To the best of my knowledge, I am in good physical condition and fully able to participate in physical training, including boxing, mma, and weight training. I am fully aware of the risks and hazards connected with the participation in boxing training, including physical injury or even death, and herby elect to voluntarily participate in said event, knowing that the associated physical activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OR LOSS, PROPERTY DAMAGE, OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or loss or damage to property owned by me, as a result of participation in this course.
I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE, Allen Alvir, SAFO Group LLC, Eastern Queens Boxing Club (“EQBC”) or anyone associated with its training, including any training facility that may be used by Alvir, its/their officers, servants, agents, and employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in physical activity, or while on or upon the premises where the event (including all trainings signed in and all scheduled trainings) is being conducted. I UNDERSTAND THAT ANY TRAINER, PERSON WORKING THE ROLE OF A TRAINER, AND/OR A DESIGNATED REFEREE MAY HALT THE ACTION AT ANY GIVEN TIME AND THAT I MUST STOP ALL FORMS OF ATTACK AT SUCH INDICATIONS (VERBAL “BREAK” OR “STOP,” WHISTLE, BELL, OR PHYSICAL GESTURE OF SEPARATION BY A SAID TRAINER OR REFEREE, OR ANY PREVIOUSLY INDICATED COMMAND) ESPECIALLY WHEN MY OPPONENT[S] HAS STOPPED ALL FORMS OF ATTACK. If I do not manage to control myself to a halt, I understand that my opponent and/or anyone under EQBC and including Allen Alvir may apply necessary force to restrain me. I also agree to read and abide to the EQBC Rules at any location of said event or an extension to said event. I know that I may be banned and ejected from event property at any time for any/indefinite time. Ejection from EQBC may be for any infraction or insubordination (applied to rules or instructions WHICH ARE POSTED IN THE FACILITY & MUST BE READ BEFORE SIGNING). Forfeiture of paid monies may follow ejection from EQBC. EQBC reserves the right for discontinuance of agreement for any rule infraction or insubordination.
It is my expressed intent that this release and hold harmless agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVE, DISCHARGE, and CONVENTION TO SUE the above named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be constructed in accordance with the laws of the State of New York, New Jersey, Connecticut, and Pennsylvania.
In signing this release, I acknowledge and represent that I HAVE READ THE FORGOING Waiver of Liability and Hold Harmless Agreement, UNDERSTAND IT AND SIGN IT VOLUNTARILY as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreements have been made; and I EXECUTE THIS RELEASE FOR FULL, ADEQUATE AND COMPLETE CONSIDERATION FULLY INTENDING TO BE BOUND BY SAME.
Agreement (READ CAREFULLY BEFORE SIGNING)
- If any prepaid trainings are missed or need to be missed, it must be rescheduled more than 24 hours ahead of time or LOSE the training session. A maximum of ¼ (one quarter) of total sessions may be rescheduled. All other sessions will be forfeited. Any missed trainings without 24 hour notice will be forfeited. MANDATORY 24 HOUR NOTICE. No make-ups for missed training time due to lateness. If EQBC closes for any reason, NON 1:1 trainees may not be credited for those day[s] unless training had been scheduled over 24 hours in advance. Closures posted on Facebook.com/EQBCNY. Trainees must come prepared or any necessary preparation will be included in the session time. This includes hand-wraps, warm-ups, or any other training preparation needed. All prepaid and camp hours must be scheduled and fulfilled within 6 months from initial session or until the rate of 1 training session per week reaches the total number of sessions paid for from initial session. ATTENTION AND TIME WITH A COACH IS GUARANTEED BUT IT IS UP TO THE BOXER TO SCHEDULE THAT TIME IN ADVANCE. Do NOT LEAVE Belongings in gym unless in your paid locker. Belongings left overnight will be thrown out.
