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FOUR ELEMENTS FITNESS 

LIABILITY WAIVER AND PERSONAL RELEASE AGREEMENT

LOCATION: Four Elements Fitness Gym, 322 Frank H. Ogawa Plaza, Oakland, CA 94612

 In order to participate in training at Four Elements Fitness, the Participant unconditionally agrees to the following terms and conditions:

1. Waiver of Responsibility. Participant hereby remisses, releases, and forever discharges Four Elements Fitness, TuffLove Fitness, Inc., and  their subsidiaries, sponsors, directors, officers, employees, agents, insurers, owners, representatives, successors, instructors and operators for any incidence of theft, accident, or other damages that may occur during participation in training at Four Elements Fitness. 

2. Release from Liability. Participant hereby understands and acknowledges that
they will be engaging in physical activities that potentially involve the risk of serious injury. They acknowledge that by participating in these activities, they are willingly exposing themself to inherent risks, including but not limited to, accident, injury, illness, or death. Participant understands that they are participating in a martial art and/or physical exercise which includes body contact. They understand that the forms of martial arts practiced at Four Elements Fitness involve choke holds, joint locks, and strikes to the face and body which could potentially cause serious injury or even death. They also understand that these forms of martial arts include close physical contact including bodily touching. They assume full responsibility for all their actions during any activity  connected to Four Elements Fitness and TuffLove Fitness, Inc. They understand the risk of participating in this form of martial arts training and hereby release Four Elements Fitness and TuffLove Fitness, Inc. and all of their agents, employees and associates from any and all liability, claims, demands, actions, medical bills and cause of action whatsoever arising out of or relating to any negligent or other act or omission, and/or loss, damage, or injury, including death, that may be sustained by the undersigned or any property of the undersigned in participating in this form of training.

3. Medical Personnel. Participant agrees to hold harmless whatever medical personnel may be present at any event held at or by Four Elements Fitness or TuffLove Fitness, Inc. to take any action necessary, should they become injured. Participant authorizes, and agrees to hold harmless, Four Elements Fitness and TuffLove Fitness, Inc. personnel or whatever medical personnel may be present to perform any medical assistance deemed necessary should the Participant become injured, and agrees to bear the expense of any such treatment.

4. Representation of Health. Participant states that they are in good health and know of no reason why they cannot train in this form of martial art; that they will not participate while under the influence of any drug or medication; that no one affiliated with Four Elements Fitness or TuffLove Fitness, Inc has encouraged them to enter or made any representations regarding their fitness or ability to participate; that they have read and understood every provision of this release; that they are legally competent to and free to enter into this waiver, release and assumption of risk agreement. 

5. Covid-19 Safety. Participant acknowledges the contagious nature of the Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing; that Four Elements Fitness and Tuff Love Fitness, Inc. have put in place preventative measures to reduce the spread of the Coronavirus/COVID-19; that Four Elements Fitness and TuffLove Fitness, Inc. cannot guarantee that the participant will not become infected with the Coronavirus/Covid-19. Participant hereby confirms that they will not enter the gym under any of the following conditions: when experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell; when they have knowingly been exposed to someone with a suspected and/or confirmed case of the coronavirus/Covid-19; when they have been diagnosed with the coronavirus/Covid-19 and not yet cleared as non contagious by state and local public health authorities. Participant states that they were vaccinated against Covid-19 and that they have shown valid documentation of their Covid-19 vaccination to an instructor at Four Elements Fitness in order to be permitted to participate in gym activities.

6. Authorization to Use Likeness and Image. Participant agrees that their attendance and performance at the gym may be photographed, filmed, and/or taped and used by Four Elements Fitness and TuffLove Fitness, Inc. for marketing purposes. Participant authorizes the use of their image and waives any compensation thereof, even if they discontinue training at Four Elements Fitness.

7. Authorization to be Contacted. Participant acknowledges that they would like to receive correspondence from the Four Elements Fitness and TuffLove Fitness, Inc. via any telephone, mail, and email address provided by the participant.

8. Indemnification. Participant agrees to indemnify and hold Four Elements Fitness, Tuff Love Fitness, and their respective officers, directors, agents, employees, representatives, successors and assigns harmless from any and all liability, damages and costs, including court costs and reasonable attorney’s fees, resulting from any breach or alleged breach of its representations and warranties hereunder. Should any dispute arise out of, or is any way be related to the participant’s activities at Four Elements Fitness, they are hereby expressly waiving and giving up their right to the filing of a lawsuit in the state of California or federal court and a trial by jury.

9. Gym rules and sparring rules. Participant acknowledges that they have reviewed Four Elements Fitness’s gym rules and sparring rules posted under Gym Policies on fourelementsfitness.com, has read them, understands them, and agrees to obey them. Participant understands that disobeying the rules may, at the discretion of gym instructors and/or gym management, result in suspension or expulsion from Four Elements Fitness. Participant will not be entitled to a refund if expelled. 

10. Right to refuse service. Participant acknowledges that Four Elements Fitness reserves the right to refuse service to anyone. 

11. Membership cancellation. Participant acknowledges that ongoing memberships can only be cancelled by emailing Four Elements Fitness at info@tufflove.org. Participant acknowledges that membership cancellations requests must be received by the 15th day of the previous month (for example, by May 15 to cancel June membership). Participant accepts that for cancellation requests made after the 15th, participant will be charged for two weeks of membership fees starting on the date of the request. Participant acknowledges that memberships cannot be cancelled retroactively.

Signed by {name} or, if Participant is under eighteen years of age by Participant's legal guardian, on {sign_date}.