CONSENT
TO PHYSICAL CONTACT
I, the
undersigned, understand the nature of physical contact in sparring, fitness,
and self-defense training, and I understand that I have the right to
immediately withdraw from any exercise or drill in which the conduct of any
party seems beyond the scope of training or makes me uncomfortable. I agree to abide by the rules and etiquette
of CrossFit Iron City in all matters pertaining to training, and I shall not in
any way conduct myself inappropriately or take inappropriate advantage of the
contact the training allows.
NOTICE
OF CONSENT TO INSTRUCTORS AND COACHES
CrossFit
Iron City seeks to make use of highly trained professional instructors with
both expertise and experience in sparring and fitness. Classes may be taught by
the Head Instructor or any other qualified instructor. Should an instructor be unavailable for a
given class, a junior instructor, senior member or guest instructor may teach
the class. The choice of the instructor is the sole discretion of CrossFit Iron
City. I understand that I have the
responsibility for my own safety without regard to who is teaching the
class. I understand that I may not
always have the instructor I desire, but I shall learn from whomever is
teaching, and to show respect due a position of instructor to whomever is
teaching, is conduct myself in accordance with the etiquette established at
CrossFit Iron City. I specifically
consent to any instructor whom CrossFit Iron City, its instructors or staff,
feel are sufficiently qualified by any standards that they set to teach the
class. I specifically understand and
agree that the full force of this document applies without regard to who is
teaching the class.
ADVISORY
OF RIGHTS AND RESPONSIBILITIES
Safety
is not the sole responsibility of the instructors and staff. Everyone in class is responsible for their own
safety and the safety of those around them.All members have the right and responsibility to excuse themselves from
any exercise that may be harmful to them.All members must evaluate each situation in the context of their skill
and current physical condition, and conduct each drill or exercise in a manner
that is safe. If an instructor gives any
instruction that is unsafe for the member, it is the member’s responsibility to
inform the instructor that the drill/skill or exercise may be unsafe. The instructor will routinely excuse the member
from unsafe exercises and drills. The instructor
may ask for an explanation and the member is expected to provide one.
In the
event of an injury, members have the right and responsibility to evaluate the
extent of harm, stopping what they’re doing even if it includes a partner, and
determining the whether it is safe to continue.Unless a member is certain that the continuance of that exercise or practice
will not create or worsen a problem, all members are encouraged to stop that
exercise or practice and inform the instructor.In the event of a serious injury or the appearance of a serious injury,
all members, instructors, staff, visitors, notably parents, have the right to
call a stop to a particular training exercise.
If a member
notes an unsafe training situation, which may include a member performing a
skill incorrectly, a member not being careful about others, a defect in a piece
of training equipment, a potentially dangerous obstacle or condition on the
floor, or anything else that may cause or lead to harm of members, instructors,
staff , visitors or guests, the member is expected to correct the situation if
within his/her ability or notify an instructor or staff member immediately.
NON-COMPETITION
I
acknowledge and agree that I will not own or operate a fitness gym, nor will I
teach or help instruct at another gym, school or recreation center etc. within
a twenty-five (25) mile radius of CrossFit Iron City for eighteen (18) months
after I have signed this contract and/or twelve (12) months after leaving
CrossFit Iron City as a member (whichever is a longer period of time).
ASSUMPTION
OF RESPONSIBILITIES AND RISK
Sparring,
fitness training, weightlifting and similar activities are potentially
dangerous. Bumps, bruises, scrapes,
scratches and soreness are commonplace, and most members may encounter some
sort of injury from time to time in their training. More serious injuries are possible, including
but not limited to sprains, strains, twists, cramps, fractured bones, broken
bones, and torn ligaments. There remains, despite safety precautions, the
remote possibility of crippling injury or death, though this is certainly not
expected in these programs.
I understand
the above statement of risk, and I, the undersigned, understand the rights and
responsibilities of members of Crossfit Iron City. I freely and voluntarily assume
responsibility for my own safety (or the safety of my child), and agree accept
the risks and potential injuries that may occur by training at CrossFit Iron
City mentioned in the paragraph above.Even if the instructor has informed me that no serious injuries have
ever happened at CrossFit Iron City or with any of the instructors, I understand
that this does not mean there is no possibility of harm. By freely and voluntarily assuming this risk,
I agree to waive, release, hold harmless, and indemnify Blake Schaub, CrossFit Iron
City, its instructors, CrossFit Inc., staff, guests, members, landlord,
management companies, vendors, sponsors and all other parties of liability for
harm, unless intentionally caused by criminal conduct.