Fees: The undersigned Student[s] and/or Parent /Guardian (herein referred to as “Participant”) understands that regular training attendance is essential in student progress and understands it is the student’s responsibility to attend regularly to trainings with Eastern Queens Boxing Club/SAFO Group LLC or any affiliates (herein referred to as “EQBC”). Student understands that cancellation of membership must be in writing and that membership fees on a month to month basis (for year agreement) will be automatically charged until doing so. In the case of accident, illness, or vacation time, a maximum extension of two(2) months will be granted for each year of the agreement but payments must continue to be made until 12 months of payment have been made. Extensions will not be granted without a written confirmation in advance from EQBC and a Doctor’s NOTE on behalf of the student. Student understands that failure to complete sessions or attend gym within allotted time or extensions will not relieve the Student from his or her obligations and payments under this agreement, except as otherwise specifically provided herein. ANY Lapse in membership will bring student to the current price-point of EQBC. Medical Release: The Participant represents and warrants that the participant has no medical conditions, preexisting or otherwise, that would limit them from participating in any capacity in the EQBC programs. If the participant cannot adequately follow commands, is disruptive in a class setting, behaves inappropriately, or does not comply to the rules and regulations of EQBC, the Participant may be dismissed from training. If this behavior continues in subsequent trainings, this matter must be discussed with management. In the event emergency medical treatment is called for, participant authorizes transportation and licensed medical personnel to perform accepted medical procedures and agrees to bear the expense of any such transportation and/or services. Physical Contact: The Participant understands that during the course of training/instruction provided by EQBC that physical contact between participants, instructors, other persons and inanimate objects may occur. The Participant is aware of the risks of such physical contact and that injury may occur. Protective equipment required by EQBC will reduce the risk of injury, although EQBC does not warrant protective equipment of any kind and the participant acknowledges the potential for bodily injury even with the use of protective equipment. The Participant understands it is his or her responsibility to purchase protective equipment. Release of Liability and Assumption of Risk: The Participant, and/or legal guardian or parent of the participant, freely and voluntarily agrees on behalf of the Participant and his or her heirs, personal representatives, executors, administrators, agents and assigns, to assume all risks of their decision to participate in EQBC programs and agrees to be responsible for their own welfare. Participant accepts any and all risks of delay, unanticipated events, disease or illness, injury, emotional trauma and death associated with their training program at EQBC. All children under age 13 should be supervised by a parent while in attendance at EQBC. Participant agrees to hold harmless EQBC, its owners, employees, and other clients and students , and waives any rights for claims for injury, disease, sexual harassment, demands, obligations, action, causes of action, losses or expenses of any nature whatsoever associated with EQBC. Participant intends his or her signature below to be a complete and unconditional release of liability to the greatest extent allowed by law and verifies this statement. Photo, Video, and Audio Release: The Participant agrees EQBC may take photographs, make videos, or make audio recordings of the participant, classes, and events in which the participant may be present. Participant understands these materials may be used for display, promotions or advertising or sold for profit and hereby waives any rights to or compensation for appearing in such materials.No Refund Policy: Participant or parent shall not be entitled to a refund for any amounts paid to EQBC or any designees pursuant to this Agreement. Covenant Not to Compete or Solicit: Participant agrees that he or she will not, during the term of this Agreement or active membership in perpetuity or for a period of two (2) years thereafter directly or indirectly engage in the business of selling, teaching, instructing or training martial arts, or any like business within a 25 mile radius from EQBC or its affiliates. Participant also agrees not to solicit, call upon, or accept business from any existing participant at EQBC for a like or similar gym or martial arts school or business. EQBC shall have the right to enforce this Agreement through injunctive relief and