Terms and Conditions


IMPORTANT: RELEASE AND WAIVER OF LIABILITY AND INDEMNITY.

You hereby acknowledge and agree that use by Member and/or Member’s minor children of the facilities, services, equipment or premises offered by 101 Boxing Club LLC as used in this provision includes 101 Boxing Club LLC, its employees and contractors) involves risks of injury to persons and property. Member understands, voluntarily accepts and assumes full responsibility for such risks, which include (but are not limited to).injuries arising from use of exercise equipment and machines; injuries arising from participation in supervised or unsupervised activities or classes; injuries arising from physical contact with other individuals and/or heavy bags, injuries and medical disorders arising from exercising such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; accidental injuries occurring in restrooms and common areas; and injuries so severe they result in permanent disability, head injury, paralysis, and even death. Further, in consideration of Member and Member’s minor children being permitted to enter any facility of 101 Boxing Club (a ""Club"") for any purpose including, but not limited to, observation, use of facilities, services or equipment, or participation in any way, Member agrees that 101 Boxing Club will not be liable for any injury to the person or property of Member and/or Member’s minor children, and Member hereby releases and holds harmless 101 Boxing Club from all liability to Member, Member’s children and Member's personal representatives, assigns, heirs, and next of kin for any loss or damage, and forever gives up any claim or demands therefore, on account of injury to person or property, including injury leading to death, whether caused by the active or passive negligence of 101 Boxing Club or otherwise, and whether related to exercise or not, to the fullest extent permitted by law, while Member and/or Member’s minor children are in, on, or about Club premises or using any 101 Boxing Club facilities, services or equipment. Member also hereby agrees to indemnify 101 Boxing Club from any loss, liability, damage or cost 101 Boxing Club may incur due to the presence of Member and/or Member’s children in, on or about Club premises or in any way observing or using any facilities or equipment of 101 Boxing Club, whether caused by the negligence Member(s) or otherwise. You also represent (a) that Member and Member’s minor children are in good physical condition and have no disability, illness, or condition that could prevent Member(s) from exercising without injury or impairment of health, and (b) that Member has consulted a physician concerning an exercise program that will not risk injury to Member or impairment of Member's health. Member further expressly agrees that this release and waiver of liability and indemnity is intended to be as broad and inclusive as permitted by the law of the state of California and that if any portion is held invalid, the balance shall continue in full force and effect. Member has read this release and waiver of liability and indemnity and agrees that no oral representations, statements or inducement apart from this Agreement have been made. Dues Rate: 101 Boxing Club may increase the Dues amount after your one-year anniversary date with at least 30 days’ notice.

Agreement to Arbitrate. IN THE EVENT OF ANY DISPUTE (OTHER THAN ONE FILED IN A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS) BETWEEN YOU AND 101 Boxing Club (“101 Boxing Club” AS USED IN THIS PROVISION MEANS 101 BOXING CLUB, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS), YOU AND 101 BOXING CLUB CONSENT TO ARBITRATE THAT DISPUTE BEFORE A SINGLE ARBITRATOR UNDER THE THEN CURRENT RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN A LOCATION NEAR YOUR 101 BOXING CLUB, RATHER THAN LITIGATE THE DISPUTE IN COURT. YOU AND 101 BOXING CLUB ALSO AGREE THAT THE FEDERAL ARBITRATION ACT GOVERNS THE ARBITRABILITY OF ALL DISPUTES BETWEEN YOU AND 101 BOXING CLUB. IF YOU DO NOT WANT TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY 101 BOXING CLUB IN WRITING, BY MAIL TO 101 BOXING CLUB AT 1714-S NEWBURY ROAD, NEWBURY PARK CA 91320, WITHIN 30 DAYS OF THE DATE YOU FIRST RECEIVE THIS AGREEMENT, STATING THAT YOU DO NOT WANT TO RESOLVE DISPUTES WITH 101 BOXING CLUB BY ARBITRATION. IN ADDITION, YOU AGREE NOT TO PARTICIPATE IN A CLASS ACTION, A CLASS-WIDE ARBITRATION CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S ACCOUNT, IF 101 BOXING CLUB IS A PARTY TO THE PROCEEDING. THE ARBITRATOR SHALL INTERPRET AND DETERMINE THE VALIDITY OF THE ARBITRATION PROVISION, INCLUDING UNCONSCIONABILITY. IF THE ARBITRATOR FINDS THAT THE ARBITRATION AGREEMENT, INCLUDING CLASS WAIVER, IS UNENFORCEABLE, THE ENTIRE ARBITRATION PROVISION SHALL BE NULL AND VOID AND EITHER PARTY MAY FILE THE ACTION IN COURT

  
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