THRASHERS MUAY THAI LIABILITY/ MEMBERSHIP WAIVER

THRASHERS WAIVER AND RELEASE OF LIABILITY

NOTICE: THIS IS A LEGALLY BINDING CONTRACT. BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOR INJURIES OR LOSSES. PLEASE READ CAREFULLY BEFORE SIGNING.

In consideration of being permitted to participate in activities, including but not limited to fitness training, exercise classes, use of equipment, and other physical activities (collectively, the “Activities”) at Thrashers Muay Thai, located at 3400 INDUSTRIAL LN UNIT 10C BROOMFIELD, CO. 80020 , I, the undersigned Participant, for myself, my heirs, executors, administrators, assigns, and personal representatives (collectively, “Releasor”), knowingly and voluntarily agree to the following terms:

1. Assumption of Risk: I acknowledge that participation in the Activities involves inherent risks, including but not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, property damage, or death. These risks may arise from my own actions or inactions, the actions or inactions of others, the condition of the Facility, or the negligence of the Releasees (defined below). I voluntarily assume all such risks, whether known or unknown, associated with my participation in the Activities.

2. Waiver and Release: I hereby waive, release, and forever discharge THRASHERS MUAY THAI, its affiliates, owners, managers, members, employees, agents, volunteers, representatives, successors, and assigns (collectively, “Releasees”) from any and all claims, demands, or causes of action of any kind, whether for personal injury, property damage, or any other loss, arising out of or related to my participation in the Activities. This release includes, to the fullest extent permitted by law, claims arising from the ordinary negligence of the Releasees.

3. Indemnification: I agree to indemnify, defend, and hold harmless the Releasees from any and all claims, suits, or actions, including attorney’s fees and related costs, brought by me or on my behalf, or arising from my participation in the Activities, including claims resulting from my own actions or negligence.

4. Medical Authorization and Responsibility: In the event I require medical care or treatment, I authorize Thrashers Muay Thai to provide or arrange for emergency medical care, including but not limited to first aid, CPR, use of automated external defibrillators (AEDs), and emergency medical transport. I agree to assume all costs associated with such treatment and acknowledge that I am responsible for maintaining my own health insurance coverage.

5. Physical Condition and Participation: I certify that I am physically and mentally capable of participating in the Activities and that I have consulted with a physician if necessary. I agree not to participate unless I am medically able and properly trained. I further agree to abide by any decision of Thrashers Muay Thai or its representatives regarding my ability to safely participate in the Activities.

6. Equipment and Facility Damage: I acknowledge that I am responsible for any damage to equipment or the Facility caused by my willful actions, negligence, or recklessness, and I agree to reimburse Thrashers Muay Thai for any costs associated with such damage.

7. Governing Law and Severability: This Agreement shall be governed by the laws of the state of Colorado, without regard to its conflict of law principles. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. If a court determines that a provision is invalid but could be enforceable if limited, such provision shall be construed and enforced as limited to the extent permitted by law.

8. Entire Agreement: This Agreement constitutes the entire understanding between the Participant and Thrashers Muay Thai regarding the Activities and supersedes any prior oral or written agreements. No oral modifications to this Agreement shall be valid.

9. Duration: This Waiver and Release of Liability shall remain in effect for the duration of my participation in the Activities, including all initial and subsequent visits to the Facility.

MEMBERSHIP WAIVER

This Membership Agreement (“Agreement”) is entered into between Thrashers Muay Thai, located at 3400 Industrial Ln unit 10C Broomfield, CO. 80020 (“Facility”), and the undersigned individual (“Member”) on [Date].

1. Membership Terms

a. Membership Type: Member has selected the following membership plan: [Membership Type, e.g., Monthly, Annual, Family, etc.]. 

b. Term: The membership term begins on [Start Date] and continues as follows: 

   - [ ] Month-to-Month: Renews automatically each month until terminated as provided below. 

   - [ ] Fixed Term: Continues for [e.g., 12 months] from the start date, with automatic renewal unless terminated as provided below. 

c. Membership Fees: Member agrees to pay the following fees: 

   - Initiation Fee: $[0], due upon signing. 

   - Monthly/Annual Fee: $[depends on your membership option], due [e.g., on the 1st of each month or annually]. 

   - Other Fees: [e.g., late fees, equipment fees, personal training fees, as applicable]. 

   Payments shall be made via [Payment Method, e.g., credit card, bank draft] to Thrashers Muay Thai. 

d. Fee Adjustments: Thrashers Muay Thai reserves the right to adjust membership fees with [e.g., 30 days] written notice to Member. Continued use of the Facility after such notice constitutes acceptance of the adjusted fees.

2. Member Obligations

a. Compliance with Rules: Member agrees to comply with all Facility rules, policies, and procedures, which may be updated at Thrashers Muay Thai’s discretion with reasonable notice. Rules include, but are not limited to, proper use of equipment, dress code, and conduct toward staff and other members. 

b. Health Representation: Member represents that they are in good physical health and capable of participating in fitness activities. Member agrees to consult a physician before beginning any exercise program and to notify Thrashers Muay Thai of any medical conditions that may affect participation. 

c. Personal Property: Member acknowledges that [Gym Name] is not responsible for lost, stolen, or damaged personal property brought to the Facility. 

d. Photo/Video Consent: Member consents to Thrashers Muay Thai using photographs or videos of Member taken at the Facility for promotional purposes, unless Member provides written notice opting out.

