PLEASE READ THIS CAREFULLY. By signing this legal document, you are giving up any legal rights you may have to seek monetary damages against Miami Sports Box, LLC ("Miami Sports Box") in a court of law or any other venue, including, without limitation, arbitration and mediation proceedings:
1. Coaches, Players, Academy Owner, Athletes, Weight Room Staff / Clients, Guest and Event or League host and their staff desire to participate in the selected activities conducted by Miami Sports Box in its facilities (the "Activities").
2. As a condition for participating in the Activities, I agree, understand, acknowledge, and represent the following: Participation in the Activities and use of the facilities are at my own risk and responsibility; The Activities and the equipment needed to perform them are potentially hazardous and involve the risk of injury.
3. Participating in the Activities may cause consequential injury to the Participant, damage to property of the Participant or third parties.
4. Medical problems may arise if I undertake and participate in the Activities. However, to the best of my knowledge, I am in good physical health or do not otherwise have knowledge of any medical condition that would prohibit me or make it dangerous for me to engage in the Activities.
5. I have sought medical advice from a medical practitioner before participating in Activities or have chosen not to seek medical advice to engage in the Activities;
6. There is risk of injury to myself or third parties associated with participation in the Activities;
7. Miami Sports Box staff or contractors are not medical practitioners and cannot provide medical advice;
8. Miami Sports Box does not provide facilities for treatment or transport of the Participant if he/she is injured.
9. I will abide by the rules for participating in the Activities as instructed by Miami Sports Box.
10. If fail to follow instructions from staff and any rules of Miami Sports Box in respect to Activities, I may not be permitted to participate in the Activities any further and will not receive a refund.
11. In the event medical assistance is required on site, any and all medical expenses incurred will be the responsibility of the Participant or the Participant's family.
12. I do hereby declare I have decided to participate in activities offered by Miami Sports Box and use of these facilities and premises voluntarily, and assume all risks of injury, illness, or death.
13. I do hereby waive, release, and forever discharge Miami Sports Box and its subsidiaries, franchisees, and affiliates, as well as, its owners, officers, employees, contractors, administrators and all others (hereinafter the "Releasees") from any and all claims, suits, damages, demands, or actions including but not limited to damages for injury, emotional distress claims, bodily injury claims, and punitive damages, whether known or unknown, foreseen or not, due to or resulting from the acts, conduct, negligence including those caused by passive or active negligence by me or Releases), or misfeasance of, or omissions or failures to act, arising from or connected with my participation in any services, or activities, of Miami Sports Box and its subsidiaries, franchises, and affiliates, or from the use of any of its facilities, services, or machinery.
14. This waiver and release of liability includes, without limitation, all injuries which may occur as a result of: a) Participant's use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction; b) the sudden and unforeseen malfunctioning of any equipment; c) our instruction, training, supervision, or dietary recommendations; d) Participant slipping and/or falling while in the building, or on the premises, including adjacent sidewalks and parking areas; e) contact with other participants; f) the effects of the weather, including high heat and/or humidity; and all other such risks being known and appreciated by Participant.
15. Participant agrees to waive non-economic damages (for example: pain and suffering) in case of injury and in the event this waiver is unenforceable then said non-economic damages shall be capped at $100.00.
16. I agree to indemnify Miami Sports Box against and save it harmless from any and all damages, actions, claims, judgments, cost of litigation and attorneys' fees which may result from the Participant's use of, or presence upon, the property or facilities of Miami Sports Box, including damage to the equipment of Miami Sports Box and owner of property where Activities are conducted.
17. For myself and my heirs, my estate, insurers and assigns fully release Miami Sports Box, its affiliated companies, successors, and assigns (and any other Releasors as defined in this Agreement) from any damages, injuries (including death), lawsuits, expenses (including attorneys' fees) and any other liability or claims described in this Agreement, of or to me or any other person, in connection with participation in the Activities.
18. Each party hereto hereby irrevocably waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in any legal proceeding directly or indirectly arising out of or relating to this Agreement or any document or the transactions contemplated hereby or thereby (whether based on contract, tort or any other theory).
19. I agree that if any provision of this Agreement is held invalid, the invalidity does not affect the validity of other provisions which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.