, on behalf of myself, my children, my parents, my heirs, assigns, personal representative, and estate as follows:
1. I acknowledge that boxing and personal training or training and exercise at Box Beat entails known and unanticipated risks, which can result in physical or emotional injury, paralysis, death, or damage to myself, to property, or third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, but are not limited to: muscle strains, pulls, tears, broken bones, shin splints, heat exhaustion, knee back, or foot injuries, and any other illness, soreness, or injury, however caused, occurring during or after my participation in this exercise program. I agree to pay attention to the state of all training or exercise equipment in the gym and to advise gym staff if I do any damage or notice any damage. I accept responsibility for the care and condition of the equipment, including but not limited to harnesses and ropes. Furthermore, Box Beat employees and Trainers have difficult jobs to perform, they seek safety, but they are not infallible, they might be unaware of a Member’s fitness or abilities, they may give inadequate warnings or instructions, and the equipment being used might malfunction.
2. I recognize the inherent dangers with Box Beat activities and acknowledge that Box Beat provides protective material, upon request.
3. I expressly agree and promise to accept and assume all of the risks existing in the activity, including but not limited to unanticipated or unforeseeable risks. My participation in this activity is purely voluntary, and I elect to participate in spite of all the risks.
4. I herby voluntarily release, forever discharge, and agree to indemnify and hold harmless Box Beat from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Box Beat Gym’s equipment or facilities, including any such Claims which allege negligent acts or omissions of Box Beat.
5. Should Box Beat, or anyone acting in their behalf, be required to incur attorney’s fees and costs to reinforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
6. If I file a lawsuit against Box Beat, it shall be filed in the State of Texas and the substantive law of Texas shall be applied, without regard to conflict of law rules of that state. I also understand that this contract is severable; in other words, if any part of is held by a court of law to be unenforceable, the remaining portions shall remain in full force and effect.
7. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
Be signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Box Beat, LLC on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understand it, and I agree to be bound by its terms.