￼PRIMAL FITNESS, LLC – DBA UPPER CAPE CROSSFIT
WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
UPPER CAPE CROSSFIT STRONGLY RECOMMENDS THAT YOU CLEAR YOUR PARTICIPATION IN ANY EXERCISE PROGRAM WITH YOUR PHYSICIAN.
1. INFORMED CONSENT/ASSUMPTION OF RISK
I, ("Participant"), or Participant's parent or legal guardian if Participant is under the age of 18 years, have requested the use of Upper Cape CrossFit's facilities and/or equipment, or the purchase or provision of lessons, instruction and/or training related to weightlifting, powerlifting, olympic lifting, gymnastics, plyometrics, calisthenics, running, rowing, biking, climbing, jumping, throwing, diet, nutrition, injury prevention, and/or activities incidental thereto individually and collectively ("CrossFit Activities") and the use of equipment and facilities at 10 Millennium Drive; Unit 1, Cataumet, MA 02534, and/or any public or private location, used in conjunction with Upper Cape CrossFit business (collectively "Facilities and Equipment"). I understand and acknowledge that serious disabilities, illness, death, accidents and injuries can occur during CrossFit Activities at the Facilities and/or through the use of the Facilities and Equipment in which those CrossFit Activities are held, whenever or however they occur and for such period said activities may continue. I further understand and acknowledge that attending, participating in, volunteering at or spectating at CrossFit Activities may require me to perform strenuous activities, or to be exposed to activities, conditions, individuals, equipment or events which have potential to cause death, illness, serious injury, disability, or property loss. Knowing the risks inherent in, and connected with these CrossFit Activities, conditions, equipment or events, and with the full understanding of the activities I will be performing, on behalf of myself, my executors, administrators, heirs, successors, assigns, and next of kin, I hereby fully and knowingly assume the risks of injury, illness, disability, death, or loss or damage to person or property inherent in, and/or in any way connected with, attending, participating in, and spectating an Upper Cape CrossFit event or other CrossFit activity at the facilities, even if such injuries, illnesses, disability, death or loss or damage to person or property arise from the negligence, gross negligence, or recklessness of Upper Cape CrossFit, and/or its agents, officers, principals, employees, volunteers, or any other invitees of Upper Cape CrossFit.
In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in the activities made available by Upper Cape CrossFit, and with my full understanding of all of the above, I ("Participant"), or Participant's parent or legal guardian if Participant is under the age of I 8 years, hereby waive, release, remise and discharge Upper Cape CrossFit and/or its agents, officers, principals, employees and volunteers, of any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, my participation in Upper Cape CrossFit fitness programs/classes, including those allegedly attributed to the negligent or grossly negligent acts or omissions of the above mentioned parties.
3. INDEMNIFICATION/HOLD HARMLESS
I, ("Participant"), or Participant's parent or legal guardian if Participant is under the age of 18 years, agree to reimburse, indemnify, and hold harmless Upper Cape CrossFit, its principals, agents, employees, and volunteers, from all attorney fees and costs of every name and description related to any claim suit or action lodged, commenced or brought by (“Participant”).
I, ("Participant''), or Participant's parent or legal guardian if Participant is under the age of 18 years further agree to indemnify and hold harmless Upper Cape CrossFit, its principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my own negligent, reckless or intentional act or omission while participating in any and all activities offered by Upper Cape CrossFit.
4. USE OF PICTURE(S)/FILM/LIKENESS
I, ("Participant"), or Participant's parent or legal guardian if Participant is under the age of 18 years, agree to allow Upper Cape CrossFit, its agents, officers, principals, employees and volunteers the a picture(s), film and/or likeness of me for advertising purposes. In the event I choose not to allow the use of the same for said purpose, I agree that I must inform Upper Cape CrossFit of this in writing.
5. MEDICAL AID TO MINOR
If the Participant is a minor, I the Participant's parent or legal guardian give full permission for any person connected with Upper Cape CrossFit to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child.
6. SEVERABILITY AND CHOICE OF LAW/FORUM
I, ("Participant"), or Participant's parent or legal guardian if Participant is under the age of 18 years, further expressly agree that the foregoing agreement is intended to be as broad and inclusive as is permitted by Massachusetts law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I further agree that this Release shall be governed for all purposes by Massachusetts law, without regard to any choice of law. All disputes between Participant and Upper Cape CrossFit or its principals, agents, employees or volunteers shall be commenced in a forum in the County of Barnstable, MA, if at all.
7. ACKNOWLEDGMENT AND UNDERSTANDING
I, ("Participant"), or Participant's parent or legal guardian if Participant is under the age of 18 years, have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability.
PARENTAL CONSENT AND RELEASE
The undersigned parent/legal guardian of ("Participant") hereby executes the foregoing Waiver and Release on behalf of the minor named herein. I hereby bind myself; the minor named herein, his/her executor, administrators, heirs, successors, assigns, and next of kin, to the terms of this Waiver and Re lease. I represent that I have the legal capacity and authority to act for, or on behalf of, the minor named herein. I agree to indemnify and hold harmless the persons and entities named herein from any claims and liabilities, which may be assessed against them as a result of, or arising out of my legal capacity or my authority to act for and on behalf of the minor named herein in the execution of the Waiver and Release or my execution of the Waiver and Release.