3. Cancellation and Termination

a. Member Cancellation: 

   - Month-to-Month Membership: Member may cancel with [e.g., 30 days] written notice to Thrashers Muay Thai (thrashersmuaythai@gmail.com). Cancellation is effective at the end of the billing cycle following the notice period. 

   - Fixed-Term Membership: Member may cancel at the end of the initial term with [e.g., 30 days] written notice. Early termination may be permitted under the following conditions: 

 - Relocation: Member provides proof of relocation more than [e.g., 25 miles] from the Facility. 

     - Medical Incapacity: Member provides a physician’s note verifying inability to use the Facility. 

     - Other: [Specify any additional state-required grounds, e.g., death, disability]. 

     Early termination may incur a fee of $[50.00] or as required by applicable law. 

   - Cancellation requests must be submitted in writing to thrashersmuaythai@gmail.com]. 

b. Facility Termination: Thrashers Muay Thai may terminate this Agreement for any of the following reasons: 

   - Non-payment of fees after [e.g., 10 days] written notice. 

   - Violation of Facility rules or policies. 

   - Conduct that endangers the safety or well-being of others, as determined by Thrashers Muay Thai in its sole discretion. 

   Upon termination, Member shall remain liable for any outstanding fees or charges. 

c. Statutory Cancellation Rights: Member may have additional cancellation rights under state law, including but not limited to a [e.g., 3-day] cooling-off period from the date of signing. Contact Thrashers Muay Thai or consult applicable state law for details.

4. Billing and Payment

a. Automatic Payments: Member authorizes Thrashers Muay Thai to charge the designated payment method for all fees due under this Agreement. Member must notify Thrashers Muay Thai of any changes to payment information at least [e.g., 10 days] before the next billing cycle. 

b. Late Payments: Late payments incur a fee of $20.00 and may accrue interest at [e.g., 1.5% per month] or the maximum rate allowed by law. 

c. Non-Sufficient Funds: A fee of $20.00 will be charged for any returned payments due to insufficient funds or invalid account information. 

d. Collection Costs: Member agrees to pay all costs, including reasonable attorney’s fees, incurred by Thrashers Muay Thai to collect unpaid fees.

5. Limitation of Liability

To the fullest extent permitted by law, Thrashers Muay Thai, its affiliates, owners, employees, and agents shall not be liable for any direct, indirect, incidental, or consequential damages arising from Member’s use of the Facility or participation in activities, except as prohibited by applicable law. Member’s sole remedy for dissatisfaction is to terminate this Agreement as provided herein.

6. Governing Law and Dispute Resolution

a. Governing Law: This Agreement shall be governed by the laws of Colorado, without regard to its conflict of law principles. 

b. Dispute Resolution: Any disputes arising under this Agreement shall be resolved through [e.g., mediation, arbitration, or litigation in Boulder County, CO., as permitted by law. Member agrees to waive any right to a jury trial where applicable. 

c. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. If a court determines that a provision is invalid but could be enforceable if limited, such provision shall be construed and enforced as limited to the extent permitted by law.

7. Miscellaneous

a. Entire Agreement: This Agreement, together with any signed Waiver and Release of Liability, constitutes the entire understanding between Member and Thrashers Muay Thai and supersedes any prior oral or written agreements. No oral modifications to this Agreement shall be valid. 

b. Assignment: Member may not assign or transfer this Agreement without Thrashers Muay Thai’s written consent. Thrashers Muay Thai may assign this Agreement to a successor entity. 

c. Notices: All notices under this Agreement must be in writing and delivered to 3400 Industrial Ln unit 10C Broomfield, CO. 80020 or thrashersmusythai@gmail.com for Thrashers Muay Thai or to Member’s address or email on file. 

d. Force Majeure: Thrashers Muay Thai shall not be liable for any failure to perform due to causes beyond its reasonable control, including but not limited to natural disasters, government regulations, or Facility closures.

8. Acknowledgment

I certify that I am at least 18 years of age (or have a parent/guardian’s consent if under 18), have carefully read this Agreement, and fully understand its terms. I am signing this Agreement freely and voluntarily, without duress or coercion, and understand that it is a legally binding contract.

Acknowledgment: I certify that I am at least 18 years of age and that I have carefully read and fully understand this Waiver and Release of Liability. I am aware that this is a legally binding contract and that I am signing it freely and voluntarily, without duress or coercion. I understand that by signing, I am waiving certain legal rights, including the right to sue Thrashers Muay Thai or the Releasees for personal injury or property damage arising from ordinary negligence. 

PARENT/GUARDIAN WAIVER FOR MINORS

If the Participant is under 18 years of age, this section must be completed by a parent or legal guardian:

I certify that I am the parent or legal guardian of the Participant named above, and I give my consent without reservation to the foregoing Waiver and Release of Liability on behalf of the minor. I understand that by signing, I am waiving certain legal rights on behalf of the minor, including the right to sue for personal injury or property damage arising from ordinary negligence.