POLICY AGREEMENT

LATE CANCELS/NO SHOWS: I understand that I have up until 12 hours before class to cancel with no penalty. Any cancellations after that time will be considered a "Late Cancel" and will be subject to a $10 penalty for Unlimited Members. "No Shows" will be subject to a $20 penalty for Unlimited Members. Both a "Late Cancel" and "No Show" will result in loss of class if you purchased a trial class, single class, or series package, or have our 8 or 12 classes per month option. If you are not physically present in the gym 5 minutes before the start of class, you will be considered a "No Show" and your space may be given away.

All Access Members are EXEMPT of all penalty fees but are required to cancel their reservations if they are unable to attend the class.

CHECK-IN: Please check-in at least 15 minutes before class to have your hands wrapped by a trainer. If you are not physically present in the gym at start of class, your space may be given away and you will be considered a "No Show".

NO LATE LATE ENTRY: I understand that if I am not in the studio at the start of class, I will not be permitted to attend, and a no-show charge will be applied to my account. 

WAITLIST: I understand that If a class is full, I can sign up for the waitlist. If a space opens up more than 12 hrs before the start of class time, I will receive an email confirmation that I’ve secured a space in the class. If I do not receive an email, I can also check the schedule to see if I have been added or if a new space has opened up. I am responsible for all classes I am added to from the waitlist and will be considered a "No Show" if I do not cancel or attend. 

After 12 hours before the start of class, the waitlist will no longer put a client into class automatically. It is then up to the client to check the schedule for open spots. If a spot opens up, the clients will have to remove themselves from the waitlist and add themselves to the class.

CREDIT CARD CHARGES: I authorize Prevail Los Angeles to charge my credit card for class changes/cancellations not honoring the 12 hour cancellation policy ("Late Cancel") as well as missed classes ("No Shows") as described in the policy above. I understand that Prevail Los Angeles requires a credit card to be kept on file, and I authorize my card to be charged for all Late Cancel or No Show fees I may incur. If I dispute a charge, through my credit card company, that I rightfully owe, I understand that I will be re-charged, including whatever penalty was incurred by the business as a result of my dispute.

VALUABLES AND PERSONAL PROPERTY: I acknowledge that I have been urged to avoid bringing valuables onto the Facilities and that Prevail shall not be liable for the loss of, theft of, or damage to my personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.

ETIQUETTE: To preserve the Prevail community, I agree to abide by Prevail’s etiquette guidelines. Prevail reserves the right to deny access to any person Prevail deems to be acting in an inappropriate or unsafe manner.

REFUNDS: Classes are non-transferable and non-refundable.

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

The undersigned (referred to as "I" or "me") desires to participate in boxing, training, sparring or related activities (the "Activity") provided or sponsored by Prevail LLC, Prevail Hollywood LLC and their respective owners and affiliates. (collectively, "Prevail Los Angeles" or "Company"). In consideration of being permitted by the Company to participate in the Activity and in recognition of the Company's reliance hereon, I agree, on behalf of myself, my heirs, and my personal representatives, to all the terms and conditions set forth in this instrument (this "Release").

I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

I hereby expressly waive and release any and all claims which I may have, or which I may hereafter have, whether known or unknown, against the Company, and its officers, directors, managers, employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.

I understand that by signing this release, I am waiving any and all claims, of any kind arising out of or attributable to my participation in the Activity, including those claims that may be unknown to me, or which I do not suspect to exist at this time. WITH THE INTENTION OF WAIVING ALL UNKNOWN AND UNSUSPECTED CLAIMS, I HEREBY EXPRESSLY WAIVE ALL RIGHTS, BENEFITS, AND PROTECTIONS I MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS:

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.

I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against the Company or any other Releasees in a final judgment, arising out of or resulting from any claim of a third party related to my participation in the Activity, including any claims arising out of my own negligence or the ordinary negligence of the Company.

I hereby consent to receive from any licensed hospital, physician, or medical personnel any medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. To the extent permitted by appliable law, I release all parties from any type of liability for anything that may happen during my treatment as a result of my participation in the Activity any time.

This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Los Angeles, California and I hereby consent to the exclusive jurisdiction of such courts.