READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. IT HAS LEGAL CONSEQUENCES, WILL AFFECT YOUR LEGAL RIGHTS, AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.

EXPRESS ASSUMPTION OF RISK:
The training offered by Ganbatte, Inc., is a strenuous, high-intensity training program designed to push participants to the limit of their physical abilities. Such training carries the risk of injury or even death. I hereby agree to assume the risk of any and all injuries and damages sustained by me which arise during or in connection with such training. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, other participants, my coach, or other people around me; equipment failure; injury or death due to improper use or failure of equipment; strains and sprains; and/or injury or death due to a medical condition, whether known or unknown by me. Because of the physical demands of the training, I understand that I must be in good physical condition to participate in the training. I acknowledge and agree it is my responsibility to determine whether I am sufficiently fit and healthy enough to safely participate in the training.

I have no physical or medical condition that would endanger me or others if I participate in the training, or that would interfere with my ability to safely participate in the training. I am willing to assume and bear the cost of all risks that may be created directly or indirectly of such condition. I represent that I have adequate personal insurance to cover any and all injuries or damage I may suffer while participating in the training offered by Ganbatte, Inc. I assume full responsibility of the potential risk I will be exposed to and accept responsibility of any injury or death to myself or others as a result of participation in training offered by the Ganbatte, Inc. Furthermore, I understand and acknowledge that I have no mental or physical impairments, illness or limitations that will endanger myself or others.

WAIVER AND RELEASE:
I understand and willingly accept all of the aforementioned risks associated with participation in training offered by Ganbatte, Inc. I agree to hold harmless Ganbatte, Inc., its members and affiliates, and all other individuals, coaches, organizations, sponsors, promoters, operators, hosts, instructors, associations, schools, principals, owners, officers, directors, employees, volunteers, agents and other participants connected with the training from all losses (economic and noneconomic), damages, injuries, causes of actions, claims, or complaints which arise out of, result from or are in any way related to my participation in or performance or viewing of any training exercise, and Claims relating to property theft or the provision of first aid, medical care, medical treatment, or medical decisions, or any other activity occurring at or associated with the training location(s) or any other area selected for training by Ganbatte, Inc., or during transit to or from such location(s). I agree to strictly obey instructors and observe all safety rules. This agreement will be binding upon me, my successors, representatives, heirs, executors, assigns or transferees. Should any portion of this agreement by held invalid, I agree that the remainder shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with Ganbatte, Inc. to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.

INDEMNIFICATION:
I recognize that there is risk involved in the types of activities offered by Ganbatte, Inc. Therefore I accept financial responsibility for any injury that I may cause either to myself or to any other participant. Should the above-mentioned parties, or anyone acting on their behalf, incur attorneys fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Ganbatte, Inc. and its principals, agents, employees, and volunteers from liability for the injury or death of any persons(s) and the damage to property that may result from my negligent or intentional act or omission while participating in activities offered by Ganbatte, Inc. I have fully read and fully understand the foregoing assumption of risk, and release of liability and I understand that signing it obligates me to indemnify the parties named for any liability for injury or death of ay person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form, I am waiving valuable legal rights.

PHOTOGRAPHY AND VIDEO RELEASE:
I hereby grant permission to Ganbatte, Inc. to the rights of my image, likeness and sound of my voice as recorded on audio or videotape without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse commercial settings within an unrestricted geographic area.

AGREEMENT TO ARBITRATE DISPUTES:
Any dispute, controversy or claim arising out of or relating in any way to this agreement or your relationship with Ganbatte, Inc., including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of the agreement, shall be exclusively resolved by binding arbitration administered by the American Arbitration Association (AAA). The number of arbitrators shall be one. The place of arbitration shall be Los Angeles, California. California law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.

AGREEMENT AND CONSENT:
I have read the foregoing Agreement carefully and understand its contents, including the arbitration and indemnification provisions.

PARKING LOT AND LIABILITY WAIVER

This agreement releases Ganbatte, Inc. dba Crossfit Ganbatte (“Ganbatte”) and Glendale Freeway Business Center, LLC (the “Building Owner”), from all liability relating to injuries that may occur as a result of activities in the parking lot at 3235 N. San Fernando Road, Los Angeles, California (the “Premises”). By signing this agreement, I agree to hold Ganbatte and the Building Owner entirely free from any liability, including financial responsibility for injuries incurred, regardless of whether injuries are caused by negligence.

I also acknowledge the risks involved in Ganbatte’s fitness program on the Premises, and that some of the activities may involve running, walking, or use of the parking lot. These risks include but are not limited to injuries sustained as a result of cracks in the pavement or other pavement issues, entry into or exiting from the Premises via the back gate, and injuries caused by automobiles, trucks, or other vehicles entering into or leaving the Premises. By signing below, I acknowledge that I am participating voluntarily in activities in the parking lot, and that these risks have been made clear to me. I acknowledge that all activities in the parking lot are optional, and by participating in activities in the parking lot, I assume the risk of any harm that may result. Additionally, I do not have any conditions that will increase my likelihood of experiencing injuries while engaging in this activity.

By signing below I forfeit all right to bring a suit against Ganbatte, the Building Owner, or any of their directors, officers, employees, guides, agents, independent contractors, subcontractors, representatives, successors and assigns for any reason. I will also make every effort to obey safety precautions as listed in writing and as explained to me verbally. I will ask for clarification when needed.

Assumption of the Risk and Waiver of Liability Relating to COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

Ganbatte, Inc. (“Ganbatte”) has put in place preventative measures to reduce the spread of COVID-19; however, Ganbatte cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Ganbatte could increase your risk and your child(ren)’s risk of contracting COVID-19.

By signing this agreement, you acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you or your child(ren) may be exposed to or infected by COVID-19 by attending Ganbatte and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You acknowledge that you understand that the risk of becoming exposed to or infected by COVID-19 at Ganbatte as a result of the actions, omissions, or negligence of any person at Ganbatte, including, but not limited to, Ganbatte employees, volunteers, and program participants and their families.

In addition to any other assumption or risk or waiver you have previously signed, you voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to yourself including, but not limited to, personal injury, disability, death, illness, damage, loss, claim, liability, or expense of any kind, that you may experience or incur in connection with your attendance at Ganbatte. 

On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Ganbatte, its employees, agents, and representatives, of and from any and all claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating to COVID-19. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of Ganbatte, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Ganbatte program.

I fully understand and agree to the above terms.