ENGINE ROOM BOXING, LLC
ASSUMPTION OF RISK, WAIVER AND RELEASE FROM LIABILITY
This Assumption of Risk, Waiver, and Release from Liability covers the entirety of my participation with the Engine Room:
1. Risk Factors: I understand and acknowledge that the use of equipment and facilities provided by the Engine Room and participation in its programs and competitions (the “Engine Room Programs”) is an extreme test of a person’s physical and mental limits and involves risks including, but not limited to the following: risk of property damage, bodily injury, including, but not limited to sprained muscles and ligaments, broken bones, fatigue, permanent disability, paralysis, and possibly death. These risks may result from a variety of circumstances including, but not limited to, the use or misuse of the equipment or facilities, from the boxing and fitness activity itself from the acts of myself (including but not limited, improper form, the level of physical exertion, failure to properly hydrate and nutritional habits), or others, including the Engine Room and its agents or from the unavailability of emergency medical care.
2. Assumption of Risk: I am participating in the Engine Room Programs at my own free will. I assume full responsibility for ALL RISKS, both known and unknown, which may arise out of or result from my participation in the Engine Room Programs. Except from this section are any injuries caused by the gross negligence or willful or wanton misconduct of any managers, officers, or employees of the Engine Room.
3. Release, Indemnify, and Defend. I hereby release, waive, discharge, and hold harmless the Engine Room and all of its affiliates, predecessors, successors, officers, managers, directors, employees, agents and representatives, past or present (hereinafter jointly referred to as “The Released Parties”) from any and all claims, suits, liabilities, judgments, costs and expenses (“Claims”) for any property damage, property loss or theft, personal injury or illness, death or other loss arising from or relating to my participation in the Engine Room Programs. I also agree to defend, indemnify and hold harmless the Released Parties from and against any Claims arising from or related to my own acts or omissions in connection with my participation in the Engine Room Programs.
4. Prerequisite Skills: I hereby represent that (i) I am at least eighteen (18) years of age or older; (ii) I am in good health and in proper physical condition to participate in the Engine Room Programs; and (iii) I am not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my ability to safely participate in the Engine Room Programs. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the Engine Room Programs, that I am responsible for my own safety and well-being at all times and under all circumstances while participating in the Engine Room Programs. I agree that if I have any questions as to what skills, qualifications, or training is necessary to properly participate in the Engine Room Programs, then I shall direct such questions to the appropriate individuals.
5. Waiver: I hereby waive any protections afforded by any statue or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, materials or otherwise which the person giving the release does not know or suspect to exist at the time of executing the release. This means, in part, that I am releasing unknown future claims.
6. Representatives: I enter into this agreement for myself, as well as for my heirs, assigns and legal representatives.
7. Consent for Emergency Treatment: I consent to medical treatment for emergencies that occur during or are related to my participation in the Engine Room Programs where I am unable to consent to such treatment. I understand the provisions of this Assumption of Risk, Waiver, and Release from Liability apply to any treatment that might be provided to me while participating in the Engine Room Programs at the Engine Room or receiving medical treatment at the Engine Room or otherwise.
8. Insurance: I understand that I am solely responsible for any medical, health or personal injury costs relating to my participation in the Engine Room Programs. I understand that I am strongly encouraged to have a medical physical examination and purchase health insurance prior to any and all participation in the Engine Room Programs.
9. Jurisdiction: This Assumption of Risk, Waiver, and Release from Liability shall be governed in all respects by the laws of the State of Oklahoma. The parties agree to use the State of Oklahoma for Jurisdiction and the County of Tulsa as Venue for any disputes between the parties related to this Assumption of Risk, Waiver, and Release from Liability.
10. Severability: If any term or provision of this Assumption of Risk, Waiver, and Release from Liability is held to be illegal, invalid or unenforceable, or the application thereof to any person or circumstance shall to any extent be illegal, invalid or unenforceable under present or future laws effective during the term hereof or of any provisions hereof which survive termination, then and in any such event, it is the express intention of the parties that the remainder of this Assumption of Risk, Waiver, and Release from Liability, or the application of such term, clause or provision other than to those as to which it is held illegal, invalid or unenforceable, shall not be affected thereby, and each term, clause or provision of this Assumption of Risk, Waiver, and Release of Liability and the application thereof shall be legal, valid and enforceable to the fullest extent permitted by law.
11. Attorney’s fees. In the event of a dispute concerning this Assumption of Risk, Waiver, and Release from Liability, the Engine Room shall be entitled to receive from the Participant costs of reasonable attorney’s fees and expenses incurred to enforce this agreement.
I have read and fully understand this Assumption of Risk, Waiver, and Release from Liability and understand that it relates to surrendering and releasing valuable legal rights. I do so freely and voluntarily.