BY SIGNING THIS DOCUMENT, I, THE PARTICIPANT/ATHLETE NAMED BELOW, WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
TO: RAISE THE BAR, owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns (hereinafter referred to as “RAISE THE BAR”)
In this agreement:
The term “athletic activity” OR “athletic activities” includes but is not limited to personal training, fitness classes, team or individual competitions, fitness assessments, use of facilities, observation of athletic activities, Olympic lifting, powerlifting, strongman training or competitions, gymnastics, CrossFit, Barbell, strength conditioning, metabolic conditioning, suspension training, kickboxing, resistance training, plyometrics, interval training, bodyweight conditioning, TRX, TRX Rip, kettlebells, barbells, dumbbells, resistance bands, balls, bells, bouldering, rope climbing, macro climbing, stretching, outdoor running on trails or sidewalks, sports, and programs, clinics, seminars, and services provided to the Participant/Athlete by RAISE THE BAR (Club or the Club).
The term “injury” shall refer to all forms of physical, mental, and emotional injury in any way related to athletic activity and transportation activities including, but not limited to: death, breaks, strains, lacerations, dislocations, exercise induced rhabdomyolysis, heart failure, concussion, frostbite, hypothermia, heat illness, dehydration, trauma, anxiety, and fears.
RAISE THE BAR is not responsible for any death, injury, loss, or damage of any kind suffered by any Participant/Athlete while using RAISE THE BAR facilities, participating in or watching RAISE THE BAR athletic activities, caused in any manner whatsoever including, but not limited to, the risk of becoming exposed to or infected by COVID-19 at the Club and which may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Club employees, volunteers, and program participants and their families. the negligence of RAISE THE BAR. I am aware that athletic activities have inherent dangers and risks including but not limited to the potential for serious personal injury or death caused by any RAISE THE BAR athletic activities or any condition of the facilities or equipment of RAISE THE BAR, some, but not all, of which include:
a) Transient light-headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain, discomfort, fatigue, nausea, heart failure, exercise induced rhabdomyolysis, and so forth;
b) All manner of injury resulting from slipping or falling, either roped or unroped, while jumping, skipping, running, walking, lifting, climbing, and impacting against the floor, walls, equipment, other athletes, or any permanent or temporary fixtures or equipment;
c) Abrasion, entanglement, lacerations, bruising, dislocation, and other injuries resulting from activities on or near stands, racks, weight bars, pull up bars, walls, ropes, cargo nets, medicine balls, and plyo boxes;
d) Injuries resulting from falling athletes or objects such as weights, dumbbells, bars, medicine balls, dynamax balls, ropes, and so forth or by any objects dropped by other persons conducting athletic activities or assisting others;
e) Failure of the equipment, racks, stands, bars, attachments, anchors, ropes, harnesses;
And, I do hereby further acknowledge and agree:
f) That the athletic activities I am participating in requires a moderate to high degree of effort, are designed to be high intensity, and are intended to maximally challenge my cardiovascular endurance, stamina, strength, flexibility, speed, power, coordination, agility, balance, and accuracy;
g) That I will honestly represent my level of fitness, health, nutrition, use of medication, medical history, and current physical, mental, and medical condition to RAISE THE BAR;
h) That although RAISE THE BAR takes steps to reduce the risks and increase the safety of all athletic activities, it is not possible for RAISE THE BAR to make these athletic activities completely safe;
i) That I am personally responsible for my preparation prior to athletic activities, my concentration and attention during these athletic activities, and for my post activity rest and recovery;
j) That I will learn and obey the rules and regulations of RAISE THE BAR, and that I will follow the instructions and directions of RAISE THE BAR during athletic activities;
k) That I will inform RAISE THE BAR immediately should I feel any pain, discomfort, fatigue, nausea or other symptoms that I may suffer during and immediately after athletic activities;
l) That I may stop participating at any time and that I may be directed to stop by RAISE THE BAR should I display noticeable signs of distress;
m) That I consent to receive first aid and medical treatment by the RAISE THE BAR in the event of an accident, injury or illness during athletic activity
n) That RAISE THE BAR may videotape, audiotape, or photograph me for instructional and promotional purposes without payment of any kind to me and without further notice to me or permission from me.
Raise the Bar, Inc. (“the Club”) has put in place preventative measures to reduce the spread of COVID-19; however, the Club cannot guarantee that I will not become infected with COVID-19. Further, attending the Club could increase my risk of contracting COVID-19.
I voluntarily agree to assume all of the foregoing risk and accept sole responsibility for any personal injury, disability, illness, death. damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my participation in Club programming, events and activities (“Claims”).
I hereby release, covenant not to sue, discharge, and hold harmless the Club, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto whether a COVID-19 infections occurs before, during or after participation in any Club programming, events and activities.
On my behalf, I further state that, by initialing and signing below, I agree to the following:
a) I will not attend any classes at the Club if I have traveled within the last two (2) weeks. Traveling includes transportation by rental car, plane, bus and/or train and/or overnight stay in a hotel, motel and/or resort;
b) I will voluntarily agree to my temperature being taken via the Club’s temp gun prior to being granted access into the Club;
c) I will not attend any classes at the Club if my temperature is 100 or higher;
d) I will not attend classes at the Club if I have been exposed to COVID-19;
e) I will not attend classes at the Club if a member of my household has been exposed to COVID-19;
f) I will not attend classes at the Club if one or more of my coworkers has been exposed to COVID-19.
This agreement shall be personally binding by 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.
I have read, understood, and voluntarily accepted the conditions in Section (n).
I have read, understand and agree to the RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, INDEMNITY AGREEMENT, AND JURISDICTION AGREEMENT.