FIGHT SURF LLC

LIABILITY WAIVER, ASSUMPTION OF RISK, RELEASE OF CLAIMS, LIMITATION OF LIABILITY & INDEMNIFICATION AGREEMENT

PARTICIPANT INFORMATION

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SCOPE OF ACTIVITIES

Fight Surf LLC operates as a strength training facility, group fitness gym, personal and semi-private training studio, and martial arts training facility. Activities include but are not limited to strength and resistance training, weightlifting, conditioning, cardio training, group fitness classes, personal training, striking, grappling, wrestling, pad work, partner drills, controlled contact, self-defense instruction, mobility and recovery sessions, open gym use, workshops, special events, and any off-site activities organized by Fight Surf LLC.

This agreement applies to all participation regardless of membership type, coaching format, supervision level, or location.

ASSUMPTION OF RISK

I expressly acknowledge that participation in activities at Fight Surf LLC involves inherent risks including, but not limited to muscle strains, sprains, tears, joint injuries, dislocations, fractures, head injuries, concussions, cardiovascular events, dehydration, overexertion, falls, collisions, equipment failure, and in rare cases permanent injury, disability, or death.

I understand that martial arts, partner training, and contact drills involve physical contact and elevated risk even in controlled environments.

I voluntarily and knowingly assume all risks, both known and unknown, foreseeable or unforeseeable.

VOLUNTARY PARTICIPATION & HEALTH REPRESENTATION

I represent that I am physically and mentally able to participate and that I have no condition that would prevent safe participation, or that I have been medically cleared.

I agree to immediately stop participation if I experience pain, dizziness, shortness of breath, weakness, numbness, or discomfort and will notify Fight Surf LLC staff immediately.

RELEASE OF LIABILITY

In consideration for being permitted to participate, I hereby release, waive, discharge, and hold harmless Fight Surf LLC, its owners, managers, officers, employees, coaches, trainers, contractors, volunteers, successors, and assigns from any and all claims arising out of my participation including claims based on negligence to the fullest extent permitted under Florida law.

PERSONAL PROPERTY

Fight Surf LLC is not responsible for loss, theft, or damage of personal property.

LIMITATION OF LIABILITY

To the fullest extent permitted by Florida law, Fight Surf LLC shall not be liable for indirect, incidental, punitive, or consequential damages. Total liability for any claim shall not exceed the amount paid by me to Fight Surf LLC in the billing period in which the claim occurred.

INDEMNIFICATION

I agree to indemnify and defend Fight Surf LLC against any claims, damages, or legal fees arising from my participation or violation of this agreement.

EQUIPMENT & FACILITY RULES

I agree to follow all instructions and accept responsibility for damage caused by misuse.

PHOTO & VIDEO RELEASE

I grant Fight Surf LLC permission to use photos and videos for promotional and educational purposes. Opt-out must be submitted in writing.

MINORS

If participant is under 18, parent or guardian agrees to all terms and assumes responsibility.

SEVERABILITY

If any portion is invalid, the remainder remains in effect.

GOVERNING LAW

This agreement shall be governed by the laws of the State of Florida.

DIGITAL SIGNATURE ACKNOWLEDGMENT

By signing electronically, I acknowledge that I have read and understand this agreement and waive substantial legal rights.

Participant Signature

Date

Parent or Guardian Signature (if under 18)

Date

FIGHT SURF LLC

Membership Agreement & Health Studio Contract

FightxSurf (Fight Surf LLC)

210 Moody Blvd.

Flagler Beach, FL 32136

Phone: 1.864.553.9398

Email: info@fightxsurf.com

This Membership Agreement (“Agreement”) is entered into between Fight Surf LLC (“Fight Surf” or “Studio”) and the undersigned participant (“Member”). By signing this Agreement, the Member agrees to the terms governing membership, billing, and participation in training activities at Fight Surf LLC.

 Member Information

Member Name

{name}

Date of Birth

{dob}

Phone

{phone}

Email

Address

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Membership Options

• Strength & Flow Membership ($150 per month)
• Fight Training Membership ($180 per month)
• Strength & Flow + Women’s Kickboxing Membership ($180 per month)
• Personal Training Only (Rates vary)
• Other Membership Type (if applicable)

Membership Selected: {membership_title}

Billing Terms

Memberships are billed monthly on a recurring basis. Charges occur automatically on the billing date established at sign up.

