CrossFit Saraland LLC, RELEASE OF LIABILITY, COVENANT NOT TO SUE & IMAGE RELEASE
In consideration of myself and/or on behalf of my child/ward’s participation in CrossFit Saraland’s training program or any activities associated with CrossFit Saraland’s activities and/or training program, I, on behalf of myself and/or Ward, acknowledge, accept and agree to the following:
(1) The risk of serious injury and/or death from the activities involved participating in any physical activity, weightlifting, mobility, or gymnastics movements is significant and may include, without limitation, the following:
(i) sprains; (ii) strains; (iii) fractures, (iv) over-use injuries, (v) heart attack; (vi) permanent paralysis; and/or (vii) death. I, on behalf of myself, and/or my Ward, fully understand that I, or my Ward, may incur major or minor injuries while participating in said Programming. While particular rules, equipment and/or personal discipline may reduce this risk, the risk of serious injury and/or death does exist.
(2) AFTER OPPORTUNITY TO FULLY INFORM MYSELF ABOUT CROSSFIT SARALAND’S PROGRAMING, ON BEHALF OF MYSELF AND/OR MY WARD, I, KNOWINGLY, VOLUNTARILY AND FREELY ASSUME AND ACCEPT ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OR ACT OR OMISSIONS OF THE RELEASEES, as hereinafter defined, or others, and assume full responsibility and all risks for myself and/or my Ward’s participation in CROSSFIT SARALAND’S programming.
(3) Please understand that despite all the precautions that you, other members, and/or CROSSFIT SARALAND may take, we cannot guarantee your health or safety, and you may still be exposed to COVID-19, including through interactions with other individuals who have COVID-19. By executing this release and gaining access to the facility, you, on behalf of yourself, your heirs, beneficiaries, representatives, successors and assigns: (1) voluntarily assume all risks associated with any exposure to COVID-19, including, but not limited to suffering any type of medical condition, illness and, potentially, death; and (2) knowingly and voluntarily waive, release, covenant not to sue, forever discharge, indemnify, and hold harmless COMPANY, its parents and subsidiaries and their respective officers, directors, employees, contractors, agents, representatives, successors and assigns (“Released Parties”) from any and all liability, damages, losses, suits, demands, causes of action to the fullest extent permitted by the laws of this state, or any other claims of any nature whatsoever, arising out of or relating in any way to your use of the facility and your potential exposure to COVID-19.
(4) I, on behalf of myself, and/or my Ward, understand that by participating in CROSSFIT SARALAND’S Programming that I am participating in a physical activity and that I, on behalf of myself, and/or my Ward, realize that there are inherent risks and dangers associated with physical activity and/or an exercise regimen. By participating in this programming or activity I, on behalf of myself, and/or my Ward, am asserting that I, on behalf of myself, and/or my Ward, am physically capable of participating in said exercise regimen, have consulted a doctor regarding my, or my Ward’s, capability of participating in said exercise regimen, and have fully disclosed any health or medical conditions that may affect my ability to participate in any exercise regimen.
(5) To the fullest extent permissible by applicable law, I, on behalf of myself, and/or my Ward (if applicable), and our respective heirs, assigns, spouses, partners, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE CROSSFIT SARALAND LLC, and their respective owner, officers, directors, employees, contractors, representatives, agents and affiliates and, as applicable, any direct or indirect parent or subsidiary, predecessor, successor, heir, assign, media partners, associated charity, sponsor or medical providers of any of the foregoing (collectively, the “Releasees”) WITH RESPECT TO ANY SUITS, CLAIMS, OR LOSS AND ALL INJURY, DISABILITY, DEATH, AND/OR LOSS OR DAMAGE TO PERSON OR PROPERTY, IN CONNECTION WITH MY OR MY WARD’S PARTICIPATION IN CROSSFIT SARALAND LLC’S PROGRAMMING, WHETHER ARISING FROM THE NEGLIGENCE OR WILLFUL CONDUCT OF THE RELEASEES OR OTHERWISE. I further agree to indemnify, defend and hold harmless Releasees from any loss liability, cost, claim and/or damages arising from Participant’s participation in or association with the Programming, including, but not limited to, reasonable attorney’s fees.
(6) I, on behalf of myself, and/or my Ward, attest and verify that: (i) unless indicated below, I am over 18 years of age and am legally signing on behalf of myself or, if applicable, Ward; (ii) Participant is free from all illnesses, injuries and defects that could interfere with his/her safe participation in said Programming; (iii) Participant is physically fit and sufficiently trained to participate in all activities associated with the Programming; and (iv) on the during participation in CROSSFIT SARALAND'S Programming, Participant will possess and be covered by medical/health insurance, individually or as part of an organization. I acknowledge that Participant, and I, as Ward’s parent/ legal guardian (if applicable), am aware and informed of the inherent risks in participating in the Programming and that Participant’s participation in an Event is entirely voluntary.
(7) I, on behalf of myself, and/or my Ward, consent to administration of first aid and other medical treatment and related services, including evacuation/transport, in the event of injury or illness in connection with participation in the Event and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment and/or services. I further consent and agree to obtain, furnish and allow, if required, the use and disclosure of my personal health information by such providers in connection with rendering services and or treatment, and to sign any additional documents that may be requested by such providers, in connection such information or services.
(8) I, on behalf of myself, and, if applicable, my Ward, irrevocably grant unlimited permission to CROSSFIT SARALAND LLC to use, reproduce, sell, disseminate and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of participant or my or Ward’s participation in an event or related activity for any legitimate purpose in perpetuity and I understand that Participant will not be entitled to any compensation in connection therewith.
(9) I understand I am purchasing a membership at a 24/7 facility that allows access at any time. As such, I am aware that there will be no supervision or assistance except during staffed hours. Staffed hours may change at the sole discretion of CROSSFIT SARALAND. I am aware if I get injured, become unconscious, suffer a stroke or heart attack or any other medical emergency or event, there will likely be no one to respond to my emergency and that CROSSFIT SARALAND has no duty to provide assistance to me while I am at the gym. I understand even though the gym is equipped with surveillance cameras, these record, but are not monitored continuously; help will not be available during non-staffed hours. However, a first aid station is located in the facility.
(10) If any of the provisions of this Waiver, Release of Liability, Covenant Not To Sue & Image Release (“Waiver”) shall be deemed by a court of competent jurisdiction invalid or unenforceable in any respect, then, to the fullest extent permitted by applicable law, all other provisions hereof shall remain in full force and effect.
I CERTIFY THAT I HAVE READ AND FULLY UNDERSTAND THIS WAIVER. BY PARTICIPATING IN THE ACTIVITIES ASSOCIATED WITH CROSSFIT SARALAND, I UNDERSTAND THAT I HAVE GIVEN UP, ON BEHALF OF MYSELF AND/OR MY WARD, SUBSTANTIAL RIGHTS AND I ACCEPT THESE TERMS FREELY AND VOLUNTARILY.