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East Bay Boxing Club, LLC - Comprehensive Liability Waiver, Release, and Assumption of Risk Agreement

Participant Information

Full Legal Name: _{name}______________________________

Address: ___{address}__________________________

Phone: ____{phone}__________________________

Email: ______________________________

Emergency Contact Name: __{contact_name}_____________

Emergency Contact Phone: __{contact_phone}___________

Participation Type (Check One):

[ ] Membership

[ ] Drop-In

Terms of Agreement

In consideration of being permitted to enter the premises of East Bay Boxing Club, LLC ("the Club"), located at 997 Morrison Drive, Suite 103, Charleston, SC 29403, and/or to participate in any boxing, sparring, fitness training, or related activities (collectively, "Activities"), whether as a member, drop-in participant, observer, or otherwise, I, the undersigned, agree to the following terms:

1. Acknowledgment and Assumption of All Risks: I acknowledge that the Activities are inherently dangerous and involve significant risks, including but not limited to bodily injury, cuts, bruises, muscle strains, sprains, fractures, concussions, permanent disability, paralysis, death, emotional distress, and property damage or loss. These risks may arise from my own actions or inactions, the actions or inactions of others (including other participants, instructors, or third parties), the condition of the premises, equipment failure, inadequate supervision, or any other cause. I expressly and voluntarily assume all such risks, whether known or unknown, foreseeable or unforeseeable, even if caused by the negligence, gross negligence, or reckless conduct of the Club, its owners, officers, directors, employees, instructors, agents, contractors, affiliates, or other participants (collectively, "Releasees").

2. Health and Fitness Certification: I represent and warrant that I am in good physical and mental health, capable of participating in the Activities, and have no medical conditions, injuries, or limitations that would impair my ability to safely engage in rigorous physical exercise. I agree to immediately disclose any such conditions to the Club and to cease participation if I experience any symptoms that could endanger my health or safety. I assume full responsibility for consulting a physician prior to participation if I have any doubts about my fitness.

3. Complete Release and Waiver of Liability: To the fullest extent permitted by law, I hereby irrevocably release, waive, discharge, and covenant not to sue the Releasees from any and all claims, demands, actions, suits, damages, liabilities, losses, costs, or expenses (including attorney fees), whether past, present, or future, arising out of or in any way related to my participation in the Activities, use of the Club’s facilities or equipment, or presence on the premises, including during unstaffed hours accessed via key fob. This release applies to all injuries, damages, or losses, including death, whether caused by the negligence, gross negligence, reckless conduct, or any other act or omission of the Releasees, or by any other cause whatsoever.

4. 24/7 Access via Key Fob: I understand that the Club operates 24 hours a day, 7 days a week, and that I may access the premises using a key fob during unstaffed hours. I acknowledge that during these unstaffed periods, no Club personnel will be present to supervise, assist, or respond to emergencies. I assume all additional risks associated with using the facilities during unstaffed hours, including but not limited to lack of immediate medical assistance, security risks, or equipment misuse, and I waive any claims against the Releasees arising from such circumstances. I agree to use the key fob responsibly, not to share it with others, and to report its loss or theft to the Club immediately.

5. Indemnification and Hold Harmless: I agree to indemnify, defend, and hold harmless the Releasees from any and all claims, liabilities, damages, losses, or expenses (including attorney fees) arising from or related to my participation in the Activities, presence on the premises (including during unstaffed hours), or use of equipment, whether caused by my own actions, negligence, or otherwise, and whether asserted by me, my heirs, assigns, or any third party.

6. No Duty to Supervise or Train: I acknowledge that the Club and Releasees have no obligation to provide medical assistance, supervision, or specialized training, particularly during unstaffed hours, and I waive any claim based on the absence or inadequacy of such services. I assume all risks associated with participating in the Activities without direct supervision or instruction.

7. Equipment and Premises: I accept the Club’s facilities, equipment, and premises "as is," with all faults, and assume all risks related to their use or condition, including but not limited to defects, wear and tear, or hazards, whether during staffed or unstaffed hours. I waive any claim arising from the maintenance, design, or operation of the premises or equipment.

8. Cleaning and Maintenance Responsibility: I agree to clean up after myself following each use of the facilities, including wiping down equipment, disposing of trash, and leaving the premises in a clean and orderly condition. I acknowledge that failure to do so may result in additional fees, suspension of my access privileges, or termination of my membership without refund, and I waive any claim arising from such actions by the Club.

9. Media Release: I grant the Club an irrevocable, perpetual, worldwide right to use my name, likeness, voice, or image in photographs, videos, or other media captured during my participation for any purpose, including promotion, without compensation or further notice.

10. Compliance with Rules: I agree to follow all Club rules, policies, and verbal instructions from staff, including those related to key fob access and cleanliness. Failure to comply may result in my immediate removal from the premises, revocation of key fob privileges, or termination of membership without refund or recourse, and I waive any claim arising from such actions.

11. Binding Effect: This Agreement is binding on me, my heirs, executors, administrators, assigns, and any other person or entity acting on my behalf. I intend this to be a complete and unconditional release of all liability to the greatest extent allowed by law.

12. Severability and Governing Law: If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement shall be governed by the laws of South Carolina, and any disputes shall be resolved exclusively in the courts of South Carolina.

13. Voluntary Execution: I certify that I have read this Agreement in its entirety, understand its terms, and agree to be legally bound by it. I am signing this Agreement freely and voluntarily, without coercion, inducement, or reliance on any representations not contained herein. I am at least 18 years of age and legally competent to execute this Agreement, or, if signing for a minor, I am the minor’s legal guardian with full authority to bind the minor to these terms.

Participant Acknowledgment and Signature

Signature: _______________________________

Printed Name: ___{name}________________________

Date: ____{sign_date}___________________________

For Minors (Under 18)

Parent/Guardian Full Legal Name: __________

Parent/Guardian Signature: _______________

Relationship to Minor: ___________________

Date: _______________________________