Disclaimer of Liability/General Release: I understand that I have been, or will be, admitted as a Participant at XCMMA, based in material part on this General Release and Waiver. I am fully informed and aware
of the nature of the classes and the physical dangers therein. As a Participant at XCMMA, I intend to and will engage in strenuous physical activities and classes on the XCMMA premises. I understand that these physical
activities involve certain risk and exposure to personal injury, which risk and exposure I voluntarily assume for myself and any member of my family. Further, I understand that the risk to have contact with individuals
who have been exposed to and/or have been diagnosed with one or more communicable diseases, including but not limited to COVID-19 or other medical conditions, diseases, or maladies does exist, and it is impossible to eliminate
the risk that I could be exposed to and/or become infected through contact with or close proximity with an individual with a communicable disease. I knowingly and freely assume all such risks for myself and any member of
my family and assume all full responsibility for my participation. In consideration of the mutual covenants contained herein and other good and valuable consideration, including the use of the XCMMA facilities, the receipt
and sufficiency of which are hereby acknowledged, I hereby release in full and forever discharge XCMMA, Couture MMA and Fitness, LLC, and each of their directors, officers, managers, Participants, employees, contractors,
and agents, whether acting officially or otherwise, on behalf of myself or any member of my family, our heirs, successors, assignees, executors, administrators, and personal representatives, from any and all injury, liability,
damages, claims, demands, and/or courses of action, whether foreseen or unforeseen, relating to or deriving from any injury to me or any injury to any member of my family, during or arising out of the use of the XCMMA facilities
or participation in any XCMMA event (e.g. classes, training, seminars, etc.)
Rules and Regulations: Member agrees to follow club rules as promulgated from time to time. Violation of these rules may be cause for revocation of access to XCMMA services and facilities without right to be refunded any pre-paid fees. Admission: All Participants must check in at the front desk or pre-register for training on the XCMMA App, Mindbody App, or through XCMMA's Mindbody site prior to entering the XCMMA training area.
Representations: Participant acknowledges that he or she is in good physical condition and has no medical reason or impairment that might prevent Participant from his or her intended use of the XCMMA facilities. Participant further acknowledges that if Participant has any health or medical concerns prior to or subsequent to becoming a Participant of XCMMA, Participant will discuss them with a Physician before using the XCMMA facilities.
Communicable Disease: Participants are NOT permitted in the training area with any type of infectious disease, including, but not limited to COVID-19, Influenza, Staph, and/or ring worm. Participants are to notify staff members of any outbreak of such communicable disease.
Dress Code / Required Equipment: Sandals or shoes are to be worn at all times unless on a matted area. Closed toed shoes are to be worn in the cardio/free weights area at all times. Appropriate attire and equipment are required for all classes.
Lost or Stolen Property: I agree that XCMMA, Couture MMA & Fitness LLC, and each of their agents and employees are not responsible for lost or stolen articles or any other possessions of personal property. We strongly suggest that you keep your possessions locked in a locker and leave valuables at home.
Severability: If any part of this contract shall be held invalid, that part shall be deemed excluded from this contract and the remainder of the contract shall remain in full force and effect.
Demeanor: While on XCMMA premises, everyone shall refrain from using loud, foul or slanderous language or harassing, molesting, badgering, or soliciting other individuals. In no event shall member's behavior, demeanor, hygiene, or attitude be in any way offensive, threatening, intimidating, unsanitary or in any manner contrary to the best interest of the membership as a whole.
Discrimination: XCMMA does not and shall not discriminate on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations. These activities include, but are not limited to, hiring and firing of staff, selection of volunteers and vendors, and provision of services. Further, no such discrimination by anyone making use of our facilities and services will be tolerated. We are committed to providing an inclusive and welcoming environment for all members of our staff, volunteers, subcontractors, vendors, and clients.
Update Emergency Contact Records: Member agrees to provide prompt written notice to XCMMA of any changes in the Member's contact information.
Warning: The use of drugs (including Performance Enhancing Drugs), alcohol, and tobacco are prohibited on XCMMA property.
Arbitration: If there is any dispute between the Member and Couture MMA & Fitness, LLC with respect to this Agreement including but not limited to financial obligations, the use of the XCMMA facilities, personal injury and property, contract or tort damage of any kind, the parties agree to submit it to binding arbitration in Las Vegas, Nevada, before a single arbitrator using the American Arbitration Associations Commercial Arbitration Rules. Any judgment on the arbitrator's award may be entered in any court having jurisdiction. The party bringing the claim will pay the costs of the arbitration including the arbitrator's fees, but each party will bear its own cost and expenses in connection with the arbitration, including its own attorney's fees. The arbitration award shall be complete and final and parties waive all rights to appeal or any right to challenge the award. The parties shall not disclose the existence, contents or results of the arbitration without the written consent of both parties.
No Waiver: XCMMA may enforce any terms of this agreement, or exercise any right created by this Agreement, regardless of the number of times it has opted not to enforce the same term or exercise the same right in the past. Notices: All notices required under this Agreement shall be tendered to Xtreme Couture MMA 4055 West Sunset Rd., Las Vegas, NV 89118. All notices to Member shall be delivered to Member's address currently on file in XCMMA's member database.