Members must maintain a valid payment method on file. Failed payments may result in suspension of membership privileges until the account is brought current.

The initial term of this agreement shall not exceed thirty six (36) months and thereafter shall only be renewable annually as permitted by Florida law.

Renewal contracts may not be executed and the fee therefore paid until sixty (60) days or less before the preceding contract expires.

Fight Surf memberships generally operate on a month to month basis unless otherwise specified in writing.

Buyer’s Right to Cancel

Members are entitled to the penalty free cancellation of this contract within three (3) days, exclusive of weekends and legal holidays, of its making upon the mailing or delivery of written notice to the health studio.

Notice of cancellation must be delivered or mailed to:

Fight Surf LLC

210 Moody Blvd,  Flagler Beach, FL 32136.

If cancelled within three days, all payments made under this contract will be returned within thirty (30) days after receipt of the notice of cancellation.

 Cancellation if Studio Closes or Relocates

Members are entitled to cancellation and refund of this contract if the contracting business location of the health studio goes out of business, or moves its facilities more than five (5) driving miles from its present location and fails to provide within thirty (30) days a facility of equal quality located within five (5) driving miles at no additional cost to the buyer.

The business location of a health studio shall not be deemed out of business when temporarily closed for repair or renovation of the premises:

Upon sale, for not more than fourteen (14) consecutive days.

During ownership, for not more than seven (7) consecutive days and not more than two (2) periods of seven (7) consecutive days in any calendar year.

Cancellation Due to Death or Disability

This contract may be cancelled if the buyer dies or becomes physically unable to avail himself or herself of a substantial portion of those services which he or she used from the commencement of the contract until the time of disability.

Upon such cancellation, a refund of funds paid or accepted in payment of the contract shall be made. The refund shall be computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term.

The buyer or the buyer’s estate seeking relief under this paragraph may be required to provide proof of disability or death.

A physical disability sufficient to warrant cancellation of the contract shall be established if the buyer furnishes to the health studio certification of such disability by a physician licensed under Chapter 458, 459, 460, or 461 of the Florida Statutes to the extent the diagnosis or treatment is within the physician’s scope of practice.

A refund shall be issued within thirty (30) days after receipt of the notice of cancellation.

Refund Determination

If the Florida Department of Agriculture and Consumer Services determines that a refund is due the buyer, the refund shall be an amount computed by dividing the contract price by the number of weeks in the contract term and multiplying the result by the number of weeks remaining in the contract term.

A refund will be issued within thirty (30) days after receipt of the notice of cancellation.

Written Notice of Cancellation

A member’s notice of intent to cancel shall be given in writing to the health studio. Such notice of cancellation shall also terminate automatically the consumer’s obligation to any entity to whom the health studio has subrogated or assigned the consumer’s contract.

Florida Department Consumer Notice

Members are advised to contact the Florida Department of Agriculture and Consumer Services within sixty (60) days should the health studio go out of business.

Identification Requirement

If the health studio requires a buyer to furnish identification upon entry to the facility as a condition of using the services of the health studio, the health studio will provide the buyer with the means of such identification.

Health Studio Registration

Fight Surf LLC is registered with the State of Florida as a Health Studio.

Registration Number:

HS16991

IMPORTANT CONSUMER NOTICE

SHOULD YOU (THE BUYER) CHOOSE TO PAY FOR MORE THAN ONE (1) MONTH OF THIS AGREEMENT IN ADVANCE, BE AWARE THAT YOU ARE PAYING FOR FUTURE SERVICES AND MAY BE RISKING LOSS OF YOUR MONEY IN THE EVENT THIS HEALTH STUDIO AND OR THIS BUSINESS LOCATION CEASES TO OPERATE.

THIS HEALTH STUDIO IS NOT REQUIRED BY FLORIDA LAW TO PROVIDE ANY SECURITY AND THERE MAY NOT BE OTHER PROTECTIONS PROVIDED TO YOU SHOULD YOU CHOOSE TO PAY IN ADVANCE.

Member Agreement

By signing below, the Member acknowledges that they have read and understood this Membership Agreement and agree to abide by its terms and conditions.

Member Name

Signature

Date

{sign_date}

Fight Surf Representative

Date