GYM MEMBER WAIVER & LIABILITY RELEASE
GYM MEMBER WAIVER & LIABILITY RELEASE v1.1
In consideration of being permitted to participate in an exercise program, I (hereinafter "Member") hereby release, waive, discharge and covenant not to sue CrossFit HSP (hereinafter "Gym"), its parents, subsidiaries or other affiliates, officers, agents or employees ("Releasees") from any and all liability, claims, demands, actions and causes of action of any kind or nature arising out of or related to any loss, damage or injury, including death, that Member or any of Member's property may sustain resulting from Member's participation in or in any way connected with the services and activities provided by Gym, regardless of whether such loss is caused, in whole or in part, by the negligence of the Releasees and regardless of whether such liability arises in tort, contract, strict liability or otherwise. Member further represents, acknowledges, and accepts that:
1. Member's participation in the training, programs, exercises, and events offered by Releases (hereinafter collectively the "Activities") as part of Member's membership is voluntary and carries inherent risk of personal bodily injury and even death, which Member hereby voluntarily elects to assume, knowing that such activities may be hazardous to Member and Member's property. Member hereby assumes full responsibility for any risk of loss, property damages or personal injury, including death, that Member or Member's property may sustain as a result of participation in the Activities, whether caused by the negligence of the Releasees or otherwise.
2. Rhabdomyolysis ("Rhabdo") can occur when physical activity is so intense that one's muscular cells begin to break down and enter the bloodstream. The symptoms include muscle pain, stiffness and extreme weakness, darkening of the urine, decreased urine output, altered mental status and swelling of the body part involved. I understand that any concerns on my part that I am experiencing any of the symptoms of Rhabdo require immediate presentation to a hospital for emergency treatment. I acknowledge and understand that all individuals engaged in demanding workouts are potentially exposing themselves to Rhabdo or other injuries/negative physical results. I acknowledge and understand that I am the only individual capable of determining if I am experiencing Rhabdo symptoms. I hereby agree and do willingly assume responsibility for any injury or death that may result from participating in this significantly demanding physical activity.
3. Member warrants and represents that Member is of sufficient physical fitness to safely participate in the Activities, and that Member has no medical conditions which would prevent Member's ability to participate in any of the Activities. Member further warrants and represents that all responses regarding Member's physical health contained in the "Member Health Questionnaire," attached hereto, are true and accurate.
4. In consideration of being permitted by Gym to participate in the Activities, Member covenants and agrees to indemnify and hold harmless the Releasees from any loss, liability, damage, claim, or costs, including attorney's fees and court costs, the Releases may incur arising out of or related to Member's membership to the Gym and participation in the Activities.
5. Members, Member's heirs, legal representatives, assigns, and anyone else entitled to act on Member's behalf release, waive, discharge, and covenant not to sue Releasees for any injury, death, or other loss related to Member's participation in the Activities.
6. Member grants Gym permission to use my likeness and a photograph, video, or other digital media “photo” in any and all of its publications, including web-based publications, without payment or other considerations. I understand and agree that all photos will become the property of Gym and will not be returned. Member hereby holds harmless, release, and forever discharges Gym from all claims, demands, and causes of action which member, Member’s heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization
7. Gym reserves the right to remove any guest or member permanently or temporarily at any time without cause.
8. Gym reserves the right to modify or discontinue membership pricing at any time, after providing notice to Members with a 30 days’ notice. (It should be noted that CrossFit HSP will make every attempt to mitigate any issues regarding these topics).
9. 24/7 Program Access Assumption of Risk: USE OF GYM FACILITIES UNDER THE 24/7 ACCESS PROGRAM IS UNMONITORED, AND YOUR USE OF THE EQUIPMENT AND FACILITIES IS AT YOUR OWN RISK – GYM WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY OR DAMAGES INCURRED BY YOU ARISING OR CONNECTED IN ANY WAY WITH YOUR USE OF THE EQUIPMENT AND FACILITIES. MEMBERSHIP IS AT GYM’S SOLE DISCRETION AND ANY VIOLATION OF THE RULES AND REGULATIONS CAN RESULT IN CANCELLATION OF MEMBERSHIP.
10. Member covenants and represents that Member has read and fully understands this Release and understands that Member has given up substantial legal rights by signing it. Member acknowledges and agrees that Member has signed this Release freely, voluntarily, and under no duress or threat of duress, without inducement, promise, or guarantee being communicated to Member.
We strongly recommend that you get clearance from your primary care physician before starting CrossFit or any exercise program.