(Parental/Guardian consent is required if Guest (student) is under the age of 18)

1. Representation as to Health Condition.
You agree and acknowledge that physical exercise, participation in any activity, class, dance class, yoga session, personal training or instruction offered at BAJ Limited (trading as Moving Cube Studio) (“MCS”) and the use of any amenities and equipment of the facilities of MCS at the Moving Cube Studio premises, or any off-site location (collectively the Services and Facilities) can all be strenuous and inherently involve varying degrees of risk of serious injury, permanent disability or even death. You understand it is your responsibility to assess your fitness level (including, without limitation, to obtain a physical examination from a qualified doctor where appropriate) before commencing use of the Services and Facilities.  You represent and warrant that you are physically fit and mentally capable to use the Services and Facilities. You acknowledge that you do not suffer from any medical condition that would increase your risk of illness or injury or otherwise limit or prevent your use of the Services and Facilities.

2. Assumption of Risks.
By using the Services and Facilities you agree that you do so entirely at your own risk.  This includes, without limitation, the risks of:
a)  accidents or injuries associated with your use of the Services and Facilities, including in particular, but without limitation, in relation to the activities of martial arts including, but not limited to boxing, kick boxing or BJJ;
b)  sudden and unforeseen malfunctioning or failure of any amenities or equipment;
c)  error or omission in advice, instruction, training, supervision, coaching, treatment or dietary recommendations given, administered or prepared by MCS or any person acting on behalf of MCS;
d)  negligence of participants, guests, third parties or any other person within the premises of Moving Cube Studio or any person acting on behalf of MCS;
e)  mental or physical health problems of participants, guests, third parties or any other person within the premise of Moving Cube Studio or any person acting on behalf of MCS; and
f)  damage to or loss, destruction or theft of your property.

You accept that in addition to the risks described above there may be other risks or hazards not known or foreseeable when you sign this release and waiver (Release and Waiver). You acknowledge that all such risks or hazards can result in property damage, bodily injury, permanent disability and death.

You agree that you are using the Services and Facilities voluntarily and fully and willingly assume all risks including but not limited to injury, illness, temporary or permanent disability, death and property damage or loss arising out of or in connection with such use.

3. Liability and Release and Waiver of Claims.
To the fullest extent permitted by law, you expressly and voluntarily agree to waive, release and discharge BAJ, its shareholder(s), and related companies and their respective officers, employees, directors, principals, agents, servants and/or any other person or persons in connection with them (collectively known as the Released Parties) from any and all claims and liabilities, causes of action, demands, proceedings, costs, losses, expenses and damages of any kind arising out of or in connection with your use of the Services and Facilities. To the fullest extent permitted by law, you further agree not to hold the Released Parties liable for any negligence, wilful act or omission, default or fraud of the Released Parties or any third party within Moving Cube Studio premises.

You understand and agree that this Release and Waiver shall be effective and binding upon not only yourself but also your spouse, heirs, next of kin, guardians, executors or administrators of your estate, personal representatives, assigns and successors in interest.

4. Indemnification.
You agree to defend, fully indemnify and hold harmless the Released Parties from and against any and all claims and liabilities, causes of action, demands, proceedings, costs (including, but not limited to, legal fees), losses, expenses and damages of any kind incurred by the Released Parties arising out of or in connection with: (1) any breach by you or any of the Released Parties of this Release and Waiver; (2) any act, omission, default, negligence and wilful misconduct of you, the Released Parties or any other person in connection with the use of the Services and Facilities; or (3) any liabilities and claims  arising out of misrepresentation made by the Released Parties. This obligation to indemnify BAJ shall survive for a minimum period of 10 years after your last visit to MCS.
 
5. Severability.
If any provision or part thereof of this Release and Waiver shall be deemed by a court of competent jurisdiction to be invalid or otherwise unenforceable, it shall be deleted from this Release and Waiver and the remainder of this release and wavier shall remain and continue in full force and effect in accordance with its terms.

You acknowledge that you have carefully read this Release and Waiver and fully understand that it is a release and wavier of liability and you voluntarily agree to its terms.  You further agree to voluntarily give up and waive any right that you may otherwise have to claim, demand or bring legal action against the Released Parties for negligence, personal injury or property damage or loss action or for any other claim or action.