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.