We are thankful and excited that you are taking the first step to explore Muay Thai. Please read and digitally sign this waiver before coming to your first class.
ADULT PARTICIPANT ACKNOWLEDGMENT, RELEASE, WAIVER, AND INDEMNITY AGREEMENT FOR THE BENEFIT OF CHONBURI MUAY THAI LLC
NOTICE: THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.
PLEASE READ THIS AGREEMENT CAREFULLY AND ENSURE THAT YOU UNDERSTAND IT BEFORE SIGNING IT.
I, the above-named participant (the “Participant”), being above the age of eighteen (18) years and possessing sound mind and body, on behalf of myself, next of kin, heirs, guardians, assigns, personal representatives, and estate, and in consideration of my ability to participate in Muay Thai instructional classes, training sessions, skill and ability assessments, and competitions (collectively, the “Activity”) facilitated or otherwise provided by Chonburi Muay Thai LLC, their respective staff, affiliated companies, owners, officers, agents, members, managers, volunteers, employees, and owners and lessees of the premises on which the Activity is provided, conducted, or situated (collectively referred to hereinafter as the “Released Parties”), hereby make the following acknowledgments, agreements, representations, warranties, covenants, and waivers:
Nature of Activity and Voluntary Participation. The Participant understands and acknowledges that the inherent nature of the Activity involves close physical contact and strenuous physical exercises, including, but not limited to, punching, kicking, jumping, and sparring exercises, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities (the “Nature of the Activity”). The Participant hereby represents and warrants that he or she is in good physical and mental health and does not suffer from any known disability or condition which would prevent or limit his or her participation in the Activity. Additionally, the Participant hereby represents and warrants that the Participant’s decision to participate in the Activity is motivated by the potential physical health benefits associated with the Activity, including, but not limited to, increased work capacity, improved cardiovascular efficiency, and increased muscular strength, flexibility, power, and endurance. Accordingly, the Participant acknowledges that the Participant’s participation in the Activity is purely voluntary and in no way mandated by the Released Parties.
Acknowledgment and Assumption of Risks. The Participant understands and acknowledges that the Nature of the Activity is potentially dangerous, and the Participant hereby recognizes that the Participant’s participation in the Activity carries with it certain risks, including, but not limited to, physical injury, emotional injury, loss to property, economic loss, temporary physical disability, permanent physical disability, and death. The Participant understands and acknowledges that the aforementioned risks may be due to not only the Participant’s own physical condition, actions, inactions, or negligence, but also the following:
a. The actions, inactions, or negligence of the Released Parties or the other participants participating in the Activity;
b. Latent or apparent defects or conditions of equipment or property supplied by the Participant or any of the Released Parties;
c. Use of property or equipment supplied by the Released Parties or the Participant;
d. Condition of the facility, terrain, structures, or surrounding grounds connected with the Participant’s participation in the Activity; and
e. Emergency first aid or medical treatment or services rendered in connection with the Participant’s participation in the Activity.
The Participant understands and acknowledges that there are other risks associated with the Activity that are not listed hereinabove. Additionally, the Participant expressly agrees and covenants to accept and assume all other risks arising out of or relating to the Participant’s participation in the Activity. The Participant further assumes and accepts the risk that any medical or physical condition that the Participant may have could be triggered or aggravated by his or her participation in the Activity. Accordingly, the Participant hereby elects to participate in the Activity with full knowledge of and assumption of the risks associated with the Activity.
Release, Waiver, and Indemnity. The Participant hereby covenants not to sue the Released Parties in response to any injury or loss that is suffered by the Participant and that is in any way connected with the Participant’s participation in the Activity or the Participant’s use of any equipment, materials, or facilities supplied by the Released Parties in connection with the Activity, or that in any way arises out of the ordinarily negligent acts or omissions of the Released Parties. The Participant further voluntarily releases, forever discharges, and agrees to indemnify and hold harmless the Released Parties from any and all claims, demands, or causes of action which are in any way connected with the Participant’s participation in the Activity or the Participant’s use of any equipment, materials, or facilities supplied by the Released Parties in connection with the Activity, including any such claims which allege negligent acts or omissions of the Released Parties, provided that such claims shall not include claims that arise out of the gross negligence or willful misconduct of the Released Parties.
Attorneys’ Fees. In the event that the Released Parties, or anyone acting on their behalf, incur attorneys’ fees and costs to enforce this agreement or defend against any action brought by the Participant or anyone acting on the Participant’s behalf, the Participant hereby agrees to indemnify the Released Parties and hold them harmless from all such fees and costs.
Participant’s Insurance. The Participant hereby represents and warrants that the Participant has adequate insurance to cover any injury or loss that the Participant may cause or suffer while participating in the Activity. In the event that the Participant does not have adequate insurance to cover any injury or loss that the Participant may cause or suffer while participating in the Activity, the Participant agrees to bear the costs of such injury or loss.
Waiver. The Participant hereby acknowledges and agrees that the failure of the Released Parties to insist in any one or more instances upon the strict performance of any one or more of the obligations of this agreement, or to exercise any election herein contained, shall not be construed as a waiver or relinquishment for the future of the performance of such one or more obligations of this agreement or of the right to exercise such election, but the same shall continue and remain in full force and effect with respect to any subsequent breach, act, or omission.
Choice of Law and Venue. The Participant hereby acknowledges and agrees that this agreement and the rights of the Released Parties and the Participant shall be governed by and construed in accordance with the laws of the State of Tennessee, including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. Further, the Participant acknowledges and agrees that, in the event that an action is brought to enforce this agreement, the venue of such action shall lie exclusively within the County of Davidson, State of Tennessee.
Entire Agreement. The Participant hereby acknowledges and agrees that this agreement constitutes the entire agreement between the Released Parties and the Participant with respect to the matters set forth herein, and it may not be altered, varied, or modified in any way, by any prior, contemporaneous, or subsequent agreement, except by an instrument in writing making specific reference to this agreement and executed by the Released Parties and the Participant.
Successors and Assigns. The Participant hereby acknowledges and agrees that this agreement shall be binding upon and inure to the benefit of the Participant, the Released Parties, and their respective legal representatives, heirs, administrators, executors, successors, and assigns.
Severability. The Participant hereby acknowledges and agrees that this agreement shall be construed as broadly and inclusively as is permitted by applicable law and agrees that if any portion of this agreement is held invalid, the remaining portions shall continue in full force and effect.
Comprehension of Terms of Agreement. The Participant hereby acknowledges and agrees that he or she has been given the opportunity to read, and has in fact read, this agreement, and the Participant had all questions regarding its meaning answered satisfactorily. Further, the Participant hereby acknowledges and agrees that he or she is entering into this agreement knowingly and voluntarily in exchange for the consideration referred to in this agreement, and no other representations have been made to the Participant in order to induce or influence his or her execution of this agreement.
BY SIGNING THIS AGREEMENT, THE PARTICIPANT AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AND THAT IF THE PARTICIPANT OR ANYONE ELSE IS HURT OR PROPERTY IS DAMAGED DURING THE PARTICIPANT’S PARTICIPATION IN THE ACTIVITY, THIS AGREEMENT WILL CONSTITUTE A WAIVER OF ANY RIGHT THE PARTICIPANT HAS TO MAINTAIN A LAWSUIT AGAINST ANY OF THE RELEASED PARTIES.