Strong Fitness, Performance, & Ninja Medical and Liability Wavier
Statement of Medical Condition, Assumption of Risk, Release and Indemnification
Participant. I,(The undersigned), agree to participate in one or more physical fitness programs, classes, workouts or events sponsored or held by Strong Fitness & Fun, which may include but does not require, and is not limited to, one or more of the following: initial assessment, introductory training, personal training and/or coaching, CrossFit training, and/or physical fitness training, and/or assistance or instruction of any kind, by CrossFit and/or any affiliate, coach, trainer, subsidiary or partnership of Strong Fitness & Fun and/or Ashley and Gale Yocom (hereinafter collectively referred to as STRONG). Prior to participating, STRONG has made me fully aware that the fitness programs/classes which STRONG offers and in which I desire to participate are of a nature and kind that are extremely strenuous and can/may push me to the limits of my physical abilities. I recognize and understand that the programs/classes and exercises undertaken therein are not without varying degrees of risk, which may include, but are not limited to the following: muscle soreness, tearing of muscles, minor aches and pains, tiredness, stiff joints and muscles, tearing of muscles, ligament, muscle, tissue or bone tearing or breakage, serious and/or life-threatening injuries to the musculoskeletal and/or cardio respiratory systems, serious bodily injury or death.
Furthermore, I recognize and understand that STRONG provides 24-hour access to certain facilities located within STRONG, at which time no staff member may be present, and I fully assume any and all risk or personal or bodily injury associated with utilizing the facilities at such time.
Statement of medical condition. I realize that STRONG offers training programs that are difficult for very fit persons, including elite athletes, competitive athletes, and combat-ready troops. Knowing this to be the case, I do hereby state and certify that I receive periodic medical check-ups at least once a year, that I have had a physical examination from a competent physician within the past 12 months, and that I have no cardiovascular or other concerns, problems or illnesses that might keep me from participating in a CrossFit training program, such as (but not limited to) heart problems, lung problems, circulatory problems, diabetes, high blood pressure, low blood pressure, hardening of the arteries, shortness of breath, chest pains, arrhythmia, heart palpitations, arterial dysfunction, circulatory disorders, or other condition that would raise concern in the mind of a reasonable person. I have no knowledge of any other medical problem or condition or problem that might increase my risk of illness and injury as a result of participation in such a program. STRONG has fully and carefully informed me that I may experience adverse physical changes during and/or after exercise, such as joint or muscular aches and/or pain, swelling, abnormal blood pressure, fainting, disorder of heart rhythm, stroke, and in very rare instances, heart attack or even death, and again, I fully understand this to be the case. With my full understanding of this information, I again agree to assume any and all risk associated with my participation in STRONG fitness programs/classes.
Assumption of All Risks. For and in consideration of being allowed to participate, I do hereby intentionally, willingly and voluntarily assume full responsibility for any and all risks of injury, including serious bodily injury or death, as stated above, to which I may be exposed as a result of my participation in STRONG physical fitness programs, classes, workouts or events. I accept full and complete responsibility for any injury or death, including expressly any injury or death that which results from my own negligence.
I fully understand that that: (a) THIS ACTIVITY INVOLVES RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING THE POTENTIAL FOR PERMANENT DISABILITY, PARALYSIS AND DEATH (Risks); (b) these risks and dangers may be caused by myself and/or Minor Child’s own actions or inactions, the actions or inactions of others participating in the activity, the conditions in which the activity takes place and/or the NEGLIGENCE of STRONG; and (c) there may be OTHER RISKS and/or SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time.
Release. For and in consideration of being allowed to participate, and in recognition of the above-mentioned risks and hazards, I do hereby intentionally, willingly and voluntarily release, waive, remise and discharge STRONG, its agents, officers, principles, and employees, and each of their heirs and assigns from any and all claims and causes of action, known or unknown, including any liability, claim, demand, action or right of action arising or out of my participation in the above-referenced activities.
Indemnification: I recognize that there is risk involved in the types of activities offered by STRONG. Therefore, I accept financial responsibility for any injury that I or the participant may cause either to myself or the participant to any other participant due to mine or the participant’s negligence. 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. I further agree to indemnify and hold harmless STRONG, their 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 negligent or intentional act or omission while participating in activities offered by STRONG.
Binding upon heirs and assigns; laws; venue. This release and all other terms and conditions hereof 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. This agreement shall be interpreted according to the laws of the State of Texas and venue for any litigation arising out of or relating to this document shall be exclusively in Dallas County, Texas.
Review and Consent: I have been afforded the opportunity to review this Agreement and understand that I had the opportunity to seek the benefit of legal counsel to explain the contents, terms, provisions or effects of the Agreement and, whether or not I have taken advantage of that opportunity, am satisfied that I, of my own accord, fully understand the provisions of this Agreement and their effect. I enter into enters into this agreement freely and voluntarily and am not acting under coercion, duress, economic compulsion, nor am I entering into this agreement because of any supposed disparity in bargaining power; rather, I am freely and voluntarily signing this Agreement for my own benefit.
Use of picture(s)/film/likeness: I agree to allow STRONG, its agents, officers, principals, employees and volunteers to create and use picture(s), film and/or likeness of me and/or my Minor Child 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 STRONG of this in writing.
RELEASE OF LIABILITY: I have read the foregoing document. I understand it. I have been given a full and complete opportunity to ask any and all questions regarding it and seek legal advice if desired. I understand that by signing it, I am waiving, releasing, and otherwise affecting my valuable legal rights. It is my intention to do so.
