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Mabuhay Boxing LLC

Informed Consent · Assumption of Risk · Waiver and Release

These rules govern the rights, privileges, and obligations of a member of Mabuhay Boxing LLC (the “Gym,” “Mabuhay Boxing,” or the “Company”), a California limited liability company located at 2025 Gellert Blvd, Suite 203, Daly City, CA 94015. The person enrolling and, where applicable, the parent or legal guardian signing on behalf of a minor, is referred to as the “Member.”

I. The Gym and Management

Mabuhay Boxing LLC, whose principal objective is to provide boxing instruction, fitness, and athletic development for its Members, has appointed a management team (“Management”) responsible for the daily operation of the Gym. Management reserves the right to establish, post, and modify rules governing conduct, safety, class structure, and use of the facility.

II. Membership

2.1 Age requirement.

An applicant under eighteen (18) years old must have a parent or legal guardian submit the enrollment and sign this agreement on the minor’s behalf. Sparring and contact training may be restricted by age at Management’s discretion.

2.2 Application & acceptance.

Management may reject any enrollment without stating a reason. Upon payment of applicable fees and dues, the Member is entitled to the rights and privileges of the enrolled program and is bound by these rules.

2.3 Non-transferability.

Membership is personal to the Member, is non-assignable and non-transferable, and may not be used by anyone else.

2.4 Check-in.

The Member must check in through the Gym’s attendance system each time he/she enters the facility.

2.5 Termination & renewal.

Until Management receives written notice of termination (email: irwin@mabuhayboxing.com), membership and any recurring payments continue after the expiration of a term. A renewal notice will be sent before a program’s expiration date; if renewal is not completed by that date, Management may apply additional fees or adjust rates to current pricing.

III. Fees and Dues

3.1 Membership fees.

The Member shall pay the membership fee specified by Management. Any initial sign-up fee is non-refundable and becomes due upon acceptance. Rates in effect at enrollment are subject to change. Membership fees cover only the sessions enrolled and do not include additional products or services such as amateur bouts, special events, private coaching, competition/cornering fees, boxing/sparring gear, merchandise, or apparel.

3.2 Dues & deadlines.

Dues are paid in advance by automatic debit of the Member’s card on file. Prorated amounts, if any, are due on the first day of class. A late fee of $50 per month applies to delinquent payments; denied payments are subject to a $50 charge. Accounts delinquent more than three (3) months may be sent to collections.

3.3 Dues assessment.

Monthly dues may be increased upon thirty (30) days’ written notice to the Member.

IV. Pre-Termination of Membership

Depending on the program, a Member may pre-terminate membership by giving written notice to Management at least thirty (30) days before the first day of the effective month. Pre-termination may incur penalties or a requirement to complete the contract term, as specified in the Member’s selected plan:

• Month-to-month: may cancel at any time with 30 days’ written notice; no penalty.
• Prepaid / paid-in-full term: non-refundable upon pre-termination.
• Installment term: remaining installments become due upon pre-termination (monthly due × remaining months = penalty).

Hardship exceptions. A Member may pre-terminate or place membership on hold without penalty if (a) the Member has moved 25+ miles from the Gym (documentation required), or (b) for medical reasons (original signed physician’s letter required). Management may cancel or decline to renew any membership, at any time, for conduct that compromises the safety, well-being, or integrity of the Gym, its staff, or its members.

V. Safety, Physical Condition, and Medical Fitness

The Member warrants and represents that he/she is in good physical condition and knows of no medical or other reason why he/she is incapable of engaging in active or passive exercise, boxing training, or sparring, and that such activity is not detrimental to his/her health, safety, or physical condition. The Member represents that he/she suffers from no physical impairment, cardiovascular condition, prior concussion history, or other condition that would make participation unsafe. The Member agrees to disclose to Management any injury, illness, pregnancy, or medical condition that may affect safe participation, and to stop training and seek medical clearance after any head impact, loss of consciousness, or suspected concussion.

Members with an infectious or contagious illness shall not enter or use the Gym where there is a risk to others. The Gym reserves the right to refuse entry to any Member for safety, health, or security reasons, and the Member holds Mabuhay Boxing LLC free and harmless from any claim arising from such refusal.

VI. Required Protective Equipment

All students participating in sparring or advanced training must wear full protective equipment, which may include hand wraps, boxing gloves of the weight designated by the coach, headgear, a fitted mouthguard, and groin protection. USA Boxing–approved and Mabuhay Boxing–approved gear is available for purchase at the Gym. If a Member chooses to use equipment purchased elsewhere, it is the Member’s responsibility to ensure the gear meets applicable safety standards, and Mabuhay Boxing LLC is not liable for any injury incurred while non-approved, worn, or improperly fitted gear is used. Coaches make the final decision on whether a Member is properly equipped and prepared to spar.

VII. Sparring — Specific Acknowledgment

Sparring is live, controlled combat with a training partner and is the activity with the highest risk of injury at the Gym. By participating in any sparring, the Member specifically acknowledges and agrees that:

• Sparring involves intentional physical contact, including blows to the head and body, and carries a risk of concussion and traumatic brain injury, including injuries that may develop or worsen over time from repeated impacts.
• The Member spars voluntarily, only when authorized by a coach, at the contact level and against the partner designated by the coach, and will immediately comply with a coach’s instruction to stop or reduce intensity.
• The behavior, skill, and control of a sparring partner cannot be guaranteed, and injuries may result from a partner’s action or inaction, whether accidental or otherwise.
• The Member assumes all risks arising from sparring, and the release and assumption of risk in Section IX applies fully to all sparring activity.

