RELEASE OF LIABILITY
READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of Boxing reflex training where the person/s will be punching a target and spinning bar which will swing back in 360 degree towards the person/s head so that they develop the skills of blocking or dodging. Organized by Hit and Move LLC, of PO box of 151524, Alexandria, VA 22315 and/or use of the property, facilities and services of Hit and Move LLC, I, (the Customer, Buyer, Client, Owner of Gym, or whom buys the product) agree for myself and (if applicable) for the members of my family and the people whom I allow to use the product of Hit and Move LLC, to the following:
- AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any directions, rules and warnings given by Hit and Move LLC, or the employees, representatives or agents of Hit and Move LLC. I also agree to instruct and provide these warnings to any person who can use the product with my permission. I further agree to provide the warnings to any person or company if I personally transfer the possession of product to.
- ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and anybody who is allowed to use the product by me (if applicable), and further release and discharge Hit and Move LLC for injury, loss, death or damage arising out of my or anybody`s use of the product of Hit and Move LLC, whether caused by the fault of myself, the person who is allowed to use by me, my family, Hit and Move LLC or other third parties.
- INDEMNIFICATION. I agree to indemnify and defend Hit and Move LLC against all claims, causes of action, damages, judgments, death, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my usage or any person who is allowed to use this product by me.
- FEES. I agree to pay for all damages to the products of Hit and Move LLC caused by any negligent, reckless, or willful actions by me or anybody who uses the product.
- APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Virginia law.
- NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Hit and Move LLC has offered to refund any fees I have paid to order the product if I choose not to sign this Agreement.
- ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
- ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
- WARNINGS AND DIRECTIONS
Boxing, kickboxing, and all martial arts are high risk contact sports. Although this equipment may provide a degree of training in these activities, this equipment involves significant risk of physical injury and potential death for the individual using the equipment and for the people around the equipment while it is being used. It is the responsibility of whom using the product to make sure the spinning bar does not harm others. Hit and Move LLC is not responsible in such accidents or incidents.
When any person uses this equipment, protective gear on the head, a mouth guard and boxing gloves are required. This equipment can cause serious injuries to your head, knuckles, face, jaw, eyes, teeth, nose, lips if this equipment is used recklessly without protective gear. Users of the equipment are solely responsible for all these risks and anybody who can use the equipment is under the responsibility of the initial buyer/owner who signs this release of liability form. For all lawsuits that may arise due to personal injury or property damage, the user/purchaser of the equipment is solely responsible for and agrees not sue Hit and Move LLC.
- ADDITIONAL INSTRUCTIONS AND RULES
1) Remember not to hang on the spinning bar, and do not let children or any person hang on or swing with it. Bearings are designed for providing a spin and resistance to regular punches, not designed for pull ups or hanging. Bearings that are damaged by force cannot be returned or replaced by HIT and MOVE LLC.
2) Remember, always keep your hands up while training with this equipment and protect yourself with mouth guard and head gear when necessary in accordance with your skill level. The spinning bar may cause damage to teeth, nose, face, and head without head gear.
3) Remember to use only clean water or water/sand to fill the base tank. Refrain from salt or chemicals to fill the tank.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.