Additional Waiver & Relase per COVID
In consideration of being allowed to participate on behalf of Strong Fitness & Fun and related events and activities, the undersigned acknowledges, appreciates, and agrees that:
Participation includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While company policies and personal discipline may reduce this risk, the risk of serious illness, injury, and death does exist; and,
I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
I willingly agree to comply with the stated and customary terms and conditions for participation as regards protection against infectious diseases. If, however, I or a staff member observers any unusual or significant hazardous symptoms of COVID-19 during my presence or participation, I will remove myself from or a staff member will remove me from participation of that respective activity.
I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Strong Fitness & Fun their officers, officials, agents, and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (“RELEASEES”), WITH RESPECT TO ANY AND ALL ILLNESS, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
ADDENDUM: RHABDOMYOLYSIS
Exertional rhabdomyolysis, or rhabdo, is muscle damage that arises from overexertion of the muscles. It can happen to anyone, but usually occurs in the untrained, or when high-heat/high- humidity conditions are present and an individual is severely dehydrated and fatigued. Some other factors that can increase the risk of developing rhabdo are: training at high altitude, repeated eccentric muscular contractions (i.e. doing "negatives"), recent viral illness, and taking cholesterol lowering drugs (i.e. statins). It can, and has, happened to military recruits, marathon runners, "weekend" workout warriors, and, yes, even experienced Trainees. It's important to understand what rhabdo is so that you can recognize it if you develop the conditions, or notice these conditions in someone else.
Rhabdo is much more than run-of-the-mill muscle soreness that lasts for a couple of days. In a typical case of rhabdo, the muscle pain is severe, limits your range of motion, and hits with full force about two days after a strenuous workout. Sore muscles alone are not enough to cause serious concern; however, if the soreness and pain are accompanied by extreme swelling of the affected muscles, a physician should be consulted to make sure that the condition hasn't developed into rhabdo, or, even more worrisome, compartment syndrome. If the muscle soreness and swelling are ever accompanied by dark urine, a trip to the emergency room is a must in order to avoid renal failure! A sure way to determine if one has rhabdo is to do a serum CK, or CPK, test. Normal CK levels run between 0 and 150 IU/L, but it isn't uncommon for CK levels to rise above the normal range after strenuous exercise. Documented cases of rhabdo typically result in CK levels five times above normal - some above 50,000 IU/L! Regardless, even mild increases of CK above normal could cause kidney failure. Thus the reason why rhabdo is taken so seriously. One way to help reduce the chance of rhabdo is to maintain proper hydration before, during, and after working out. Proper hydration helps flush the elevated CK and myoglobin out of the system as well as help with general improved fitness and health. We recommend drinking 60% of your body weight in ounces of water each day to maintain proper hydration, even in cold weather.
Another way to avoid rhabdo is to maintain a regular High Intensity Fitness routine. Regular High Intensity Training will push out the limits where one could experience rhabdo. For someone who has been a regular Trainee of 4 to 6 times per week, rhabdo is unlikely, but it could occur if one is dehydrated or extremely fatigued. Trainees can even take a week off every three months or so without hurting performance or increasing their risk of rhabdo. For those who don't train so often, more caution should be taken with regard to strenuous workouts. And for those who are deconditioned, there must be a long on-ramp to full-blown High Intensity Fitness workouts or the risk for rhabdo is high. Trainees will experience sore muscles often. That's just part of High Intensity Training. Sometimes Trainees will even experience some slight swelling and pain in muscles and joints. Again, that's part of High Intensity and hard training. These sore muscles and minor swelling and joint pain from overexertion do not indicate rhabdo, but they could be accompanied by slightly elevated CK levels in the blood. This is normal and recovery is fairly rapid. A short rest of a couple days off, hydration, and backing off of the high intensity for a bit will aid in recovery from overexertion. Recovering from a bout of acute exertional rhabdomyolysis could take weeks or months depending upon the severity of the condition. Only your doctor can say for sure when you can start to train again. Once you're cleared to begin your training, it starts from ground zero with a long on-ramp to high intensity coupled with a lot of strength building.
Work hard, but be smart. If your High Intensity Fitness trainer tells you to back off on the weight or the intensity of the workout, listen to him or her. If you're dehydrated, fatigued, or just not feeling right that day, make sure you back off on the intensity on your own. If you're taking a statin, or any other drug for that matter, make sure your trainer knows this as well. High Intensity Fitness training is hard, but it isn't intended to put you in the hospital. So train hard, but train smart! Tips to reduce likelihood of getting Rhabdo:
Signs and Symptoms that you may have Rhabdo:
- Stay Hydrated at all times.
- When starting a new exercise program, ramp up your intensity level, Don’t do too much, too soon.
- Avoid excessive alcohol use.
- Avoid drug use (If you take Statins, let your trainer know).
- Monitor Physical Output in Hot/Humid Environments.
Signs and Symptoms that you may have Rhabdo:
- Extreme Muscle Soreness including back and abdominal pain (10 out of 10 on pain scale).
- Muscle Swelling.
- Rosy or Coca-Cola colored urine.
- Possible Fever, Nausea, vomiting.
What do I do if I have these symptoms:
If your muscles are EXTREMELY painful to include back and abdominal pain, and / or. If your urine is discolored you need to seek immediate medical attention. Go to the ER and explain your recent training activity.