Today's Date: April 26, 2024 CONSENT TO PHYSICAL CONTACT I understand the nature of physical contact in boxing, fitness, martial arts and self defense training, and understand that I have the right to immediately withdraw from any exercise or drill in which the conduct of any party seems beyond the scope of training or makes me uncomfortable. I agree to abide by Center etiquette in all matters pertaining to training, and I shall not in any way conduct myself inappropriately or take inappropriate advantage of the contact the training allows. NOTICE OF PHYSICAL CONTACT Complete boxing, self defense and/or martial arts training involves a wide variety of skills. While practicing these skills, Members may contact with any portion of the body. The groin may be the target of kicks, strikes and grabs. The chest, buttocks, groin or any part of the body may be contacted by any part of the training partner's body during training by techniques or incidentally contacted while performing a technique targeting another portion of the body. When male and female Members train together, or when adult and minor Members train together and in any other training combination, the purpose and intent of the Center, Instructors and staff is to provide an environment for all Member to learn and practice boxing, fi tness and self defense. Members are expected to conduct themselves appropriately at all times to endure the best training results for everyone. Any Member may be removed permanently from the Center, with no refund of payments, by Instructors or staff for any reason. Should any Member feel a training partner or Instructor is engaging in contact beyond the scope of training, or a training partner or Instructor is taking undue and unacceptable advantage of training contact, or if a Member is made to feel uncomfortable by any training exercise, partner or Instructor, that member has the right to withdraw from the exercise or drill. If the conduct of the training partner or Instructor appears inappropriate, the Member should inform an Instructor or staff privately. If the conduct of the training partner or any other training partner appears criminal, an Instructor should be informed and the authorities may be notifi ed by either the Member, the Instructor, or both. NOTICE OF CONSENT TO INSTRUCTORS NW seeks to make use of highly trained professional Instructors with both expertise and experience in boxing, fi tness and martial arts/self defense. Classes may be taught by the head Instructor or any other qualifi ed Instructor. Should an Instructor be unavailable for a give class a junior instructor, senior Member or guest Instructor may teach. The choice of Instructor is left to the discretion of the Center. I understand that I may not always have the Instructor I desire, but I shall learn from whomever is teaching, to show the respect due to position of Instructor to whomever is teaching, and to conduct myself in accordance with the etiquette established at this Center. I understand that I have the responsibility for my own safety without regard to who is teaching the class. I specifi cally consent to any Instructor whom the Center, Instructors or staff feel are suffi ciently qualifi ed by any standards they set to teach the class. I specifi cally understand and agree that the full force of this document applies without regard to who is teaching the class. ADVISORY OF RIGHTS AND RESPONSIBILITIES Safety is not the sole responsibility of Instructors and staff. Everyone in class is responsible for their own safety and the safety of those around them. All members have the right and responsibility to excuse themselves from any exercise they believe will be harmful to them. All Members must evaluate each situation in the context of their skill and current physical condition, and conduct each drill in a manner that is safe. If an Instructor gives any instruction that is unsafe for the Member, it is the Member's responsibility to inform the Instructor that the drill/skill may be unsafe. The Instructor will routinely excuse the Member from unsafe exercises and drills. The Instructor may ask for an explanation and the member is expected to provide one. In the event of an injury, Members have the right and responsibility to evaluate the extent of harm, stopping what they are doing even if it includes a partner, and determining whether it is safe to continue. Unless a Member is certain that further practice will not create or worsen a problem, all Members are encouraged to stop what they are doing and inform an Instructor. In the event of a serious injury or the appearance of a serious injury, all Members, Instructors, staff and visitors, notably parents, have the right to call a stop to a particular training exercise. If a Member notes an unsafe training situation, which may include a Member performing a skill incorrectly, a Member not being careful about others, a defect in a piece of training equipment, a potentially dangerous obstacle or condition on the fl oor, or anything else that may cause or lead to harm of Members, Instructors, staff, visitors or guests, the Member is expected to correct the situation if within his/her ability or notify an Instructor or staff member immediately. NON-COMPETITION I acknowledge and agree that I will not own or operate a boxing gym, fi tness or self defense gym or martial arts school, nor will I teach or help instruct the above at another gym, school, recreation center etc. within a ten (10) mile radius of any ENDURE LLC. Center for eighteen (18) months after I have signed this contract and/or twelve (12) months after leaving the Center as a member (whichever is the longer period of time). ASSUMPTION OF RESPONSIBILITIES AND