shall have the right to recover attorney’s fees in any proceeding to enforce this provision. As an EQBC member in your contract year entering or continuing professional competition, member agrees not to enter any other contract for professional boxing training/chief second or boxing management without the expressed written consent of EQBC. EQBC will be your trainer in contract and under contract specifications for the minimum standard corner allotted purse percentage. Transferability: In the event EQBC changes its name, management or ownership, this Agreement is transferable to the new manager or owner. In the event that the participant wishes to transfer his/her rights under this Agreement to another non-Student family member or friend, they may, provided the Student is in good standing and EQBC enters into a written agreement with the prospective Student for the remaining term of the Student’s Agreement. Entire Agreement: This Agreement is the entire Agreement between Participant and EQBC, and is binding upon the parties and anyone who may assume their interests in it. Participant and EQBC agree that any changes to this agreement must be in writing and signed by both Participant and EQBC. If Participant waives any provision in this Agreement, or if any provision is found to be unenforceable, the remainder of this Agreement will remain valid and enforceable. Your membership fee is for use of the facility. Coaching is provided as a free benefit for members on a basis of necessity for the improvement of the member’s boxing skills/knowledge. Cancellation: THERE IS NO CANCELLATION OF ANY MEMBERSHIP BEFORE IT IS SATISFIED. IF YOU CHOOSE TO DISCONTINUE YOUR MEMBERSHIP AFTER YOUR SATISFIED CONTRACT MONTHS (after 12 months), YOU MUST SIGN CANCELLATION or SUBMIT A SIGNED FORM FOR DISCONTINUING MEMBERSHIP 2 MONTHS IN ADVANCE (LAST 2 MONTHS ALREADY PAID FOR) OR YOU WILL CONTINUE MEMBERSHIP AND PAYMENTS. THERE IS NO FREEZING OF PAYMENTS. MISSED TIME MUST BE REQUESTED IN WRITING IN ORDER TO BE CREDITED TIME FOR GYM USAGE AFTER CONTRACT IS SATISFIED. You will continuously be charged, automatic payments or otherwise unless you submit cancellation according to the above. Acknowledgement.________ Deposit: Deposit is due upon sign-up. If you are permitted to join with owing the deposit month[s], EQBC reserved the right to charge your card for the full deposit amount unless stated otherwise on contract. Deposits are also non-refundable. Membership FEES: There is a membership sign-up processing fee ($150). All members who return to EQBC after having failed to fulfill ANY previous contract must pay. Consumer Rights to Cancellation: You may cancel this contract without penalty or further obligation within three (3) days from the date of this agreement. If upon a doctor’s order, you cannot physically receive the services because of significant physical disability for a period in excess of six months To cancel this agreement, mail or deliver a signed and dated notice which states you are canceling this agreement. The notice must be signed by the Student and accompanied by the contract delivered to the Student. In addition, if by reason of death or permanent disability, or if Student(or gym) moves more than 25 miles from any EQBC school, then Student or Student estate, as the case may be, shall be released from further obligation under this Agreement. Determination of pre-paid tuition, if any, to be refunded will be determined based on the then current monthly rate (with no discounts applied) and prorated to establish the amount of pre-paid tuition to be reimbursed. All monies paid, or negotiable instruments executed by the Student pursuant to this Agreement shall be refunded or returned to the Student within fifteen days of receipt of the notice of cancellation; provided that EQBC may retain expenses incurred and the portion of the total price representing services used or completed, and it is further provided that EQBC may demand the reasonable cost of goods and services the Student has used prior to cancellation of the Agreement, as well as a cancellation fee for an amount equal to 30% of the remaining contract. No Refund Policy: Student shall not be entitled to a refund for any amounts paid to EQBC or its designees pursuant to this Agreement. Participant or legal guardian on behalf of Participant, acknowledges that he or she has fully read and informed himself or herself of both sides of the contents of this Agreement and release by reading it before signing it. PAYMENTS MUST BE MADE EVEN IN THE CASE OF NON-ATTENDANCE DUE TO PRICES AND FAIR BUSINESS PRACTICE. One Single Day of gym use with instruction is $160.00. One single month of membership is $218.00 (includes online access to Members Only material). Signed AGREES to read rules and stay updated on club news on www.EQBCNY.com and by registering on the Members Only page.