**Certain training and exercise offered by Experiential Strength, LLC and/or Equip Sports Performance, Inc. is very strenuous and challenging, beyond that which is offered at other gyms or exercise classes. It is strongly recommended that you consult your doctor if you have any concern about your ability to perform the exercise that you intend to engage in.
WAIVER AND RELEASE OF ALL LIABILITY
Informed Consent / Assumption of Risk:
In consideration of myself and/or my minor child (the “Minor”) being permitted to participate in programs offered by CrossFit Novato, I agree as follows:
- I understand that there are significant risks involved in all aspects of physical training and exercise and if I or the Minor choose to proceed with such training or exercise, I and the Minor voluntarily assume these risks and any injury, loss or damage that may result.
- I understand that the owners, managers, members, officers, directors, partners, employees and agents of Experiential Strength, LLC, a California limited liability company (doing business as CrossFit Novato, Novato Health, and Health Coach Marin) and Equip Sports Performance, Inc., a California non-profit corporation (all such individuals and entities, collectively, “CrossFit Novato”) are not physicians nor are they trained in medicine and they cannot provide reliable advice for any condition I or the Minor may have. I understand that I need to consult a physician if I have any questions concerning my or the Minor’s health or ability to participate in any of the physical training, exercise, classes or other physical training-related activities that CrossFit Novato offers.
- I hereby acknowledge that I and the Minor should consult with a physician before beginning any exercise program, including the programs offered by CrossFit Novato. I certify that I am not aware of any medical condition which would render me or the Minor unfit to participate in any program offered by CrossFit Novato, and that I will inform CrossFit Novato immediately of any change in my or the Minor’s medical condition. I understand that the reaction of the body, including the heart, lung and vascular systems, to exercise cannot always be predicted with accuracy and that there is a risk of a full range of injuries, from minor to severe, including the possibility that I and/or the Minor might suffer permanent serious injury or death. I understand that the programs and classes offered by CrossFit Novato are of a nature and kind that are extremely strenuous and can/may push me and/or the Minor to the limits of my physical abilities. These risks of injury, loss or damage might result from my or the Minor’s own actions or negligence, or the actions or negligence of others, or the conditions of the premises or of any equipment used. I acknowledge that there may be other risks to me and/or the Minor that are not known or not reasonably foreseeable. I agree to accept and assume all of the above risks that arise as a result of my and/or the Minor’s participation, including property damage, personal injury and/or death. For and in consideration of permitting me to participate in offerings by CrossFit Novato, I also release, waive, discharge, and promise not to sue CrossFit Novato or its owners, managers, members, partners, employees, officers, directors, agents, landlords, affiliated companies, and insurers from any and all liability for injury, loss or damage to my or the Minor’s person or property, or any other consequence in connection with my or the Minor’s participation in training or exercise received at or directed by CrossFit Novato. 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.
- For and in consideration of permitting me and/or the Minor to participate in offerings by CrossFit Novato, I also agree to indemnify, defend and hold harmless CrossFit Novato, its owners, managers, members, partners, principals, contractors, employees, volunteers, officers, directors, agents, trainers, affiliated companies, and insurers from any and all damages, liabilities, claims, demands, actions, causes of action, fees and costs incurred in connection with any third party claims or threats of claims asserted arising from, related to, or in any way connected with my and/or the Minor’s participation in recreational or athletic activities offered by CrossFit Novato, including those allegedly attributed to the negligent acts or omissions of any CrossFit Novato party. I intend this release and hold harmless agreement to forever bind myself as well as my estate, personal representatives, guardians, conservators, heirs, executors, administrators, next of kin, and assigns.
- If I am signing on behalf of a minor child, I also give full permission for any person connected with CrossFit Novato to administer first aid deemed necessary, and in the case of serious illness or injury, I give permission to call for medical or surgical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child.
- I understand that CrossFit Novato may take photographs and/or video images of me and/or the Minor while participating in programs offered by CrossFit Novato. For and in consideration of permitting me and/or the Minor to participate in offerings by CrossFit Novato, I grant permission to CrossFit Novato, and the irrevocable and unrestricted right to reproduce the photographs and/or video images taken of me and/or the Minor for the purpose of publication, promotion, illustration, advertising, trade or any other reason, in any manner or in any medium. For and in consideration of permitting me and/or the Minor to participate in offerings by CrossFit Novato, I hereby release CrossFit Novato for all claims and liability relating to said images or video. Furthermore, I hereby grant permission to use my or the Minor’s statements that were given during any interview without my or the Minor’s name, for the purpose of advertising and publicity without restriction. I waive any and all rights that I or the Minor have to any compensation in this regard.
By my signature below, I represent that I have carefully read, understand, and consent to the terms of this waiver and release or liability. I understand and confirm by signing this waiver and release that I expressly and willingly agree to assume complete responsibility for any injury to my person or damage to my or the Minor’s property that may arise in connection with my or the Minor’s participation in training or exercise received at or directed by CrossFit Novato.
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 to 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. I AM SIGNING THIS FORM VOLUNTARILY AND WITHOUT INDUCEMENT.
Date: July 16, 2019