By signing below you hereby acknowledge and agree that your use of JSA3, LLC d/b/a CrossFit Yards's ("CFY") facilities, services, equipment or premises, involves risks of injury to persons and property, including those described below, and you assume full responsibility for such risks.
Waiver, Release and Assumption of Risk. In consideration of being permitted to enter the facility and participate in the activities of CFY for any purpose including, but not limited to, observation, use of facilities, services or equipment or participation in any way, you agree to the following: You hereby release and hold CFY, its members, officers, employees, trainers and agents harmless from all liability to you and your personal representatives, assigns, heirs and next of kin for any loss or damage, and forever give up any claim or demand therefore, on account of injury to your person or property, including injury leading to your death, whether caused by the active or passive negligence of CFY or otherwise, to the fullest extent permitted by law, while you are in, upon, or about CFY 's premises, participating in a CFY workout, or using any of CFY 's facilities, services or equipment. You also hereby agree to indemnify CFY from any loss, liability, damage or cost CFY may incur due to your presence in, upon or about the CFY premises or in any way observing or using any facilities or equipment of CFY whether caused by your negligence or otherwise.
Activities. You acknowledge that the training programs you will be participating in, and that are offered by CFY, involve strenuous physical activities, including, but not limited to, running, weight training, rowing, gymnastic-type/bodyweight movements, and various aerobic and anaerobic conditioning and strength training using functional movements executed at high intensity (the “Physical Activities”). You acknowledge these Physical Activities involve the inherent risk of death, physical injuries or other damages, including, but limited to: heart attacks; muscle strains; pulls or tears; broken bones; shin splints; heat exhaustion; knee, back and foot injuries; general illness; infections; and soreness. You further acknowledge that such risks may be caused by your negligence, the negligence of an instructor, other participant, CFY 's landlord or other related persons, defective or improperly used or installed equipment, overexertion, slip and fall, or a known or unknown health problem. Additionally, you acknowledge that during the participation in the Physical Activities you may leave the physical premises of CFY. You 2 acknowledge the risk of running or exercising in a publicly accessible parking lot and/or public street. Accordingly, you agree to abide by all applicable traffic and other laws or rules.
Health Representations. You represent (a) that you are in good physical condition and have no disability, illness, or other condition that could prevent you from exercising without injury or impairment of health, and (b) that you have consulted a physician concerning participating in a exercise program in the type offered by CFY and that such participation will not risk injury or impair your health.
Scope of Release, Waiver and Indemnity. You further expressly agree that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the Commonwealth of Pennsylvania and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. You have read this release and waiver of liability and indemnity clause, and agree that no oral representations, statements or inducement apart from this Agreement have been made.
Photo/Video Authorization and Release. I hereby grant CFY permission in perpetuity to use my photograph/video image in any and all publications for CrossFit Inc. or CFY, including web site entries, without payment or any other consideration or remuneration. I hereby authorize CFY to edit, alter, copy, exhibit, publish or distribute all such photos, images and video without restriction. I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photographs or video images. I hereby hold harmless and release and forever discharge CFY from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf, or on behalf of my estate, may have by reason of this Photo/Video authorization and release.
Date: December 9, 2019