VIII. Competition and Tournament Participation

Participation in amateur bouts, smokers, exhibitions, and tournaments is optional unless required as part of a competition-team commitment. By choosing to compete, the Member acknowledges and agrees to the following:

• Competition involves physical activity and full-contact combat that may result in injury; the Member assumes all risks associated with competition and related travel and activities.
• Sanctioned amateur competition is governed by USA Boxing and requires a current USA Boxing membership, medical clearance, and compliance with USA Boxing rules. USA Boxing membership insurance applies only to sanctioned events and organized, coached practices — not to day-to-day training at the Gym.
• Coaching, cornering, travel, accommodation, and related fees for competition are separate from regular membership tuition and must be arranged in advance.
• Quality training does not guarantee competitive success; results depend on the Member’s effort and the skills of both the Member and their opponents.

IX. Assumption of Risk, Release, and Waiver of Liability

9.1 Assumption of inherent risk.

The Member understands that boxing, combat-sports training, conditioning, and sparring are inherently dangerous activities. The Member knowingly and voluntarily assumes all risks of injury, whether known or unknown, arising from participation, including but not limited to: bruises, cuts, and lacerations; dental and eye injuries; sprains, dislocations, and broken bones; muscle, joint, and soft-tissue injuries; heat illness, cardiac events, and stroke; concussion and traumatic brain injury, including cumulative or long-term neurological effects; permanent disability; paralysis; and death. These risks may arise from striking or being struck, contact with a training partner, falls, contact with equipment or flooring, the condition of the facility, the actions or inactions of other participants, or the ordinary negligence of the Releasees.

9.2 Release of liability, including negligence.

In consideration of being permitted to participate, the Member, on behalf of himself/herself and his/her heirs, executors, administrators, and next of kin, hereby releases, waives, and forever discharges Mabuhay Boxing LLC and its owners, officers, managers, members, coaches, instructors, employees, agents, and volunteers (the “Releasees”) from any and all claims, demands, losses, damages, and liabilities of any kind arising from or related to the Member’s participation, including claims arising from the ordinary negligence of the Releasees, to the fullest extent permitted by California law.

9.3 Limitation.

This release does not apply to liability for gross negligence, recklessness, or willful or intentional misconduct, and nothing in this agreement waives any right that may not lawfully be waived under California law.

9.4 Indemnification.

The Member agrees to indemnify, defend, and hold harmless the Releasees from any claim, loss, or liability (including reasonable attorneys’ fees) brought by or on behalf of the Member, or arising from the Member’s conduct, to the fullest extent permitted by law.

9.5 Waiver of unknown claims (Civil Code § 1542).

The Member expressly waives the protections of California Civil Code § 1542, which reads: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The Member understands this means he/she is releasing claims that are not known or suspected at the time of signing.

9.6 Emergency medical treatment.

The Member consents to first aid and emergency medical treatment in the event of injury, and agrees to be financially responsible for the cost of any such treatment or transport. Mabuhay Boxing LLC does not provide health, medical, or accident insurance for its Members.

X. Parent / Guardian Consent for a Minor

I, the undersigned parent or legal guardian of the minor named below, in consideration of the minor being permitted to participate in Mabuhay Boxing LLC programs, assume full responsibility for all risks of injury or loss that may result from the minor’s participation. I agree to release, hold harmless, indemnify, and forever discharge the Releasees, and I waive any claims that I or the minor may have, arising from the minor’s participation, whether caused by the ordinary negligence of the Releasees or otherwise, to the fullest extent permitted by law. I understand the risks inherent in boxing and sparring, including concussion, traumatic brain injury, permanent disability, and death. To the best of my knowledge, the minor has no medical, physical, or emotional condition that would prevent safe participation. This release is binding on me, the minor, and our respective heirs, executors, and administrators.

XI. Photography, Video, and Intellectual Property

By participating in Mabuhay Boxing activities, the Member grants the Gym permission to use photographs, video, and recordings of the Member (or the minor) taken during classes, events, or competitions for promotional, educational, or informational purposes, including social media, websites, and marketing. A Member who does not consent must submit a written opt-out request to Management before participating. Members may photograph or record their own child only, and may not record or post images of other students or their children without the explicit permission of that student’s parent or guardian. All Mabuhay Boxing names, logos, and materials are the property of Mabuhay Boxing LLC and may not be reproduced without written consent.

XII. Gym Etiquette and General Terms

• No food or drink (other than water) is permitted in the training/mat area. The Gym is a non-smoking, substance-free facility; anyone under the influence of alcohol or drugs is prohibited.
• Respectful conduct is required at all times; harassment, abusive language, and unsafe behavior are grounds for removal or termination of membership.
• Guests and non-enrolled persons are not permitted on the training floor. Members must notify a coach when leaving the training area.
• Mabuhay Boxing LLC is not responsible for lost, stolen, or damaged personal property. Lost-and-found items unclaimed after thirty (30) days may be disposed of.
• Members are responsible for the cost of repairing or replacing Gym property they damage.
• Class schedules may be adjusted for holidays, competitions, or special events, with advance notice; such closures are factored into membership plans and do not change fees.

XIII. Amendment, Governing Law, and Severability

Management may amend, add to, or delete these rules with notice to Members; the current version will be posted at the Gym or on its website. This agreement is governed by the laws of the State of California, and the parties agree that venue for any dispute lies in San Mateo County, California. If any portion of this agreement is held invalid or unenforceable, the remaining portions shall continue in full force and effect.