Terms and Conditions
THE BOX REQUIRES THAT THE PARTICIPANT, FOLLOWS SAFETY RULES AND INSTRUCTIONS THAT ARE DESIGNED TO PROTECT THE PARTICIPANT’S SAFETY. HOWEVER, THE PARTICIPANT MUST RECOGNIZE THAT THERE IS AN INHERENT RISK OF INJURY WHEN CHOOSING TO PARTICIPATE IN FITNESS CENTER ACTIVITIES. PLEASE READ THIS LIABILITY WAIVER CAREFULLY. THE PARTICIPANT IS SOLELY RESPONSIBLE FOR DETERMINING IF HE/SHE IS PHYSICALLY FIT AND/OR ADEQUATELY SKILLED TO PARTICIPATE IN ANY WORKOUT HELD AT OR HOSTED BY THE BOX. IT IS ALWAYS ADVISABLE TO CONSULT A PHYSICIAN BEFORE UNDERTAKING ANY FITNESS CENTER ACTIVITY, ESPECIALLY IF THE PARTICIPANT IS PREGNANT, SUFFERS FROM AN UNDERLYING MEDICAL CONDITION, TAKES MEDICATION, SMOKES CIGARETTES, HAS A FAMILY HISTORY OF CORONARY DISEASE, OR HAS RECENTLY SUFFERED AN ILLNESS, INJURY OR IMPAIRMENT. CLIENT ACKNOWLEDGES AND AGREES THAT BY SIGNING THIS WAIVER THEY ARE OPTING INTO THE BOX'S NEWSLETTER (CLIENT MAY UNSUBSCRIBE AT ANY TIME).
THE PARTICIPANT EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE ACTIVITIES ARE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY, DEATH AND/OR PROPERTY DAMAGE. THE PARTICIPANT ACKNOWLEDGES THAT ANY INJURIES THAT HE/SHE SUSTAINS MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. THE PARTICIPANT ACKNOWLEDGES THAT HE/SHE IS VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE INHERENT DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE BOX, THE NEGLIGENCE OF THE PARTICIPANT, OR OTHERWISE.
THE PARTICIPANT HEREBY EXPRESSLY WAIVES AND RELEASES ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE BOX, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, MEMBERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “RELEASEES”), ON ACCOUNT OF INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF, OR ATTRIBUTABLE TO, ANY AND ALL PARTICIPATION IN THE ACTIVITIES, WHETHER ARISING OUT OF THE NEGLIGENCE OF THE BOX OR ANY RELEASEES OR OTHERWISE. THE PARTICIPANT COVENANTS NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE BOX OR ANY OTHER RELEASEE, AND TO FOREVER RELEASE AND DISCHARGE THE BOX AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS.
THE PARTICIPANT SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE BOX AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEY’S FEES, FEES AND THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS LIABILITY WAIVER AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, INCURRED BY/AWARDED AGAINST THE INDEMNIFIED PARTY, ARISING OUT OF OR RESULTING FROM ANY CLAIM OF A THIRD PARTY RELATED TO THE ACTIVITIES PERFORMED, UNLESS SUCH LOSSES WERE THE RESULT OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
THIS LIABILITY WAIVER CONSTITUTES THE SOLE AND ENTIRE AGREEMENT OF THE BOX AND THE PARTICIPANT WITH RESPECT TO THE SUBJECT MATTER CONTAINED HEREIN AND SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS UNDERSTANDINGS, AGREEMENTS, REPRESENTATIONS AND WARRANTIES, BOTH WRITTEN AND ORAL, WITH RESPECT TO SUCH SUBJECT MATTER. IF ANY TERM OR PROVISION OF THIS LIABILITY WAIVER IS INVALID, ILLEGAL OR UNENFORCEABLE IN ANY JURISDICTION, SUCH INVALIDITY, ILLEGALITY OR UNENFORCEABILITY SHALL NOT AFFECT ANY OTHER TERM OR PROVISION OF THIS LIABILITY WAIVER OR INVALIDATE OR RENDER UNENFORCEABLE SUCH TERM OR PROVISION IN ANY OTHER JURISDICTION. THIS LIABILITY WAIVER IS BINDING ON AND SHALL INURE TO THE BENEFIT OF THE BOX AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. ALL MATTERS ARISING OUT OF OR RELATING TO THIS LIABILITY WAIVER SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF FLORIDA WITHOUT GIVING EFFECT TO ANY CHOICE OR CONFLICT OF LAW PROVISION OR RULE. VENUE FOR ANY LEGAL PROCEEDING ARISING HEREUNDER SHALL BE IN MIAMI-DADE COUNTY, FLORIDA.