Liability Release and Waiver

This legally binding Liability Release and Waiver is made voluntarily by the undersigned individual on his or her own behalf, and on the behalf of his or her own heirs and legal representatives and assigns, (collectively, “Participant,”) to Rock Steady Boxing, Inc.

Participant understands that participation includes the following types of exercise.

a) A Rock Steady Boxing program to fight the symptoms of Parkinson’s disease that may include exercises to build the cardiorespiratory system, the musculoskeletal system, and to improve body composition, hand-eye coordination, and agility.

b) Certain anaerobic and aerobic activities depending on the nature and type of equipment Participant has available at home including, but not limited to, jumping rope, walking/running, exercise, speed or reflex bags, and other similar activities designed to improve balance, muscular strength, endurance, flexibility, range of motion and coordination, through the Organization’s virtual, at-home, unsupervised programming without access to emergency care that may be provided by the Organization at its physical location (collectively defined as “Virtual Activity”) or through the Organization’s in-person programming supervised by the Organization’s staff (collectively defined as the “In-person Activity”).

c) Any gym activity and use The Virtual Activity and In-person Activity may expose Participant to certain dangers, risks or hazards, including (but not limited to) abnormal physical reactions occurring during exercise, such as abnormalities of blood pressure or heart rate, a decrease in the functioning of the heart, and in rare instances heart attacks; falls resulting in musculoskeletal strains, pain, and injury if adequate safety procedures are not followed and that such may still occur even if the proper precautions are taken. The Virtual Activity may also expose Participant to certain dangers caused by the supplies, equipment, and general environment of the Participant’s location, which is wholly within the control of the Participant. It is strongly suggested individuals participating in the Virtual activity unsupervised workouts use self-assessment tools such as the Rate of Perceived Exertion Chart (RPE) to measure the intensity of exercise. The In-person Activity may also expose Participant to certain dangers those caused by supplies, equipment, and actions of others such as the Organization’s agents, employees, staff, volunteers, representatives, and other guests. Additionally, the Participant understands that participating in the In-person Activity even while wearing the proper personal protective equipment and utilizing the Centers for Disease Control and Prevention recommended social distancing and sanitation guidelines may expose Participant to certain dangers, risks or hazards, including (but not limited to) possible physical contact with others as necessary, exposure to Covid-19 and other infectious diseases, contraction of Covid-19 and other infectious diseases, general exposure to other people and supplies, equipment and surfaces touched by others. Participant understands that the risks and dangers of the Virtual Activity and In-person Activity may be caused by the negligence of Participant in partaking in the Virtual Activity and In-person Activity, the negligence of others including the Organization, accidents, the negligence of Participant in the preparation of the area in which the Virtual Activity is to take place, the maintenance of the Participant’s equipment used in the Virtual Activity, accidents, forces of nature, or other causes. Participant chooses to participate in the Virtual Activity and/or the In-Person Activity despite the possible dangers, risks and hazards set forth above, and does so with informed consent.

(1) Liability Waiver/Agreement. Participant hereby waives any and all rights, claims, demands, and damages, at any time, at law or in equity arising out of participation in the Virtual Activity and/or In-person Activity. Participant releases the Organization and its agents, employees, staff, volunteers, and representatives for any injury, including but not limited to illness, paralysis, death, damages, or economical or emotional loss, that Participant may suffer as a result of participation in the aforementioned Virtual Activity and/or In-person Activity and participates entirely at their own risk.

(2) Indemnification and Hold Harmless. Participant agrees to indemnify and hold harmless the Organization against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by Participant or anyone on Participant’s behalf, including attorney’s fees, and any related costs. If litigation arises pursuant to any claims made by Participant or by anyone else acting on Participant’s behalf, Participant agrees to reimburse the Organization.

(3) Facility Use. Participant agrees that improper or unauthorized use of the facility may result in suspension, cancellation of membership rights, or removal from the premises. Participant agrees to report any situation that appears dangerous or disruptive to the Organization staff. Participant understands that the Organization reserves the right to suspend or cancel the rights, privileges, or membership with or without documented cause of any member whose actions are detrimental to the use, safety, and enjoyment of this facility.

(4) Signature. I, the undersigned Participant, affirm that I am of the age of consent. I freely sign this Waiver and certify that I have read and understood its content fully. I am aware that by signing, I release my rights and enter into a legally binding contract with the Organization.