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Waiver and Release of Liability

for CROSSFIT ZANSHIN

DBA

ZANSHIN FITNESS,NCFIT PARTNER

CROSSFIT ZANSHIN DBA ZANSHIN FITNESS, NCFIT PARTNER: will be referred to as ZANSHIN FITNESS throughout this waiver.

Express assumption of risk:  I, the undersigned, am aware that there are significant risks involved in any physical training regimen.  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, my training partner, or other people around me, injury or death due to improper use or failure of equipment. Injury may also result simply from the fact of physical training itself.  By its very nature, physical training seeks to have me push beyond my physical and mental limits in order to produce a physical adaptation by my body.  This requires feedback from me to my trainer regarding what is happening with my body.  Excessive work can result (in rare cases) in exertional rhabdomyolosis.  I should look for signs of excessive soreness, darkened urine, and pain in the kidney areas in the days following a particularly intense workout.  While this type of injury is rare, it can occur due to a number of factors, including (but not limited to) genetic predisposition, medication, or other factors that are beyond the control of my trainer.  I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s).  I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while training with ZANSHIN FITNESS.

I, the undersigned acknowledge that I have no physical condition, illness, or impairment that I know of that will endanger myself or others.

24/7 Program Access Assumption of Risk:  ZANSHIN FITNESS STRONGLY RECOMMENDS THAT YOU CLEAR YOUR PARTICIPATION IN ANY EXERCISE PROGRAM WITH YOUR PHYSICIAN. USE OF THE FACILITIES UNDER THE 24/7 ACCESS PROGRAM IS UNMONITORED, AND YOUR USE OF ZANSHIN FITNESS EQUIPMENT AND FACILITIES IS AT YOUR OWN RISK – ZANSHIN FITNESS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY OR DAMAGES INCURRED BY YOU ARISING OR CONNECTED IN ANY WAY WITH YOUR USE OF ZANSHIN FITNESS EQUIPMENT AND FACILITIES. MEMBERSHIP IS AT ZANSHIN FITNESS SOLE DISCRETION AND ANY VIOLATION OF THE RULES AND REGULATIONS CAN RESULT IN CANCELLATION OF MEMBERSHIP.

IN CONSIDERATION OF ZANSHIN FITNESS MAKING ITS EQUIPMENT AND FACILITIES AVAILABLE FOR MY USE, I ACKNOWLEDGE AND AGREE AS FOLLOWS:

- I am fully aware that my access to the ZANSHIN FITNESS equipment and facilities will be unattended and I am solely responsible for my own safety and well-being while participating in physical training activities at the ZANSHIN FITNESS facilities or utilizing the ZANSHIN FITNESS equipment.  

- I recognize and understand that physical training is not without varying degrees of risk, which may include, but are not limited to the following:  Injury to the musculoskeletal and/or cardio respiratory systems, which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment, or injury or death due to a medical condition, whether known or unknown by me.  

- I willingly assume full responsibility for any and all risks that I am exposing myself to as a result of my participation in physical training and accept full responsibility for any injury or death that may result from my participation.

- I hereby certify that I know of no medical problems that would increase my risk of illness and injury arising from use of the ZANSHIN  FITNESS equipment or facilities.  I understand there exists the possibility of adverse physical changes during physical training.  I fully understand that these changes could include abnormal blood pressure, fainting, disorder of heart rhythm, stroke, and in very rare instances, heart attack or even death.  I understand that certain prescribed medications may exacerbate these physiological changes and create an even greater risk of physical damage or death.  With my full understanding of the above information, I agree to assume any and all risks arising from or in any way associated with my voluntary participation in ZANSHIN FITNESS physical activities or the use of the ZANSHIN FITNESS equipment or facilities under the 24/7 Program Access.  

Release:  In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities available at ZANSHIN FITNESS, I, the undersigned hereby release CrossFit, Inc., its officers and directors, and ZANSHIN FITNESS, their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent  acts or omissions of the above mentioned parties.

This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees.  If any portion of this agreement is held invalid, I agree that the remainder of the agreement 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 ZANSHIN FITNESS 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: The participant recognizes that there is risk involved in the types of activities offered by ZANSHIN FITNESS. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney’s 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 CrossFit, Inc. and ZANSHIN FITNESS, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by ZANSHIN FITNESS.

Photo/Video Release: I hereby grant ZANSHIN FITNESS permission to use my photograph/video image in any and all publications for CrossFit, Inc. or ZANSHIN FITNESS, including on their websites or publications, without payment or any other consideration in perpetuity.

I hereby authorize ZANSHIN FITNESS to edit, alter, copy, exhibit, publish or distribute all photos and images. I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my photo appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph or video images. 

I hereby hold harmless and release and forever discharge ZANSHIN FITNESS from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf of on behalf of my estate which may have or may have by reason of this authorization. 

I am competent to contract in my own name. I have read this release, and I fully understand the contents, meaning, and impact of this release.

Personal Property:  I am responsible for the security and safety of my own property and any personal effects I use, bring to or leave at the ZANSHIN FITNESS facilities, and that ZANSHIN FITNESS cannot guaranty the security or safety of my property.  Should I leave any property at the ZANSHIN FITNESS or otherwise in the custody of ZANSHIN FITNESS, I do so at my sole and absolute risk. ZANSHIN FITNESS shall not have any liability to me or anyone else in the event of loss, damage, destruction or use, whether authorized or not, by any person or theft of any such property.

RELEASE OF LIABILITY CLIENT ACKNOWLEDGEMENT AND ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF NCFIT:

Client acknowledges that the NCFIT training services used include participation in strenuous physical activities, including, but not limited to, running, weight training, biking, gymnastic movements, various aerobic conditioning, and various nutritional programs offered by NCFIT (the "physical activities"). Client acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee/lower back/foot injuries and any other illness, soreness, or injury, however caused, occurring during or after Client's participation in the physical activities. Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a Client, slip and fall by Client, or an unknown health problem of Client. Client agrees to assume all risk and responsibility arising from participation in the physical activities. Client affirms that Client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities. Client acknowledges participation will be physically and mentally challenging, and Client agrees that it is the responsibility of Client to seek competent medical advice regarding any concerns or questions concerning the ability of Client to take part in NCFIT physical activities. By signing this agreement, Client affirms that he or she is capable of participating in the physical activities. Client agrees to assume all risk and responsibilities for exceeding his or her physical limits. Client, on behalf of Client, his or her heirs, assignee(s) and next of kin, waives any claims against and releases NCFIT (as well as any of its owners, employees, or other authorized agents, including independent contractors) from any and all liability claims and/or causes of action that Client may have for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in NCFIT activities, including, but not limited to personal training, nutritional programs, and the physical activities.

I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any 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.

December 5, 2020

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