WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participation in FITNESS CENTER ACTIVITIES (hereinafter the “Activity”); and
IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;
I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor”, “I” or “me”, which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into the WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or cause of action of any kind arising out of my participation in the Activity; and
I HEREBY release and forever discharge {Riot Cardio, 156 E Main Street, Tuckerton, NJ 08087, their affiliates, manager, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively “Releasees”). From any physical or psychological injury that I may suffer as a direct result of my participation in the Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THE IS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.
I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation, or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.
I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Riot Cardio to provide all emergency medical care deemed necessary, including but not limited to , first aid, CPR, the use of AED’s, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of Riot Cardio's official or agent, regarding my approval to participate in the Activity.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THESE “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE Riot Fitness AND ALL OF ITS AFFILIATES, MANAGER, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSE OF ACTIO AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST Riot Fitness FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statue or case law does not prohibit release for ordinary negligence, this release is also for such negligence on the part of Riot Cardio, its agents, and employees.
I agree that this Release shall be governed for all purposes by New Jersey law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.
In the event that any damage to equipment of facilities occurs as a result of my or my family’s or my agent’s willful actions, neglect or reckless, I acknowledge and agree to be held liable for any and all costs associated with any such actions or neglect or recklessness.
THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
Terms & Agreement:
Riot Cardio Boxing Monthly Membership Agreement
This Membership Agreement is entered into between Riot Cardio Boxing LLC (referred to as "the Gym") and the individual whose name and signature appear below (referred to as "Member").
1. Membership Details
1.1 Membership Type: The Member has selected the following membership type: [4x, 8x, or Unlimited Package].
1.2 Membership Start Date: The membership will be effective from the start date of members sign up.
1.3 Monthly Dues: Member agrees to pay a monthly fee of [$110, $85, or $60] plus tax and processing fee for the agreed selected membership type. Payment shall be made on a recurring basis on the [Sign up start date] of each month.
1.4 Initial Term: This membership agreement will remain in effect for a minimum term of [1 Month], commencing on the Membership Start Date. After the Initial Term, this Agreement will automatically renew on a month-to-month basis unless terminated in accordance with Section 5.
2. Membership Benefits
2.1 The Member will have access to the Gym's facilities and services as outlined in their selected membership type.
3. Payment and Billing
3.1 Member authorizes the Gym to charge the provided payment method on a recurring monthly basis.
3.2 In the event that a payment is declined, the Gym may charge a $30 returned payment fee as specified in the Gym's fee schedule.
4. Membership Rules and Obligations
4.1 Member agrees to follow all Gym rules and policies, as provided by the Gym, which may include rules related to conduct, safety, and equipment use.
4.2 Member is responsible for notifying the Gym of any changes in contact information or payment method.
4.3 Member agrees to treat Gym staff and fellow members with respect and courtesy.
5. Termination
5.1 Member may terminate this Agreement at any time after the Initial Term by providing written notice to the Gym at least 30 days prior to the desired termination date.
5.2 The Gym reserves the right to terminate this Agreement and revoke membership if Member breaches any of the terms of this Agreement or violates Gym rules and policies.
6. Liability and Waiver
6.1 Member understands and acknowledges the risks associated with boxing and physical training and assumes full responsibility for their health and safety while using the Gym's facilities.
6.2 Member agrees to release the Gym and its staff from any liability for injuries or damages sustained while using the Gym's facilities.
7. Miscellaneous
7.1 This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, whether written or oral.
7.2 Any amendments or modifications to this Agreement must be made in writing and signed by both parties.
By signing below, Member acknowledges that they have read, understood, and agreed to the terms and conditions of this Agreement.
THIS AGREEMENT was entered into at arms-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, {name} and Riot Cardio agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be servable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
In the event of an emergency, please contact the following person(s) in the order presented
{contact_name}
{contact_phone}
{contact_relation}
I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OF MY OWN FREE WILL.
Participant’s Name: {name}
Participant’s Address: {address}
PARENT / GUARDIAN WAIVER FOR MINORS
In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent/guardian, as follows:
I HEREBY CERTIFY that I am the parent or guardian of , named above, and do hereby give my consent without reservation to the foregoing on behalf of this individual.
Parent / Guardian Name:
Relationship to Minor
Date: