In consideration of my participation in CrossFit En Fuego’s personal/group training sessions, CrossFit exercise programs, boot camps, and/or related fitness activities (individually and collectively, the “Activity”), I (please initial) [inital], myself, my heirs, assigns, personal representatives, and if signed by me as a parent/legal guardian on behalf of my child hereby waive, release, forever discharge and covenant not to sue CrossFit En Fuego, its owners, managers, members, employees, partners, sponsors, volunteers, agents, advisers, insurers, cities and/or counties of participation, CrossFit Inc. and Interior Elegance, Inc.(the “Released Parties”) from any and all liability from all claims, actions, suits or other proceedings resulting in personal injury, including death, accident, illness or property damage I may suffer or sustain, regardless of fault, arising from or in connection with my participation in the Activity, the equipment used during the Activity (whether provided by CrossFit En Fuego, a third party or myself) and the buildings, facilities and other grounds where the Activity was located. (A) I do hereby declare myself physically fit and able to participate in the Activity; I am in good health, and I am unaware of any medical condition which might make my participation inadvisable. Furthermore, I have honestly and completely answered the attached Health Screening Questionnaire. (B) I have no pre-existing physical limitation or condition which may be aggravated or harmed by my participation in the Activity. (C) I acknowledge that I have either had a physical examination and have been given my physician’s permission to participate, or that I have decided to participate in the Activity and/or use of equipment without the approval of my physician and do hereby assume all responsibility for my participation and activities, and utilization of equipment and machinery in the Activity. (D) I fully understand that I may injure myself as a result of my participation in the Activity including, but not limited to: heart attack, muscle strains, pulls or tears, shin splints, knee/lower back/shoulder/foot injuries and any other illness, soreness, or even death. (E) I understand that I am to immediately cease activity if I feel dizzy, nauseous, faint, or experience shortness of breath, headache, or any other physical symptom which is unusual for me, and shall advise the instructor of any such occurrence. (F) I agree to perform activities at the intensity level appropriate for my general health, physical condition, and comfort level. (G) I agree that I have read and received a copy of the En Fuego Rules, Kids’ Room Rules, and CrossFit Kids Rules and agree to abide by them. My signature on this form indicates my understanding and acceptance of the policies and procedures stated on each page. (H) I understand that there is a risk of certain abnormal changes occurring during or following exercise which may include abnormalities of blood pressure or heart rate, chest, arm or leg discomfort; transient light-headedness or fainting; and in rare instances heart attack, stroke, or even death. Excessive work can result (in rare cases) in exceptional rhabdomyolosis. You 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 or dehydration that may be beyond the control of my trainer/coach. I understand that the programs and classes offered by En Fuego are of a nature and kind that are extremely strenuous and can/may push me to the limits of my physical abilities. These risks include, but are not limited to: serious injury or death, injury or death due to negligence on the part of myself, my training partner, coach, En Fuego, or other people around me, and injury or death due to improper use or failure of equipment, over-exertion, slip and fall, or an unknown health problem. (I) I agree to indemnify and hold harmless En Fuego, their principals, agents, employees and volunteers from liability, including punitive damages, attorney’s fees and costs, for the injury or death of any person and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by En Fuego. (J) I grant En Fuego permission to use my photograph/video image in any and all En Fuego publications, including website entries, social media updates or postings, and advertisements without payment or any other consideration in perpetuity. I grant En Fuego permission to record, edit, alter, copy, exhibit, publish or distribute collectively all photos and images. I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my photo appears. I waive any right to royalties or other compensation arising or related to the use of the photograph or video images. (K) I acknowledge that I have had the opportunity to ask CrossFit En Fuego’s representatives any questions that I may have about the Activity, and about this waiver of liability. I represent that all such questions have been answered to my complete satisfaction. I further declare that I have had an opportunity to inspect the equipment to be used in the Activity prior to my participation and, based upon my inspection, have found all equipment to be in good condition and in proper working order. (L) In the event of a legal dispute, I agree to participate in private, binding arbitration. I will be responsible for any attorney’s fees or court costs incurred by myself, my heirs, agents, or successors. Crossfit En Fuego shall have no obligation to contribute to attorney’s fees or court costs. I acknowledge that in the event of a favorable decision/ruling for Crossfit En Fuego I will be responsible for attorney’s fees and court costs incurred by Crossfit En Fuego or its representatives, agents or insurers. (M) If any portion of this waiver is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. I understand my signature signifies that I have read and understand all the information on the questionnaire, that I have truthfully, accurately and completely answered all the questions, and that any questions/concerns I may have had have been addressed to my complete satisfaction. |