In
consideration of being permitted to participate in any way in CrossFit Iron
City activities including but not limited weightlifting, running, gymnastics,
and calisthenics ("Activity”) I, for myself, my personal representative,
assigns, heirs, and next of kin;
A.
Acknowledge, agree, and represent that I understand the nature of the Activity
of CrossFit Iron City and that I am qualified, in good health, and in proper
physical condition to participate in such Activity. I further agree and warrant that if at any
time I believe conditions to be unsafe, I will immediately discontinue further
participation in Activity. If I fail to discontinue any Activity for any
reason, I agree to bear the sole liability resulting from my failure to
discontinue my participation in said Activity.
B.
Fully understand and agree that a.) Activity involves risks and dangers of
serious bodily injury, including permanent disability, paralysis, and death
("Risks”), b.) The Risks may be caused by my own actions or inactions, the
actions or inactions of others participating in the Activity, the conditions in
which the Activity takes place, or the negligence of the parties named below in
paragraph C.) of this agreement, c.)
There may be other risks and social or economic losses either not known to me
or not readily foreseeable at this time and I fully accept all such risks and
all responsibility for losses, costs, and damages I incur as a result of my
participation, or the participation of a minor who I am responsible for, in the
Activity.
C.)
Hereby agree to release, discharge, and covenant not to sue Blake Schaub,
CrossFit Iron City, its instructors, CrossFit Inc., staff, guests, members,
landlords, owners, leasees of the premises, management companies, vendors,
sponsors (the "Released”). I further release, waive, indemnify, and hold
harmless the Relseased from all liability, claims, demands, losses or damages
on my account caused or alleged to be caused in whole or in part by the
negligence of the Released, including negligent rescue operations. I agree that if, despite this release and
waiver of liability, assumption or risk, and indemnity agreement, I, or anyone
on my behalf, makes a claim against any of the Released, I will indemnify, save
and hold harmless each of the Released from any litigation expenses, attorney
fees, loss, liability, damage or cost which any may incur as a result of such
claim or cause of action.
D.)
Understand that I may be photographed and/or filmed and authorize CrossFit Iron
City and its representatives to use such photographs or recordings without
compensation to them, for any purpose.
I have
read this agreement, fully understand its terms, understand that I have given
up substantial rights by signing it and have signed
it freely without any inducement or assurance of any nature and intend it to be
a complete and unconditional release of all liability to the greatest extent
allowed by law and if any provision of
this agreement is held to be invalid, void, unenforceable, or otherwise
defective by a tribunal of competent jurisdiction, then all other provisions
will remain enforceable. If signing for a minor as a parent or legal
guardian, I understand the nature of CrossFit Iron City’s activities and the
minor’s experience and capabilities and believe the minor to be qualified, in
good health, and in proper physical condition to participate in such
Activity. I hereby release, discharge
and covenant not to sue and agree to indemnify, save and hold harmless the Released
from all liability, claims, demands, losses, or damages on the minor’s account
caused or alleged to be caused in whole or in part by the negligence of the Released
or otherwise, including negligent rescue operations and further agree that if,
despite this release, I, a minor who I am responsible for, or anyone on said
minor’s behalf makes a claim against any of the Released, I will indemnify,
safe and hold harmless each of the Released from any litigation expenses,
attorney fees, loss, liability, damage or costs any may incur as the result of
such claims. This agreement shall be interpreted pursuant to and governed
by the laws of the Commonwealth of Pennsylvania, and shall inure to the benefit
of and be binding upon the parties hereto, their personal representatives,
assigns, and heirs at law, as the case may be. Any ambiguities or
inconsistencies in this agreement are to be resolved in accordance with the
most reasonable construction and not strictly for or against any of the parties
hereto. Each of the parties hereto acknowledges that he or she has engaged his
or her own independent legal counsel to review this agreement or has been
advised of his or her right to do so by reading this provision. This agreement
is the parties' final, complete, exclusive, and binding statement of the terms
and conditions of their agreement concerning its subject matter; except as stated
in this agreement, there are no promises, understandings, representations, or
warranties of any kind between the parties concerning that subject matter.
THE TERMS AND CONDITIONS OF THIS WAIVER AND RELEASE SHALL APPLY TO ANY
SUCCESSOR MEMBERSHIP AGREEMENT.
Signature
______________________________ Date ________________