Please read this! It contains some important educational and legal information for you.
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 CrossFit Diehard.
I, the undersigned acknowledge that I have no physical condition, illness, or impairment that I know of that will endanger myself or others.
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 CrossFit Diehard, the undersigned hereby release CrossFit, Inc., its officers and directors, and CrossFit Diehard, 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 CrossFit Diehard 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 CrossFit Diehard. 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 Diehard, 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 CrossFit Diehard.
Photo/Video Release: I hereby grant CrossFit Diehard permission to use my photograph/video image in any and all publications for CrossFit Diehard, including on their websites or publications, without payment or any other consideration in perpetuity.
I hereby authorize CrossFit Diehard 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 CrossFit Diehard 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.
CrossFit Diehard 24/7 Open Gym Access Waiver of Release and Liability Assumption of Risk:
Boswell Fitness DBA CrossFit Diehard strongly recommends that you clear your participation in any exercise program with your physician. Use of the CrossFit Diehard facilities under the 24/7 access program is unmonitored, and you use of the CrossFit Diehard equipment and facilities is at your own risk. CrossFit Diehard 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 CrossFit Diehard equipment and facilities. Membership is at CrossFit Diehard’s sole discretion and any violation of the rules and regulations can result in cancellation of membership.
Unattended Access: “I recognize that I may be attending the facility and using the facility’s equipment at times when the facility is unattended by facility staff or other members. I assume the risk of injury due to equipment failure, improper form, conduct of others using the facility or other causes related to lack of supervision and waive any claim arising out of the facility being unsupervised or unattended.”
“In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in self-administered activities using the equipment or facilities, and with my full understanding of all of the above, I hereby waive, release, remise and discharge Boswell Fitness Inc. DBA CrossFit Diehard and its successors, members, managers, agents, officers, and employees of any and all liability, claims, demands, action or rights of actions, or damages of any kind related to, arising from, or in any way connected with, my participation in physical training or my use of the equipment or facilities.”
Indemnification: “I recognize there is risk involved in the types of activities commonly performed at CrossFit Diehard and/or otherwise arising from use of the CrossFit Diehard equipment or facilities. Therefore, I accept all liability and responsibility, financial or otherwise, for any injury that I may cause to myself, any guest of mine utilizing the CrossFit Diehard equipment or facilities, or to any other person utilizing the CrossFit Diehard equipment or facilities due to my negligence or intentional acts. Should CrossFit Diehard or any of its successors, members, managers, agents, officers, or employees, or anyone acting on behalf of any of these individuals, be required to incur attorney’s fees, legal fees, expenses, costs or loss (collectively “Losses”) due to any injury that I may cause to myself or to any other person utilizing the CrossFit Diehard equipment or facilities due to my negligence or intentional acts, I agree to fully reimburse CrossFit Diehard and/or such persons for such Losses. I further agree to indemnify, hold harmless, and, if necessary, defend Boswell Fitness Inc. DBA CrossFit Diehard and its successors, members, managers, agents, officers, or employees, from and against all liability for the injury or death of any person(s), including myself, and any damages or Losses whatsoever arising from my use of the CrossFit Diehard equipment or facilities.”
“I understand that I may not transfer my access credentials to another person and that my membership is for my sole use. I understand I am responsible for the conduct of any unauthorized person that accesses the facility through my credentials. I agree to indemnify the facility, including the payment of the facility’s reasonably incurred attorney’s fees for any potential or incurred liability arising out of unauthorized guests using my facility entry credential.”
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.
Date of Signing: December 8, 2023