EVERYBODYFIGHTS WAIVER & RELEASEBY USING EVERYBODYFIGHTS LIVE, AND/OR EVERYBODYFIGHTS ACCESSORIES (COLLECTIVELY, THE “EVERYBODYFIGHTS EQUIPMENT”) AND/OR PARTICIPATING IN ANY EVERYBODYFIGHTS ACTIVITIES AND/OR CLASSES, EITHER ONLINE OR IN PERSON, YOU AGREE AND CONSENT TO BE BOUND BY ALL TERMS PRESENTED IN THIS WAIVER AND RELEASE. EverybodyFights, Inc. (“EverybodyFights”) requires that all participants follow safety rules and instructions that are designed to protect everyone’s safety. However, you acknowledge that there is an inherent risk of injury when choosing to participate in fitness activities.
You are solely responsible for determining whether you are physically and mentally fit and/or adequately skilled to participate in EverybodyFights activities and/or classes and use EverybodyFights Equipment. Risks from participating in EverybodyFights activities and/or classes may be aggravated if you are pregnant, suffer from an underlying medical condition, take medication, smoke cigarettes, have a family history of coronary disease, or have recently suffered an illness, injury or impairment. Accordingly, it is your responsibility to consult a physician before undertaking any fitness activity. It is also your responsibility to determine, during your participation in EverybodyFights activities and/or classes, whether you should discontinue your participation in such activities or take any other actions to protect your health or safety.
WARNING OF RISK FROM FITNESS ACTIVITIES
Aerobic and other fitness activities such as indoor cycling, running, or jogging, plyometrics, yoga, floor and barre exercises, passive/resistive weight training, use of stair machines, treadmills, rowing machines, free weights, and other training devices are intended to challenge and engage the physical, mental and emotional resources of the participant. Despite careful and proper preparation, instruction, medical advice, and conditioning, participation in fitness activities involves a risk of serious injury. All hazards and dangers cannot be foreseen. Depending on the particular activity, certain risks, dangers and injuries due to overexertion, lack of hydration, improper technique, ignoring safety precautions, failing to properly follow instructions, slips and falls, unfamiliarity with the equipment and/or exercise, equipment failure, failure in supervision/instruction, premises defects and other risks inherent to the particular activity exist. Nonetheless, you hereby agree to assume all risks of your participation in EverybodyFights activities and/or classes, whether known or unknown to you. Depending upon a person’s physical condition, age and/or skill level, fitness activities can involve a substantial risk of the following types of injuries, among others: (i) heart attack, stroke and circulatory problems, (ii) bone and joint injuries, (iii) back and neck injuries, (iv) shin splints, (v) muscle strain and other muscle injuries, (vi) foot problems, (vii) psychological injury, pain or suffering, (viii) disfigurement, (ix) temporary or permanent disability (including paralysis), (x) death or (xi) economic loss. In addition, a very small percentage of people may experience a seizure when exposed to certain visual images, including flashing lights or patterns that may appear on EverybodyFights Equipment. Seizures may have a variety of symptoms, including lightheadedness, altered vision, eye or face twitching, jerking or shaking of arms or legs, disorientation, confusion, or momentary loss of awareness. Seizures may also cause loss of consciousness or convulsions that can lead to injury from falling down or striking nearby objects. If you experience any of these symptoms, you should immediately stop exercising and consult a doctor.
It is the responsibility of all participants to have a complete physical examination by a medical doctor prior to beginning any activity. If a participant has, or has a history of, any of the conditions listed in the “YOUR RESPONSIBILITY” section of this document, he/she should consult a physician before participating in any fitness activity.
WAIVER AND GENERAL RELEASE OF ALL CLAIMS AND ASSUMPTION OF RISK
You recognize and acknowledge that there are inherent risks of physical injury to participants in any fitness activities, including when using EverybodyFights Equipment, and you voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that you may sustain as a result of said participation. As a material inducement for EverybodyFights to permit you to participate in EverybodyFights activities and/or classes, to use EverybodyFights facilities or EverybodyFights Equipment, you hereby, on behalf of yourself, your heirs, executors and assigns, fully, forever and irrevocably waive, release and hold EverybodyFights, its shareholders, directors, agents, representatives, employees, consultants, affiliated companies, partners, and successors (collectively “EverybodyFights Parties”) harmless from any and all claims (including, to the extent permitted by applicable law, claims alleging negligence on behalf of any EverybodyFights Party), injuries, damages or loss (including legal fees), present or future, foreseen or unforeseen, anticipated or unanticipated (collectively “Claims”), that you may have (or that accrue to you) against any EverybodyFights Party, and generally release and discharge the EverybodyFights Parties from any and all Claims, including but not limited to those involving: (i) participating in any supervised or unsupervised fitness activities, (ii) use of any fitness equipment, including EverybodyFights Equipment, (iii) any loss or theft of personal property, and (iv) accidental injuries, such as “slip and fall” injuries on or outside of EverybodyFights premises, and you hereby promise never to assert or assist any other party in asserting, any claims or causes of action against any EverybodyFights Party in any matter that in any way relates to any Claims.
FOR EVERYBODYFIGHTS EMPLOYEES: VOLUNTARY PARTICIPATION
If you are a EverybodyFights employee, you acknowledge and agree that your participation in EverybodyFights activities and/or classes and your use of EverybodyFights Equipment is purely recreational, voluntary and of your own free will, and is not a condition or within the scope of your employment with EverybodyFights (unless you are the Instructor designated by EverybodyFights to lead the fitness activity in question). To the fullest extent permitted by law, in addition to the release in the preceding paragraph, you agree to fully release and discharge the EverybodyFights Parties from all liability under any workers’ compensation insurance plan and relinquish any right to sue the EverybodyFights Parties in connection with any injuries, damages or loss, regardless of severity, that you may sustain as a result of said participation. By participating in any fitness activities and/or visiting EverybodyFights premises you agree and acknowledge that you have read and fully understand the above important information, warning of risk, authorization, assumption of risk, and waiver and general release of all claims. AUTHORIZATION: In the event of any emergency, you authorize EverybodyFights to secure from any accredited hospital and/or physician any treatment deemed necessary for your immediate care and agree that you will be solely and personally responsible for payment for any and all medical services rendered and for the cost of travel to and from the place of medical treatment. I represent that: (i) I am at least 18 years old, (ii) I meet Everybodyfights’s height and weight restrictions (as posted in the studio or made available by EverybodyFights staff); and (iii) I have no health-related conditions that could affect my participation in EverybodyFights activities and/or classes. I have read and fully understand the above important information, warning of risk, authorization, assumption of risk, and waiver and general release and discharge of all claims.