RISK Boxing, fitness training, martial arts, self defense, etc. is a potentially dangerous activity. Bumps, bruises, scrapes, scratches and soreness are commonplace, and most Members will encounter this sort of minor injury from time to time in their training. More serious injuries are possible, including sprains, strains, twists, cramps and injuries of similar magnitude, and Members can expect to encounter these injuries infrequently. The possibility of more serious injury exists, including fractured bones, broken bones, torn ligaments, thought not all Members encounter such serious injuries. There remains, despite safety precautions, the remote possibility of crippling injury or death, though this is certainly not expected in this program. I understand the above statement of risk, and I understand the rights and responsibilities of Members. I assume responsibility for my own safety (or the safety of my child), understanding and accepting the risks involved with training at the Center. Even if the Instructor has informed me that no serious injuries have ever happened in this Center or with any of the Instructors, I understand that this does not mean that there is no possibility of harm. By assuming this risk, I completely absolve ENDURE LLC.,Instructors, Juan Acosta, Alexis Acosta, New World Defense & Fitness, New Word CrossFit, staff, guests, Members, landlords, management companies and any and all other parties of liability for my harm, unless intentionally caused in criminal conduct. In consideration of being permitted to participate in any way in any ENDURE LLC. Center activities ("Activity") I, for myself, my personal representative, assigns, heirs and next of kin; A. Acknowledge, agree and represent that I understand the nature of the Center's activities and that I am qualifi ed, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity. B. Fully understand that a) Boxing & Fitness activities involve risks and dangers of serious bodily injury, including permanent disability, paralysis, and death ("Risks"), b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the conditions in which the Activity takes place, or the negligence of the "Released" named below. c) There may be other risks and social and economic losses either not known to me or not readily foreseeable at this time and I fully accept and assume all such risks and all responsibility for losses, costs, and damages I incur as a result of my participation or that of the minor in the Activity. C. Hereby release, discharge, and covenant not to sue ENDURE LLC, Instructors, Juan Acosta, Alexis Acosta, New World Defense & Fitness, New World CrossFit, staff, guests, Members, landlords, owners, leasers of premises, management companies and any and all other parties from all liability, claims, demands, losses, or damages on my account caused or alleged to be causes in whole or in part by the negligence of the Releases or otherwise, including negligent rescue operations, and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement I, or anyone on my behalf, makes a claim against any of the Released, I will indemnify, save and hold harmless each of the Releases from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim. D. Understand that I may be photographed and/or fi lmed authorize ENDURE LLC., and its representatives to use such photographs or recordings without compensation to them, for any purpose. E. COVID 19. By entering this facility, you are aware that you agree to fully accept all known and unknown risks, including the potential risk of exposure to respiratory illnesses such as the coronavirus (COVID-19). The coronavirus is primarily transmitted via exhaled respiratory droplets, most often through coughing and sneezing. These droplets can travel up to six feet and are more commonly transmitted between persons rather than from equipment to persons. Although we regularly sanitize our equipment and presently are using enhanced cleaning methods and enforcing social distancing in our facility, you understand that you may be exposed to the coronavirus or its symptoms through no fault of our own. Known coronavirus symptoms include fever, coughing, shortness of breath, pneumonia, kidney failure, and may include other symptoms, stroke or even death (collectively "Symptoms"). You understand and agree that you will hold us harmless and you will not hold us liable for any real or perceived Symptoms of COVID-19 or any other disease, illness, or condition, nor for exacerbating any existing symptoms, and you fully agree to accept all risks of entering the facility, using the equipment, working with personal trainers, attending classes, and/or interacting or being exposed to other members. I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect. If signing for a minor as a parent or legal guardian, I understand the nature of the Center's activities and the minor's experience and capabilities and believe the minor to be qualifi ed, in good health, and in proper physical condition to participate in such Activity. I hereby release, discharge, covenant not to sue and agree to indemnify and save and hold harmless each of the Releases from all liability, claims, demands, losses, or damages on the minor's account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations and further agree that if, despite this release, I , the minor, or anyone on the minor's behalf makes a claim against any of the Releases named above, I will indemnify, save and hold harmless each of the Releases from any litigation expenses, attorney fees, loss liability, damage, or costs any may incur as the result of such claims. THE TERMS AND CONDITIONS OF THIS WAIVER SHALL APPLY TO ANY FUTURE MEMBERSHIP AGREEMENTS |
