Waiver of Liability | Empower Boxing Club

SUNNYSIDE BOXING CLUB LLC D/B/A EMPOWER BOXING CLUB

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

This Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnity Agreement ("Agreement") is entered into by the undersigned participant ("Participant," "I," "me," or "my") in favor of Sunnyside Boxing Club LLC d/b/a Empower Boxing Club, its owners, members, managers, officers, employees, coaches, trainers, contractors, volunteers, and agents (collectively, "Empower Boxing Club," "the Gym," "we," or "us"), in connection with Participant's use of the Gym's facilities, equipment, and programs, including but not limited to group boxing classes, group strength training classes, one-on-one (private) training, unsupervised open gym hours, and sparring (collectively, the "Activities").

PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE THE GYM OR RECOVER MONEY FOR CERTAIN INJURIES. DO NOT SIGN IT UNLESS YOU HAVE READ AND UNDERSTOOD IT.

1. Acknowledgment and Assumption of Risk

I understand and acknowledge that boxing, strength training, sparring, and related physical activity carry inherent and significant risks of injury, and that participation in the Activities is entirely voluntary. These risks include, without limitation:

Cuts, bruises, sprains, strains, muscle and joint injuries, and broken bones;
Concussions, sub-concussive impacts, traumatic brain injury, and long-term neurological effects (including conditions such as chronic traumatic encephalopathy) from strikes to the head, whether received in sparring, mitt work, bag work, or otherwise;
Eye, nose, ear, dental, and facial injury;
Injury from physical contact with another person, including punches, clinches, and falls, particularly during sparring;
Injury from use of free weights, resistance equipment, and other strength-training equipment;
Cardiovascular events, including heart attack or stroke, brought on by strenuous exercise;
Injury resulting from my own pre-existing physical condition, fatigue, dehydration, or failure to follow instruction;
Injury resulting from the action, inaction, negligence, or skill level of other participants, including sparring partners, who are not agents of the Gym;
Aggravation of a prior injury or medical condition; and
Death.

I understand that this list is illustrative and not exhaustive, and that unanticipated risks may also result in injury, illness, or death.

2. Sparring — Additional Acknowledgment

I understand that sparring involves live, semi-controlled physical combat with another person and carries meaningfully greater risk of injury — including head trauma — than non-contact training. I acknowledge that:

I may choose to spar or decline to spar, and my participation in sparring is voluntary each time it occurs;
The Gym may set general safety guidelines (such as requiring headgear, mouthguards, gloves, or coach approval) for sparring, but cannot guarantee my sparring partner's skill, control, temperament, or compliance with those guidelines;
Even "controlled" or "technical" sparring carries real risk of significant injury, including concussion; and
I am responsible for communicating any physical limitation or medical condition to Gym staff before sparring.

3. Unsupervised Open Gym Hours — Additional Acknowledgment

I understand that during designated "open gym" hours, I may use the Gym's facilities and equipment without a coach, trainer, or staff member actively supervising or instructing me. I acknowledge that:

No coach or staff member will be monitoring my technique, form, exertion level, or equipment use during unsupervised open gym hours;
It is my sole responsibility to use equipment safely, within my own skill and fitness level, and in accordance with any posted rules;
I should not engage in sparring or other high-risk activity during unsupervised hours unless it is expressly permitted by posted Gym policy; and
In the event of injury or a medical emergency during unsupervised hours, staff may not be immediately available to assist me, and it is my responsibility to have a means to call for help (such as a phone) and to know the location of the nearest exit.

4. Release and Waiver of Liability

TO THE FULLEST EXTENT PERMITTED BY COLORADO LAW, I, on behalf of myself, my heirs, executors, administrators, assigns, and personal representatives, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Gym, its owners, members, managers, officers, employees, coaches, trainers, independent contractors, volunteers, and agents (the "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, personal injury, illness, or death that may be sustained by me while participating in the Activities, or while on the Gym's premises, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, except to the extent caused by the Released Parties' gross negligence, willful or wanton conduct, or intentional misconduct.

This release does not waive any claim based on gross negligence, willful or wanton conduct, or violation of any non-waivable statutory duty, to the extent such a waiver is prohibited by Colorado law.

5. Indemnification

To the extent permitted by law, I agree to INDEMNIFY AND HOLD HARMLESS the Released Parties from any loss, liability, damage, or cost, including reasonable attorneys' fees, that the Released Parties may incur due to my participation in the Activities and arising from any claim made by or on behalf of myself, whether caused by the negligence of the Released Parties or otherwise, except to the extent arising from the Released Parties' gross negligence or intentional misconduct.

6. Medical Condition and Authorization for Emergency Care

I represent that I am physically fit and have no medical condition that would prevent my safe participation in the Activities, or that I have disclosed any such condition to the Gym in writing. I understand that the Gym does not provide medical insurance for me, and that I am solely responsible for my own health/medical insurance and for any medical costs I incur.

In the event of an injury or medical emergency during the Activities, I authorize Gym staff to contact emergency medical services (911) and to arrange for emergency transportation and treatment on my behalf if I am unable to communicate, and I agree to be financially responsible for any resulting costs.

7. Rules of Conduct

I agree to follow all posted rules, verbal instructions from coaches and staff, and safety equipment requirements. The Gym reserves the right to remove any participant from an activity, class, sparring session, or the premises for failure to follow safety instructions or for conduct that endangers themselves or others.

8. Photo and Video Release

I grant the Gym permission to photograph and/or video record me during the Activities and to use such images or footage for promotional purposes, including on social media and the Gym's website, without compensation to me. I may revoke this permission at any time by notifying the Gym in writing; revocation will not affect any use that occurred before the Gym received notice.

9. Governing Law and Enforceability

This Agreement is governed by the laws of the State of Colorado, without regard to conflict-of-law principles. If any provision of this Agreement is found by a court to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable, or severed if it cannot be so modified.

10. Acknowledgment

I have read this Agreement in its entirety. I understand that by signing below, I am giving up substantial legal rights, including the right to sue the Gym for injuries caused by ordinary negligence. I am signing this Agreement freely and voluntarily, and I intend for my signature to be a complete and unconditional release of all liability to the greatest extent allowed by Colorado law.

Parent/Guardian Consent for Minor Participant

Review this section only if the Participant is under 18 years of age. Group classes are limited to adult participants; minors may participate only in one-on-one (private) training.

Pursuant to Colorado Revised Statutes § 13-22-107, I, as the parent or legal guardian of the minor Participant named, have read and understood this Agreement in its entirety. On behalf of myself and the minor Participant, I agree to all of its terms, including the release, waiver, and assumption of risk described above, to the fullest extent permitted by Colorado law, in exchange for the minor Participant being permitted to take part in private training at the Gym.

Last updated: [August 7th, 2026]