PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.
1. Definitions. The person who is participating and using facilities at the martial arts/fitness/yoga gym shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” means JZD Wellness, LLC.,DBA Kuzushi Club Dalton or any of [its/their] respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. The “Activity” means using the martial arts gym and using its facilities for any purpose.
2. Risk of Activity. The Undersigned agree and understand that participating in martial arts, kickboxing, Jiu-Jitsu, fitness training, and hot yoga (hereinafter referred to as “the Activity”) can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity.
The risks and dangers of the Activity include, but are not limited to:
• Martial Arts, Kickboxing, and Jiu-Jitsu Risks: Physical contact with other participants, instructors, and equipment; collisions; accidental strikes, kicks, or joint manipulations; falls and impacts with the floor or training surfaces; submission techniques causing joint stress, muscle strain, or unconsciousness; and risks associated with live sparring, drilling, and high-intensity training.
• Fitness Training Risks: Overexertion; muscle strain or sprains; improper use or malfunction of weights, resistance bands, or other gym equipment; loss of balance; and physical fatigue leading to injury.
• Hot Yoga Risks:Dehydration; heat exhaustion; dizziness or fainting due to prolonged exposure to high temperatures; muscle strain from stretching; and slipping due to perspiration on mats or flooring. The Undersigned acknowledge that hot yoga classes are conducted in temperatures ranging from 93°F to 105°F and understand the heightened risks associated with exercising in such conditions.
• General Risks:Equipment failure and/or defects; improper or negligent instruction or supervision; participation beyond personal fitness levels; pre-existing medical conditions that may be aggravated by physical activity; mental distress from exposure to high-intensity training; and negligence of other participants, instructors, or staff.
THE UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
Medical Disclaimer: The Undersigned acknowledge that participation in the Activity requires a certain level of physical exertion and carries potential risks for individuals with pre-existing medical conditions, including but not limited to heart disease, high blood pressure, respiratory conditions, joint or musculoskeletal issues, or other underlying health concerns. The Undersigned understand and agree that it is their responsibility to consult with a physician or qualified healthcare provider prior to engaging in the Activity if they have any medical conditions, concerns, or are unsure about their ability to safely participate. The Released Parties make no claims regarding the safety or appropriateness of the Activity for individuals with medical conditions and assume no liability for any health complications that may arise.Hydration and Personal Responsibility: The Undersigned acknowledge and accept full responsibility for maintaining their own hydration before, during, and after participation in the Activity. They understand that dehydration can lead to serious medical conditions, including heat exhaustion, heat stroke, dizziness, and loss of consciousness. This risk is heightened in hot yoga classes, where temperatures range from 93°F to 105°F. The Undersigned agree to monitor their hydration levels, take appropriate breaks as needed, and discontinue participation if they feel symptoms of dehydration or overheating. The Released Parties assume no responsibility for the Participant’s hydration status or any medical issues arising from dehydration.
3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the activity, the Undersigned agree as follows:
(a) Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature wether currently know or unknown, which the Undersigned, and any of them, have or which could be asserted on behalf of the Undersigned in connection with the IP: 204.93.96.244 Email: akward01@aol.com Version: 1.0.0.20190102 Page 1 of 4 Participant’s participation in the Activity, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract.
(b) Indemnification. The Undersigned hereby agree to indemnify, defend, and hold harmless the Released Parties from and against any and all liability, cost, expense, or damage of any kind or nature whatsoever and from any suits, claims, or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity.
(c) Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
4. Minor Acknowledgement. In the case of minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.
5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participate to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transpiration.
6. Media Release. The undersigned hereby gives and its employees, JZD Wellness, LLC.,DBA Kuzushi Club Dalton representatives, and authorized media organizations permissions to print, photograph, and record the Undersigned for use in audio, video, film, or any other electronic, digital and printed media.
7. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Georgia, and the exclusive jurisdiction and venue for any claim arising out of this Agreement shall be the in Superior Court of Whitfield County and the Undersigned expressly agree and consent to jurisdiction in said courts; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the Undersigned that this agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, educators and personal representatives of the Undersigned.
8. COVID-19 Acknowledgment: The Undersigned acknowledge that COVID-19 remains a risk, and participation in close-contact activities such as Jiu-Jitsu, kickboxing, fitness, and hot yoga may increase exposure. The Undersigned understand that JZD Wellness, LLC., DBA Kuzushi Club Dalton, is not responsible for preventing the transmission of COVID-19 despite enhanced cleaning measures. By signing this waiver, the Undersigned accept the risk of contracting COVID-19 and agree to hold the Released Parties harmless from any related claims.
9. Membership & Cancellation Policy: The Undersigned acknowledges and agrees that unless otherwise stated in a written contract, all memberships operate on a month-to-month basis. Participant must provide thirty (30) days’ written notice of cancellation, and the 30-day period begins upon receipt of the written notice by Joza Wellness LLC, DBA Southern Soul Dalton and/or Southern Soul Dalton Yoga + Pilates. The Participant remains financially responsible for all dues and fees during this notice period. No verbal cancellations will be accepted.
In consideration for providing fitness services, by signing below you agree to accept all responsibility for the risk that you may contract COVID-19. By execution of this waiver, you agree to indemnify and hold JZD Wellness, LLC.,DBA Kuzushi Club Dalton ,its employees, agents, servants, landowners, and their successors and assigns harmless
In consideration for providing fitness services, by signing below you agree to accept all responsibility for the risk that you may contract COVID-19. By execution of this waiver, you agree to indemnify and hold JZD Wellness, LLC.,DBA Kuzushi Club Dalton ,its employees, agents, servants, landowners, and their successors and assigns harmless from any and all claims for damages should you contract COVID-19 from participating in activities at JZD Wellness, LLC.,DBA Kuzushi Club Dalton.
I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.
Kuzushi Club Dalton
