LIABILITY WAIVER AND RELEASE AGREEMENT
The Terms of this Waiver (the "Waiver & Liability") are an agreement between UNDEFINED ENTERPRISES, LLC (“ONE WAY BOXING CLUB,” “we,” "us," "our") and you, a user of ONEWAYBOXINGCLUB.com, its apps, and services (the "website").
1. Assumption of Risk - You acknowledge and agree that participation in fitness classes, exercise programs, and any other activities at the Clubs involves inherent risks, including, but not limited to, the risk of physical injury, mental or emotional distress, illness, disability, death, or property damage. You understand that the risks involved may arise from your own actions or inactions, the actions or inactions of others, the condition of the premises or any equipment, or from the condition of your health. You voluntarily and knowingly assume all risks associated with your participation in any activities offered by the Clubs.
2. Medical Clearance - You represent that you are in good physical condition and have no medical condition, illness, or injury that would prevent you from safely participating in any activities offered by the Clubs. You agree that it is your responsibility to seek medical advice prior to participating if you are uncertain about your physical condition or ability to participate safely. You understand that it is your responsibility to inform us of any medical conditions or limitations that may affect your participation in the Clubs' activities.
3. Waiver of Liability - To the fullest extent permitted by law, you, on behalf of yourself, your heirs, assigns, personal representatives, and next of kin, hereby release, waive, discharge, and covenant not to sue UNDEFINED ENTERPRISES, LLC, UNDEFINED FITNESS CLUB, ONE WAY BOXING CLUB**, their owners, officers, employees, contractors, agents, and representatives (collectively, the "Released Parties") from any and all claims, demands, causes of action, damages, liabilities, losses, or expenses, including attorneys' fees, arising out of or in connection with your participation in activities or use of the facilities at the Clubs. This waiver includes, but is not limited to, claims arising from negligence of the Released Parties, dangerous or defective equipment, property conditions, or any other cause.
4. Indemnification - You agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your participation in activities or use of the facilities at the Clubs, including claims for personal injury, property damage, or death, whether caused by your own negligence or the negligence of others.
5. Emergency Medical Treatment - In the event of an emergency, you hereby authorize the Clubs to obtain or provide emergency medical treatment on your behalf. You agree that you are financially responsible for any medical treatment provided to you, and you release the Released Parties from any liability or claims related to the provision of medical treatment.
6. Use of Facilities and Equipment - You acknowledge that the use of any facilities, equipment, or services at the Clubs, including but not limited to exercise machines, weights, lockers, and showers, is at your own risk. You agree to inspect all equipment prior to use and notify staff of any defects or hazards. You are responsible for using all equipment and facilities properly and in accordance with any posted instructions or guidelines.
7. Photography and Video Release - You grant permission for the Clubs to use your likeness in any photographs, videos, or other media taken during your participation in activities for promotional purposes, including, but not limited to, social media, advertising, and website content. You agree that you will not receive any compensation for such use.
8. Severability - If any provision of this Agreement is found to be unenforceable or invalid, such provision shall be modified or limited to the minimum extent necessary so that the remaining terms of this Agreement shall remain in full force and effect.
9. Governing Law and Jurisdiction - This Agreement shall be governed by and construed in accordance with the laws of the state in which the Clubs operate, without regard to conflict of law principles. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in the state of the Clubs’ operation.
10. Acknowledgment of Understanding You acknowledge that you have carefully read and fully understand the terms of this Agreement. You acknowledge that you are voluntarily giving up substantial legal rights by signing this Agreement, including the right to sue the Released Parties for any claims arising out of your participation in the activities or use of the facilities at the Clubs.