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LIABILITY WAIVER AND RELEASE - Member agrees that strict observation of the rules and regulations relative to training, including the use of protective equipment (e.g. boxing gloves), is required and that the participation in physical activities both remote, virtual and/or at The Fit and The Fab Facilities and Premises are at Member’s sole risk. Member understands and agrees that Fitness Kickboxing training include intense physical activities during training and instruction sessions, there maybe some limited physical contact between instructors and Members and between and among the participants themselves and that such contact may result in personal injury despite the best intentions and following adequate precautions. Member hereby agrees to accept and assume any and all risks of injury, death or property damage as a result of its presence at the The Fit and The Fab Facilities and Premises, whether caused by the The Fit and The Fab Facilities and Premises’s negligence or otherwise. To the fullest extent permitted by applicable law, Member hereby expressly and irrevocably waives, as against all Authorized Persons (defined herein), all legal and equitable rights relating to all losses, damages, liabilities, claims, actions, suits, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, demands, including but not limited to claims of defamation, invasion of privacy, violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known, arising directly or indirectly from, any use the facilities, classes, programs or services of the The Fit and The Fab Facilities and Premises or any other activities at the The Fit and The Fab Facilities and Premises or the Authorized Persons’ exercise of any of their rights under this Agreement.