Waiver, Release of Liability, Assumption of Risk, and Indemnity Agreement

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By registering for, attending, or participating in any ONYX Interactive Inc. (“ONYX”) class, session, event, program, service, or activity, whether on-site, off-site, or virtual, you knowingly and voluntarily agree to the following terms of this Waiver, Release of Liability, Assumption of Risk, and Indemnity Agreement (the “Agreement”):

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1. Assumption of Risk

You acknowledge and understand that participation in fitness classes, private sessions, training, wellness activities, workshops, or any other ONYX-related activity involves inherent and unpredictable risks, hazards, and dangers. These include, but are not limited to: slips, trips, falls, equipment malfunction or misuse, collisions, overexertion, dehydration, musculoskeletal injuries, cardiovascular events, exposure to contagious illnesses, and other serious injuries up to and including paralysis or death.

You expressly, knowingly, and voluntarily assume all risks—foreseen and unforeseen—whether caused by your own actions, the actions or inactions of others, or the condition of the facilities, equipment, or premises. You accept full personal responsibility for your participation and any resulting consequences.

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2. Medical Fitness to Participate

You affirm that you are in good health and physically able to participate safely. You represent that you have consulted with a physician regarding any preexisting, current, or potential medical conditions—including but not limited to cardiovascular disease, bone/joint problems, respiratory issues, or neurological conditions—that may affect your ability to engage in physical activity. You agree to immediately stop participation if you experience pain, dizziness, shortness of breath, or any adverse symptoms, and you accept sole responsibility for monitoring your own condition.

ONYX is not a medical provider, does not diagnose or treat conditions, and does not guarantee the safety or suitability of any activity for your health status.

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3. Release, Waiver, and Indemnification

In consideration of being allowed to participate, you, on behalf of yourself and your heirs, executors, administrators, personal representatives, successors, and assigns, hereby:

• Waive and Release: Fully and forever waive, release, discharge, and covenant not to sue ONYX, its owners, officers, directors, shareholders, investors, employees, contractors, instructors, agents, landlords, lessees, sponsors, volunteers, representatives, affiliates, and franchisees (the “Released Parties”) from any and all liability, claims, demands, causes of action, losses, damages, expenses (including attorneys’ fees), or suits of any kind, whether at law or in equity, arising out of or related to your participation in ONYX activities.
   

• Scope of Release: This release applies to all claims, including those arising from the ordinary negligence, active negligence, passive negligence, or gross negligence of the Released Parties, as well as from dangerous or defective equipment, facilities, or conditions.
   

• Indemnity: You agree to defend, indemnify, and hold harmless the Released Parties against any and all claims, liabilities, damages, judgments, costs, or expenses (including attorneys’ fees) brought by third parties arising out of or related to your participation, conduct, or presence on ONYX premises.

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4. Consent to Media

You grant ONYX the irrevocable right to use, reproduce, distribute, and display any photographs, video, or audio recordings of you taken during ONYX activities for promotional, educational, commercial, or other lawful purposes, without compensation.

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5. Governing Law; Severability

This Agreement shall be governed by and construed in accordance with the laws of the state in which the ONYX activity occurs. If any provision is found unenforceable, the remaining provisions shall remain in full force and effect.

 

6. Binding Effect

By entering ONYX premises, registering for, attending, or participating in any ONYX class, event, service, or activity—whether physically or virtually—you acknowledge that you have read, understood, and voluntarily agree to be legally bound by the terms of this Agreement.

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Acknowledgment and Agreement

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By completing and submitting the form below, I acknowledge that I have carefully read and understood the Waiver, Release of Liability, Assumption of Risk, and Indemnity Agreement. I understand that I am voluntarily giving up certain legal rights, including the right to sue, and I agree to be bound by the terms of the Agreement.

I further confirm that I am of legal age (18 years or older), or that I am the parent/legal guardian of a participating minor, and I consent to these terms on their behalf.