In consideration for your membership at Insurgent Fitness LLC and your participation in the sport and/or Martial art of your choosing, or you are choosing on behalf of your minor child(ren), AGREE TO RELEASE FROM ANY LEGAL LIABILITY AND AGREE NEVER TO SUE Insurgent Fitness LLC, its staff, its instructors (whether those instructors are paid by Insurgent Fitness LLC or are teaching a martial arts or participating as instructors in the sport on a voluntary basis), or as a seminar, other individuals who have purchased a membership at Insurgent Fitness LLC, and all of their successors, heirs, assigns, directors, officers, partners, investors, shareholders, members, agents, employees, owners, landowners, parent and subsidiary companies, and affiliated companies (collectively the members) for injury and death resulting from your participation in the sport and/or martial art of your choosing, or you are choosing on behalf of your minor child(ren), regardless of the cause, including the NEGLIGENCE or ALLEGED NEGLIGENCE of the members. You further AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS the members for any claims, lawsuits, damages, attorney fees, costs, investigative costs, or judgments, arising out of your participation, or your child(ren)’s participation, in the given sport and/or martial arts training and/or instruction and/or related activities and/or other recreational activities and services Insurgent Fitness LLC may provide.
- Physical Demands
Because of the physical demands, in any fitness activity, including martial arts and/or personal defense instruction, health and fitness, workouts, and personal training, you understand that YOU and your child must be in good physical condition to participate in any activity at Insurgent Fitness, LLC. You further understand that in case of injury, the only medical treatment Insurgent Fitness LLC staff will provide is first aid.
- Release
UNDERSTAND THAT THIS IS A RELEASE OF LIABILITY AND IS VALID FOREVER, and will apply at any and all time during your participate in the sport, whether past, present, or future, under the direction of or with the implied or actual consent of or in conjunction with or with the participation of any of the members, and that if at any time you cease to pay Insurgent Fitness LLC for membership, this RELEASE OF LIABILITY will continue to be applicable.
You understand that this RELEASE OF LIABILITY will prevent you, your children, your spouse, friends, family, legal council, or heirs from filing a suit or making any claim for damages in the event of any injury or death arising from your participation, or your child(ren)s participation, in the activity which may occur under the direction of or with the implied or actual consent of or in conjunction with or with the participation of any of the member.
Additionally, in the event that you, your children, or any of your agents, heirs, attorneys, legal representatives, or assignee's file a claim or lawsuit arising out of or relating in any way to your participation, or your child(ren)’s participation, in the sport, martial art, or fitness activity, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE MEMBER FOR ANY DAMAGES, ATTORNEY FEES, OR COSTS ARISING OUT OF SUCH A CLAIM OR LAWSUIT.
With full understanding of this agreement, you nevertheless enter into this waiver of liability freely and voluntarily and agree that it is binding upon yourself, your child, your heirs, your spouse, your agents, legal council, and any designated assignee's you appoint on your behalf or your child(ren)s behalf. It is your intention that this release will be effective to bar any and all claims, of any kind known or unknown, suspected or unsuspected, arising out of, or related to the activities you and your child(ren) participate in at any Insurgent Fitness facility or Insurgent Fitness hosted event. You expressly waive all rights under this waiver.
If any portion of this agreement is held invalid, you agree that the remainder of the agreement shall remain in full legal force and effect.
- Indemnification
You recognize that there is a risk involved in the types of activities offered by Insurgent Fitness, LLC. Therefore you accept the financial responsibility for any injury that you, and/or your child(ren), may cause either to yourself or by any other participant due to your own negligence, or a members’ negligence. Should you, or anyone acting on your behalf, be required to incur attorneys fees and costs to enforce this agreement, you agree to reimburse such fees and costs to the Members.
You further agree to indemnify and hold harmless Insurgent Fitness, LLC, their principals, agents, employees, members and volunteers from liability for the injury or death of any person(s) and damage to property that may result from your negligent or intentional act or omission while participating in activities offered by Insurgent Fitness, LLC, at the main building or abroad. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to the main building, and/or any area selected for training by Insurgent Fitness, LLC.
Additionally, On behalf of the participant and individually, the undersigned partner(s) and/or legal guardian(s) for the minor participant executes this Waiver and Release. If, despite this release, the participant makes a claim against any of the Members, the parent(s) and/or legal guardian(s) will reimburse the Members for any money which the Members have paid to the participant, or on their behalf.
Furthermore, specifically, you agree to hold harmless the School and all other individuals, organizations, sponsors, promoters, operators, hosts, instructors, associations, schools, owners, officials, directors, employees and other participants connected with the event or classes from all losses, damages, injuries, causes of actions, claims, or complaints in the event that you, and/or your child(ren), are injured in any way during the participation, instruction and/or performance of any exercise or during any activity associated with an event and/or class location or during transit to or from the event and/or class.
- Emergency Treatment
In the event of an emergency, you hereby authorize Insurgent Fitness LLC to administer emergency treatment to you and/or your child(ren) for any accident or illness and to act in your stead in approving necessary medical care. You also authorize any licensed medical personnel to perform any accepted medical procedure and/or treatment deemed necessary and reasonable under the circumstances, and you also agree to bear the expense of any such medical procedure and/or treatment, and to DEFEND AND INDEMNIFY the Members from any costs arising out of or related to such medical procedure and/or treatment.
If you are signing on behalf of a minor child, you also give full permission for any person connected with Insurgent Fitness, LLC to administer first aid deemed necessary, and in case of serious illness or injury, you give permission to Members to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.
- Signature
BY SIGNING THIS DOCUMENT ON YOUR OWN BEHALF OR ON BEHALF OF YOUR MINOR CHILD(REN) YOU ACKNOWLEDGE THAT YOU HAVE BEEN GIVEN AN OPPORTUNITY TO FULLY REVIEW THIS DOCUMENT, INCLUDING THE OPPORTUNITY TO HAVE LEGAL COUNSEL OF YOUR CHOOSING REVIEW IT, IF YOU SO DESIRED, AND YOU ACKNOWLEDGE THAT YOU ARE SIGNING WITH FULL UNDERSTANDING OF THIS WAIVER, INCLUDING ANY AND ALL RESPONSIBILITIES AND RISKS YOU ASSUME AS A RESULT OF SIGNING THIS LIMITED LIABILITY WAIVER AND HAVE BEEN GIVEN A COPY OF THIS DOCUMENT IF YOU HAVE SO REQUESTED.
By signing for yourself and/or on behalf of your minor child(ren), you are stating your understanding of the foregoing risks, and the release of liability of Insurgent Fitness, its members, instructors, and staff, and understand that By signing for yourself and/or on behalf of your minor child, it obligates you to indemnify Insurgent Fitness, LLC for any liability of injury or death of yourself or child(ren) and any person and damage to property caused by your negligent or intentional act or omission by the services, products, and or services provided by Insurgent Fitness LLC. You understand that By signing for yourself and/or on behalf of your minor child to these terms you are waiving valuable legal rights.