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THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS, READ CAREFULLY!
I, hereby voluntarily warrant, acknowledge and affirm on behalf of my heirs, spouse, parents, children, personal representatives, next of kin, executors, administrators, estates, successors, assigns and/or any other person or entity acting on my behalf (collectively, “I”, “Me” or “My”), that I have read, have understood, and agree to the following.
“Activities” means any and all manner of goods and services provided to Me by "The Miami Ice Club / Donato Helbling / Budokon Latin America, LLC" (all referenced in this document as “BLA”). These services may take the form of a fitness program provided by BLA, which may include, without limitation, breathwork, cold exposure, resistance training, conditioning, and aerobic or cardiovascular exercise. This term shall not be limited, in any way, with respect to any location, site or facility at which the services take place.
“Releasees” means (i) B and its past, current and future direct and indirect parents, subsidiaries and affiliates, (ii) each of the officers, directors, owners, employees, members, agents, shareholders, representatives, trustees, partners, servants, volunteers and contractors of each of the foregoing in clause (i), and (iii) each of the respective predecessors, successors and assigns of each of the foregoing in clause (i) and clause (ii).
“Claims” means any and all past, present and future claims, actions, causes of action, demands,
losses, damages, costs, liabilities, judgments, debts, dues, payments, sums of money, expenses,
responsibilities and accounts, in law or equity, contingent or non-contingent, known or unknown,
suspected or unsuspected, foreseen or unforeseen, matured or unmatured, accrued or unaccrued
or liquidated or unliquidated.
ASSUMPTION OF RISK:
I expressly acknowledge that My participation in the Activities constitutes a dangerous activity that exposes Me to serious and substantial risk of physical injury and/or death, and that I have been fully warned with regard to all such risks and hazards. These risks include without limitation FAINTING, BEING SCARED, INJURY TO THE HEAD, NECK OR SPINE; INJURY TO THE MUSCULAR OR SKELETAL SYSTEMS; INJURY TO INTERNAL ORGANS; SCRATCHES, BRUISES, CONTUSIONS, STRAINS, SPRAINS, FALLS, FRACTURES; CARDIAC ARREST; LOSS AND/OR DAMAGE TO SIGHT, TEETH OR HEARING; PARALYSIS; CONCUSSIONS AND TRAUMATIC BRAIN INJURY; SHORT- AND/OR LONG-TERM DISABILITY; LOSS OF INCOME AND/OR CAREER OPPORTUNITIES; SERIOUS INJURY; AND/OR DEATH. I expressly assume all risks arising from, related to, or in connection with My participation in the Activities, including, without limitation, the risks listed above and any risk arising from or relating in any way to the condition of the facilities in which the Activities are provided, the equipment used, the actions of persons other than myself, my own actions and travel to and from the Activities.
RELEASE AND WAIVER OF ALL LEGAL LIABILITY, AND COVENANT NOT TO SUE:
I unconditionally and irrevocably agree to forever discharge, waive, release, indemnify, agree to defend and hold harmless the Releasees or any Releasee of and from any and all Claims arising from, relating to or in connection with My participation in the Activities. I will not now or at any time in the future, directly or indirectly, commence, threaten or prosecute any Claim against the Releasees or any Releasee that I am by this Assumption of Risk, Waiver and Release of Liability discharging, waiving and releasing. This Assumption of Risk, Waiver and Release of Liability includes without limitation all Claims arising under the tort laws of any state, INCLUDING CLAIMS FOR NEGLIGENCE, and extends to all damages whenever arising, but it shall not apply to Claims arising solely from the intentional tortious acts or gross negligence of Releasees or any Releasee.
I hereby agree that I will be solely responsible for any Claims I, My guests, agents or invitees cause, and that I agree to indemnify, defend and hold harmless Releasees or any Releasee against any and all third-party Claims asserted against or incurred by Releasees or any Releasee arising from, relating to or in connection with any act or omission by Me, my guests, agents or invitees, including costs (including but not limited to attorneys’ fees, court costs and defense expenses) of enforcing any right to indemnification hereunder.
The foregoing indemnity SHALL APPLY REGARDLESS OF WHETHER THE THIRD PARTY CLAIMS OR LOSSES ARE CONTRIBUTED TO BY THE ACTIVE OR PASSIVE NEGLIGENCE OF RELEASEES OR ANY RELEASEE, but it will not apply to the extent that the injury, death or property damage is caused or contributed to by the intentional tortious acts or gross negligence of Releasees or any Releasee.
I acknowledge that I have been advised by BLA to seek the medical advice of a physician prior to My participation in the Activities. I further acknowledge and confirm that I have no health conditions or defects that would prevent me from participating safely in the Activities, and that I am sufficiently fit and healthy to so participate.
This agreement and any dispute arising under it shall be governed by and construed in accordance with the laws of Florida without regard to conflict of law principles. I HAVE READ, UNDERSTAND AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, and agree that no representations, statements or inducements apart from those contained herein have been made or are relied upon, and that the releases, waivers, undertakings and covenants of the foregoing provisions shall survive the expiration or termination of this Assumption of Risk, Waiver and Release of Liability and are binding upon Me. I acknowledge that this release is a prerequisite to My participation in the Activities. Finally, I understand that this Release shall be of full force and effect as to any and
all Activities, without regard to the date or timing of such Activities.
MARKETING, SOCIAL MEDIA AND OTHER FORMS OF DOCUMENTATION
This agreement allows BLA to use my image for any and all social media and marketing purposes, without the expectation of payment or compensation of any kind. Also, I agree to receive newsletters and other communications via email.
I represent that I am over the age of 18 as of the date below.