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Experiential Strength, LLC | Equip Sports Performance, Inc. 501(c)3

**Certain training and exercise offered by Experiential Strength, LLC (dba CrossFit Novato - Downtown and CrossFit Novato - Pacheco Valley) and/or Equip Sports Performance, Inc. 510(c)3 are 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. 

This waiver and release of all liabilty includes all activities, events, services and use of facilities provided, arranged, organized or conducted by Experiential Strength, LLC and/or Equip Sports Performance, Inc. 510(c)3, including, but not limited to the following: group fitness classes, individual and small group indoor fitness training, hiking and/or wildlife touring, surfing, stand up paddling, swimming, outdoor fitness classes, and services in any way connected with or related to those activities.

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 or Equip Sports Performance, Inc. 501(c)3, I agree as follows:

  1. 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 and agree that the Experiential Strength, LLC (dba CrossFit Novato - Downtown and CrossFit Novato - Pacheco Valley) and/or Equip Sports Performance, Inc. 510(c)3 activities are or could be considered an extreme test of my physical and mental limits and there is the possibility that I may suffer property loss, serious injury or even death. This could be caused by terrain, facilities, the equipment, water conditions ( including pollution, temperature, currents and waves), weather, the condition of my equipment, lack of hydration, traffic on the roads, trails and other means of transportation and/or any other unexpected event. This risk could be caused partially or wholly by me or by the actions of other people including but not limited to the Experiential Strength, LLC (dba CrossFit Novato - Downtown and CrossFit Novato - Pacheco Valley) and/or Equip Sports Performance, Inc. 510(c)3, or other participants, volunteers, bystanders or third parties.
     
  2. I HEREBY FREELY AND VOLUNTARILY ASSUME ALL RISKS OF PARTICIPATING IN THESE Experiential Strength, LLC (dba CrossFit Novato - Downtown and CrossFit Novato - Pacheco Valley) and/or Equip Sports Performance, Inc. 510(c)3  ACTIVITIES. 
     
  3. I understand that the owners, managers, members, officers, directors, partners, employees and agents of Experiential Strength, LLC (dba CrossFit Novato - Downtown and CrossFit Novato - Pacheco Valley) and/or Equip Sports Performance, Inc. 510(c)3 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.
     
  4. 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 and Equip Sports Performance, Inc. 501(c)3.  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 or Equip Sports Performance, Inc. 501(c)3, and that I will inform CrossFit Novato or Equip Sports Performance, Inc. 501(c)3 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 or Equip Sports Performance, Inc. 501(c)3 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 or Equip Sports Performance, Inc. 501(c)3, I also release, waive, discharge, and promise not to sue Equip Sports Performance, Inc. 501(c)3 or 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 or Equip Sports Performance, Inc. 501(c)3. 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.
     
  5. For and in consideration of permitting me and/or the Minor to participate in offerings by CrossFit Novato or Equip Sports Performance, Inc. 501(c)3, I also agree to indemnify, defend and hold harmless Equip Sports Performance, Inc. 501(c)3 or 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 or Equip Sports Performance, Inc. 501(c)3, including those allegedly attributed to the negligent acts or omissions of any CrossFit Novato or Equip Sports Performance, Inc. 501(c)3 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.
     
  6. If I am signing on behalf of a minor child, I also give full permission for any person connected with CrossFit Novato or Equip Sports Performance, Inc. 501(c)3 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.
     
  7. I understand that CrossFit Novato or Equip Sports Performance, Inc. 501(c)3 may take photographs and/or video images of me and/or the Minor while participating in programs offered by CrossFit Novato or Equip Sports Performance, Inc. 501(c)3.  For and in consideration of permitting me and/or the Minor to participate in offerings by CrossFit Novato or Equip Sports Performance, Inc. 501(c)3, I grant permission to CrossFit Novato or Equip Sports Performance, Inc. 501(c)3, 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 or Equip Sports Performance, Inc. 501(c)3, I hereby release CrossFit Novato or Equip Sports Performance, Inc. 501(c)3 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 or Equip Sports Performance, Inc. 501(c)3. 

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: April 18, 2024

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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