JOINING ALL MOVEMENT LLC Customer Release of Liability and Assumption of Risk
In consideration of being permitted by JOINING ALL MOVEMENT LLC to participate in its activities and to use its equipment and facilities, I hereby agree to release, indemnify and discharge JOINING ALL MOVEMENT LLC, its agents, owners, managers, directors, employees, volunteers, participants, lessors, affiliates, its subsidiaries, related and affiliated entities, successors and assigns (the “RELEASED PARTIES”), on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in JOINING ALL MOVEMENT LLC programs, classes, events, and use of the facilities and all related equipment and/or property entail known and unknown risks of injury, including but not limited to: physical or emotional injury, paralysis, death, or damage to myself, to property or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities, and that such risks are inherent in using all related equipment and/or property. In any event, if you or your child is injured, you or your may require medical assistance, at your own expense.
2. I acknowledge that while participating in the programs, classes, or events offered by JOINING ALL MOVEMENT LLC, I will receive information and instruction about various physical fitness activities, including but not limited to, martial arts, parkour and freerunning, martial arts tricking, tumbling, and dance. I recognize that fitness programs require physical exertion that may be strenuous and cause physical injury, and I am fully aware of the risks and hazards involved.
3. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in JOINING ALL MOVEMENT LLC programs, classes, or events. I affirm and warrant that I am physically fit and I have no medical condition that would prevent my full participation in the programs, classes, or events offered. Furthermore, I affirm and warrant that I will not be under the influence of alcohol or any substance, which would impair my ability to participate in programs, classes, or events offered by JOINING ALL MOVEMENT LLC.
4. In addition, JOINING ALL MOVEMENT LLC employees strive for safety, but they are not infallible. They may be unaware of a participant’s physical and/or mental fitness or abilities. They may give incomplete warnings or instructions, and the equipment being used might become loose, out of adjustment, or malfunction. There is also a risk that JOINING ALL MOVEMENT LLC employees may be negligent in, among other things, monitoring and supervising use of its equipment and facilities and in the maintenance and repair of its equipment and facilities.
5. I expressly agree and promise to accept and assume all of the risks existing in this activity and in use of the facilities and all related equipment and/or property. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
6. I, my spouse, assignees, heirs, guardians, and legal representatives hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless RELEASED PARTIES from any and all claims, demands, or causes of action, which are in any way connected with my participation in the programs, classes, or events or my use of JOINING ALL MOVEMENT LLC equipment or facilities, including any such claims which allege negligent acts or omissions of RELEASED PARTIES.
7. Should JOINING ALL MOVEMENT LLC or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
8. I certify that I have adequate insurance to cover any injury or damage that 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 that I may have.
9. In the event that I file a lawsuit against JOINING ALL MOVEMENT LLC, I agree to do so solely in the state of California and I further agree that the substantive law of California shall apply in that action without regard to the conflict of the law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
10. I agree as an adult participant, or the Parent/Legal Guardian of a minor participant, in consideration of being permitted to participate at JOINING ALL MOVEMENT LLC, grant JOINING ALL MOVEMENT LLC, related and affiliated entities, officers, managers, directors, partners, employees, agents, successors and assigns, the irrevocable right and permission to photograph and/or record me or my child(ren)/ward(s) in connection with JOINING ALL MOVEMENT LLC to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner in any and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the Photograph and/or Recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind. All Photographs and/or Recordings are exclusive to JOINING ALL MOVEMENT LLC.
11. I hereby acknowledge that JOINING ALL MOVEMENT LLC has rules and policies in place regarding safety and use of the equipment and facilities. I acknowledge that I have reviewed and understand all safety rules and other rules of participation in programs, classes, or events, and that failure to comply with or follow any of these rules and policies may result in complete revocation of all privileges provided by JOINING ALL MOVEMENT LLC without any refund of any prepaid fees.
12. I agree that I will be personally liable for any damage or destruction of JOINING ALL MOVEMENT LLC related equipment and/or property due to negligence or failing to comply with the rules and policies in place.
13. I agree that if the participant is a minor, this Release of Liability and Assumption of Risk agreement is made on behalf of that minor participant and that all of the releases, waivers and promises herein are binding on that minor participant. I represent that I have full authority as Parent or Legal Guardian to bind the minor participant to this agreement.
14. I agree that if the participant is a minor, I further agree to defend, indemnify and hold harmless JOINING ALL MOVEMENT LLC from any and all claims or suits for personal injury, property damage or otherwise which are brought by, or on behalf of the minor, and which are in any way connected with such use or participation by the minor, including injuries or damages caused by the negligence of RELEASED PARTIES, except injuries or damages caused by the sole negligence or willful misconduct of the party seeking indemnity.
By signing this document, I acknowledge that if anyone is hurt or property damaged during my participation in the programs, classes, events, or activities at the facility, I may be found by a court of law to have waived my or the minor’s participant’s right to maintain a lawsuit against JOINING ALL MOVEMENT LLC or any RELEASED PARTIES 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 understood it, and I agree to be bound by its terms.