RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND ASSUMPTION OF RISKS AGREEMENT
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO CLAIM COMPENSATION OR SUE SHOULD YOU BE INJURED.
PLEASE READ CAREFULLY!!!
TO: WRENCH FITNESS INC., 3126 ATHLETICS, CROSS FIT, CROSS FIT 3126, and their staff, employees, trainers, instructors, agents, representatives and volunteers (hereinafter collectively referred to as “THE RELEASEES”).
- I understand and agree to the fact that my membership cannot be cancelled during my initial term and following my initial term, my membership becomes a perpetual monthly membership.
- After my initial term, or at any time during my perpetual monthly membership, I understand that two weeks’ notice must be given before cancellation will go into effect or before cancellation will be accepted.
- I understand and agree to the fact that if I choose to cancel my membership before my term has expired that I will be required to pay $35 per month(s) of what is remaining on that term.
- I understand and agree to the fact that if one of my bi-weekly payments returns NSF, a $15.00 charge will apply on my next payment.
- I agree that the above has been explained to me and I fully understand and accept responsibility for my membership at 3126 Athletics.
Express assumption of risk: I, the undersigned, am aware that there are significant risks involved in any physical training regimen. These risks include, but are not limited to: falls which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment. I understand that failure to execute the movements I will be taught could result in injury and that it is incumbent I use good body mechanics as instructed by the staff in order to mitigate these risks. I acknowledge that injury may also result simply from the fact of physical training itself. By its very nature, physical training seeks to have me push beyond my current physical limits in order to produce a physical adaptation by my body. This requires feedback from me to my trainer regarding what is happening with my body. Excessive work can result (in rare cases) in exertional rhabdomyolosis. I should look for signs of excessive soreness, darkened urine, and pain in the kidney areas in the days following a particularly intense workout. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while training with Wrench Fitness Inc. and/or 3126 Athletics.
I, the undersigned acknowledge that I have no physical impairments or illnesses that will endanger myself or others.
Release: In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities available at Wrench Fitness and 3126 Athletics, I, the undersigned hereby release the Releasees from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties.
This agreement shall be binding upon 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. If I am signing on behalf of a minor child, I also give full permission for any person connected with Wrench Fitness Inc. and/or 3126 Athletics 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.
Indemnification: The undersigned recognizes that there is risk involved in the types of activities offered by the Releasees. Therefore the undersigned accepts full responsibility, financial or otherwise, for any injury that the undersigned may suffer or cause any other participant to suffer, and hereby indemnifies and holds harmless the Releasees from and against any and all actions, causes of action, suits, liability, claims, demands, damages, losses, costs and expenses (including, without limitation, those arising from any negligence, misconduct, error or omission, in tort or contract) whether direct, indirect, special, exemplary or consequential (the “Claims”) that may be incurred by the Releasees if I suffer harm or loss, injure someone else or damage property as a result of my participation in physical fitness activities at the Wrench Fitness Inc. facility, and my activities forming such participation.
In entering into this Agreement, I am not relying on any oral or written representations or statements made by THE RELEASEES with respect to the safety of participating in physical fitness activities.
Wrench Fitness Inc. (3126 Athletics) provides a "kids area” for children of its members. The "kids area" provided by Wrench Fitness Inc.(3126 Athletics) is completely unsupervised at all times by any staff employed by Wrench Fitness Inc.(3126 Athletics) I am aware that allowing any minor for which I am responsible to be in the "kids area" involves risks, dangers and hazards, including, but not limited to, slips and falls, impact injuries, failure to stay within designated areas, the minor becoming lost, and negligence of other persons. I freely accept, and fully assume all such risks, dangers and hazards and the possibility of injury or death on behalf of myself and any minor for whom I am responsible. I acknowledge that I am solely responsible at all times for properly supervising any minor which I allow to be in the "kids area" , and that Wrench Fitness Inc.(3126 Athletics), its employees, shareholders and agents, have no responsibility whatsoever for supervising or ensuring the safety of any minors in the "kids area" at any time. I hereby waive all claims that I or any minor for which I am responsible have or may have in the future against Wrench Fitness Inc.(3126 Athletics), its employees, shareholders and agents and release same from any and all liability for any loss, damage, expense or injury that I or any minor for which I am responsible suffer as a result of said minor being left in the "kids area".
I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
