WAIVER AND RELEASE OF LIABILITY
Definitions
“Athletic Activity” or “Athletic Activities” includes but is not limited to personal training, fitness classes, team or individual competitions, fitness assessment, use of facilities, Olympic lifting, powerlifting, outdoor running, and programs, clinics, seminars, workshops and services provided by The Strength Agenda Performance LLC (DBA Big Shoulders CrossFit) and/or related organizations.
“Injury” shall refer to all forms of physical, mental, and emotional injury in any way related to athletic activity and transportation activities including, but not limited to: death, breaks, strains, lacerations, dislocations, heart failure, concussion, heat illness, dehydration, trauma, anxiety and fears.
1. I am aware that there are inherent and significant risks (“Risks”) associated with participation with the Athletic Activities. I am aware that those Risks include but are not limited to the potential for serious personal injury caused by any event or any condition of the facility or equipment and health risks. I understand the risks may be relative to my own state of fitness and health (physical, mental and emotional), and to the awareness, care and skill with which I conduct myself while participating in the Activities.
2. I freely accept and fully assume responsibility for ALL risks and possibilities of injury, death, or loss resulting from my participation in athletic activities. Although The Strength Agenda Performance LLC (DBA Big Shoulders CrossFit) has taken steps to reduce the Risks and increase safety of the Athletic Activities, it is not possible for The Strength Agenda Performance LLC (DBA Big Shoulders CrossFit) to make the Athletic Activities completely safe. I accept these Risks and agree to the terms of this waiver even if The Strength Agenda Performance LLC (DBA Big Shoulders CrossFit) is found to be negligent or in breach of any duty of care or any obligation to me in my participation in Athletic Activities.
3. With my full understanding of the risks involved, I hereby waiver, release and discharge The Strength Agenda Performance LLC (DBA Big Shoulders CrossFit) from any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, or arising from, in any way connected with my participation in The Strength Agenda Performance LLC’s (DBA Big Shoulders CrossFit)’s Athletic Activities, including any and all alleged negligent acts or omissions of the parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns and transferees.
4. I accept financial responsibility for any injury that I or any participant may cause him/herself or to another participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorneys’ fees and costs to enforce this agreement, I agree to reimburse them for any fees and costs arising out of litigation's.
5. I agree to indemnify and hold harmless The Strength Agenda Performance LLC (DBA Big Shoulders CrossFit), its agents, officers, principals, trainers, employees, members, other participants and contract employees from liability for the injury or death of any person and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by The Strength Agenda Performance LLC (DBA Big Shoulders CrossFit).
6. I agree to allow The Strength Agenda Performance LLC (DBA Big Shoulders CrossFit), its agents, officers, principals, trainers, employees the use of pictures, film and or likeness of me for advertising purposes. In the event I choose not to allow the use of my image for said purpose, I agree to inform The Strength Agenda Performance LLC (DBA Big Shoulders CrossFit) in writing.
7. I understand that The Strength Agenda Performance LLC (DBA Big Shoulders CrossFit) does not have an on-staff Dietitian and any and all dietary recommendations made by any agents, officers, principals, trainers, employees, members, other participants and contracted employees are made for the purpose to supplement the performance and results of the Athletic Activity.
THE STRENGTH AGENDA PERFORMANCE LLC (DBA BIG SHOULDERS CROSSFIT) STRONGLY RECOMMENDS THAT YOU CLEAR YOUR PARTICIPATION IN ANY EXERCISE OR NUTRITION PROGRAM WITH YOUR PHYSICIAN.