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ASHEVILLE MARTIAL ARTS & FITNESS L.L.C.

HOLD HARMLESS AGREEMENT

This “Hold Harmless Agreement” must be completed by the member who is eighteen (18) years or older, or by the member’s parent and/or legal guardian. Said person agrees that you have fully read, understand, and agree to this “Hold Harmless Agreement” in its entirety. Herein the member will also be referred to as the “buyer” and Asheville Martial Arts & Fitness L.L.C. will also be referred to as the “seller.”

I. ASSUMPTION OF THE RISK

Assumption of the Risk. I fully understand and acknowledge that:

There are risks and dangers associated with participation in Asheville Martial Arts & Fitness L.L.C. events and activities which could result in bodily injury, partial and/or total disability, paralysis, and/or death.
The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe.
These risks and dangers may be caused by the action, inaction, or negligence of the member, or by the action, inaction, or negligence of others, including, but not limited to, Asheville Martial Arts & Fitness L.L.C.
There may be other risks not known to us or are not reasonably foreseeable at this time.
I understand, accept, and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis, or death, however caused and whether caused in whole or in part by the negligence of or any employee of Asheville Martial Arts & Fitness L.L.C.

II. RELEASE AND WAIVER OF LIABLITY AND INDEMNITY

Release and Waiver of Liability and Indemnity. In consideration of being permitted to participate in any way in the programs, events, or services provided by Asheville Martial Arts & Fitness L.L.C. indicated below and/or being permitted to enter for any purpose any restricted area (herein defined as any area wherein admittance to the general public is prohibited), the member, and if applicable, the parent(s) and/or legal guardian(s) of the minor member agree as follows:

The member agrees that prior to participating in any Asheville Martial Arts & Fitness L.L.C. activity or event, he or she shall inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the member should immediately advise the instructor of such condition and refuse to participate. The parent(s) and/or legal guardian(s) will instruct any minor member that prior to participating in the Asheville Martial Arts & Fitness L.L.C. activity or event, he or she should inspect the facilities and equipment to be used, and if he or she believes anything is unsafe, the member should immediately advise the instructor of such condition and refuse to participate. I understand and agree that, if at any time, I feel anything to be unsafe, I will immediately take all precautions to avoid the unsafe area and refuse to participate further. I will immediately disclose such danger to the instructor as referenced above.
I hereby release, waive, discharge and covenant not to sue the following but not limited to: Steve Montgomery, Ryan Deleo, Asheville Martial Arts & Fitness L.L.C. facility, including its owners, managers, promoters, instructors, lessees of the premises used to conduct the Asheville Martial Arts & Fitness L.L.C. facility or events held at such facility and each of them, their directors, officers, agents, employees, all for the purposes herein referred to as “Releasee”. . . From all liability to the undersigned, my personal representatives, assigns, executors, heirs, and next to kin for ANY AND ALL CLAIMS, DEMANDS, LOSSES, OR DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING BUT NOT LIMITED TO THE DEATH OF THE MEMBER OR DAMAGE TO PROPERTY, ARISING OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.
I hereby acknowledge that the activities of the event(s) are very dangerous and involve the risk of serious injury, and/or death and/or property damage. Each of the undersigned also expressly acknowledged that injuries received may be compounded or increased by negligent rescue operations or procedures of the releasees.
Each of the undersigned further expressly agrees that foregoing release, waive and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of North Carolina or in the Province or State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.
On behalf of the member and individually, the undersigned parents(s) and/or legal guardian(s) for the minor member executed this Waiver and Release. If, despite this release, the member makes a claim against any of the Releasees, the parent(s) and/or legal guardian(s) will reimburse the Releasees for any money which they have paid to the member, or on his behalf, and hold them harmless.

*I HAVE READ THESE RELEASE AND WAIVER OF LIABLITY, ASSUMPTION OF RISK AND INDEMNITY PROVISIONS, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARIY WITHOUT ANY INDUCMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABLITY TO THE GREATEST EXTENT ALLOWED BY LAW.

III. MEDIA RELEASE FORM

Media Release Form.

I grant permission to Asheville Martial Arts & Fitness L.L.C. to use my image (photographs and/or videos) for use in Asheville Marital Arts & Fitness L.L.C. publications including, but not limited to, videos, email blasts, social media posts, recruiting brochures, newsletters, magazines, general publications, and website(s)/affiliates.

I hereby waive any right to inspect or approve the finished photographs or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the image.

I attest that I am at eighteen (18) years or older and, I am competent to contract my own name/the name of the child(ren) of which I am the parent or legal guardian of. I have read this release before signing below, and I fully understand the contents, meaning and impact of this release. I understand that I am free to address any specific questions regarding this release by submitting those questions in writing prior to signing, and I agree that my failure to do so will be interpreted as a free and knowledgeable acceptance of the terms of this release.

IV. ACKNOWLEDGMENT OF ASHEVILLE MARTIAL ARTS & FITNESS L.L.C. POLICIES AND PROCEDURES

I understand that failure to follow the policies and procedures laid out by Asheville Martial Arts & Fitness L.L.C. will result in my expulsion from Asheville Martial Arts & Fitness L.L.C. events, activities, facilities, and classes.

V. GENERAL RULES

If you are feeling flu or cold-like symptoms, please do not come to the gym.
Members and guests must sign in at the front desk before class.
Members and guests must have temperatures and blood oxygen levels checked before entering the gym.
Members and guests must fill out the proper waivers before entering.
Members and guests will not film or take photos without an instructor’s consent.
Equipment left behind will be placed in the lost and found and will be discarded at the end of each week.

I understand that I will still owe the remaining balance(s) of any outstanding contract(s)/membership(s) if my access or privileges are revoked. Warnings will be issued for minor infractions, with repeated offenses resulting in the temporary loss of privileges, while major infractions (fighting, bullying, dangerous or unscrupulous behavior) will result in the immediate forfeiture of all privileges and access. Asheville Martial Arts & Fitness L.L.C. reserves the right to judge such situations on a case-by-case basis.

VII. CLASS AND GYM BEHAVIOR

Arrive at least ten (10) minutes early for class.
There is no contact allowed in ALL FITNESS CLASSES.
A shirt is required at all times in the gym. No exceptions.
No shoes allowed on the mats unless they are boxing or wrestling shoes.
Shoes are required off the mats at all times. (If you are wearing proper mat footwear, you must switch footwear when off the mat).
Keep fingernails and toenails properly trimmed.
Bow on and off the mat.
Shake the instructors’ hand first when you enter the class.
Respect your instructor and your training partners.
No coaching from the side of the mats unless approved by an instructor.
No children (Anyone under the age of 18) in the weight area without adult supervision.
All young children must be supervised by an adult at all times.
No foul language around children.
No political arguments. Leave sex, religion, and politics off the mat.
Take all of your training equipment home.
Any fighting or bullying inside or outside of the gym will result in a lifetime ban. The proper authorities will be notified.

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