Liability Waiver: The undersigned (“member”), by tendering this application, agrees to abide by all the rules and regulations of Fitness Concepts Athletic Club, Inc. now in effect or to become effective at any time in the future. Copies of such rules and regulations are available upon request and shall be posted within the facility, in a conspicuous location. Fitness Concepts Athletic Club, Inc. may cancel and refuse for any reason the renewal of any member’s membership.
It is expressly agreed that all use of Fitness Concepts Athletic Club, Inc. facilities and premises (including but not limited to parking areas, walkways, stairs, driveways etc.) shall be undertaking by the member at his or her sole risk and Fitness Concepts Athletic Club, Inc. shall not be responsible or liable or loss or damage to any other property of members or their guests, including but not limited to their automobiles and contents. It is also agreed that damages to Fitness Concepts Athletic Club, Inc. facilities or properties, or to the properties of any member by another member or their guest, is the sole responsibility of the offending member. By signing this agreement you agree to assume all risks associated with starting a vigorous exercise program and have been cleared by your doctor to do so.
BY SIGNING BELOW, I CERTIFY THAT I AM AT LEAST 18 YEARS OF AGE AND HAVE READ, UNDERSTAND AND AGREE TO THE ABOVE GUIDELINES AND BY CLICKING ACCEPT, I AM ELECTRONICALLY SIGNING THIS AGREEMENT.
PARTICIPANT RELEASE OF LIABILITY FITNESS CONCEPTS HEALTH CLUB
In consideration of being allowed to participate in any way in the program, related events and activities, I the undersigned, acknowledge, appreciate, and agree that:
The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury 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. If however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention to the nearest official immediately or activate the panic button during unstaffed hours.
I acknowledge that the Walkways and Stairs may be slippery during snow, rain, icy conditions and assume full risks associated with entering the building during such conditions.
I, for myself and on the behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Fitness Concepts Athletic Club, Inc., their officers, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the events (RELEASES), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASSES OR OTHERWISE, to the fullest extent permitted by law.
OBSTACLE COURSE WAIVER AND RELEASE OF LIABILITY, ASSUMPTION AND ENDEMNITY AGREEMENT
I understand and acknowledge that by signing below I am legally agreeing to all of the following statements in exchange for being allowed to participate in the activities (the "Activities") and/or event (the "Event") at the Fitness Concepts Athletic Club, LLC & CrossFit 696.
I AM AWARE THAT THE ACTIVITIES AND/OR EVENT ARE HAZARDOUS AND THAT I COULD BE SERIOUSLY INJURED OR EVEN KILLED. I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES AND/OR EVENT WITH KNOWLEDGE OF THE DANGER INVOLVED, AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN.
I understand that this Agreement also operates for my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf ("Related Parties"). I, on behalf of myself and the Related Parties, forever waive, release, discharge and covenant not to sue Fitness Concepts Athletic Club, LLC, CrossFit 696, and its owners, members, managers, representatives, agents and/or employees, subsidiaries and/or assigns, as well as its independent contractors, sponsors, advertisers and volunteers, (hereinafter the "Releases"), with respect to any and all injury, disability, death, and/or loss or damage to person or property, whether arising from the negligence or misconduct of the Release or otherwise.
I hereby assume full responsibility for any risk of bodily injury, death or property damage arising out of or related to participation and/or instruction in the Activities and/or Event, whether foreseen or unforeseen and whether caused by the negligence of the Releases or otherwise. I hereby separately agree to indemnify and save and hold harmless the Releases from any loss, liability, damage or cost that they may incur arising out of or related to participation in the Activities and/or Event, whether caused by the negligence of the Releasees or otherwise.
I hereby assume all of the risks of participating in the Activities and/or Event, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the Releasees, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
I understand that I may encounter variations in terrain, which may result in injury or damages. I acknowledge that these are my responsibilities, and I assume all risk for these hazards, including debris, rocks, cliffs, and other hazardous surface or subsurface conditions or obstacles, whether they are obvious or not obvious, man-made or natural. If I observe any unusual and/or significant hazard during my presence or participation, I will remove myself from participation and report such hazard.
I acknowledge that this Agreement will be used by the Activities and/or Event Releasees, and that it will govern my actions and responsibilities at said Activities and/or Event. I agree to abide by the rules of the Activities and/or Event, as well as civil, criminal and traffic laws and regulations. I understand that I may be dismissed from the Activities and/or Event if I disobey rules, regulations, directions, instructions or laws, or endanger the safety or negatively impact any person or any property of any kind.
I consent to the administration of first aid and any other necessary medical treatment as necessary in the event of injury or illness and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment.
I certify that I am physically fit, have sufficiently prepared or trained for participation in the Activities and/or Event, and have not been advised not to participate by a qualified medical professional. I certify that there are no health-related reasons or problems, which preclude my participation in these Activities and/or Event.
I attest that I am covered by medical insurance. I agree to assume liability for any and all medical costs incurred as a result of my participation in the Activities and/or Event that are not covered by my insurance. I agree to indemnify and hold harmless the Releasees from all liability for medical costs.
I understand that the Activities and/or Event may be filmed. I agree to allow my photo, video, or film likeliness to be used for any legitimate purpose by the Releasees and assigns.
I understand that if I withdraw from the Activities and/or Event, I will not be reimbursed for any portion of fees paid, and I understand that all fees for participation are paid in exchange for the opportunity to participate to the best of my ability and in no way reflect an entitlement to complete the Activities and/or Event.
I agree that the Releasees may postpone, cancel, or modify the Activities or Event due to weather or other factors beyond their control that might affect the health and/or safety of the participants.
I attest that I am not, on the date of the Activities and/or Event, under he influence of any alcohol or drugs that would in any way impair my ability to participate. I assume full responsibility for any injury or loss to myself or to others and for any damage to personal or real property associated with my use or consumption of alcohol and/or drugs at any point before or during the Activities and/or Event.
If the Activities and/or Event include equestrian activities, I understand that pursuant to Massachusetts Law, an equine activity sponsor is not liable for an injury to, or the death of, a participant in equine activities resulting from the inherent risks of equine activities that are obvious and necessary, pursuant to 12 V.S.A. § 1039 (attached).
The Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT IA HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AM AWARE OF ITS LEGAL CONSEQUENCES, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
BY SIGNING BELOW, I AM ELECTRONICALLY SIGNING THIS AGREEMENT AND CERTIFY THAT I AM ABOVE THE AGE OF 18, THAT I AM THE MEMBER NOTED ABOVE (OR GUARDIAN/PARENT OF THE MEMBER), AND THAT I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY ELECTRONICALLY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
Fitness Concepts Athletic Club Inc.
COVID-19 has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely dangerous and is believed to spread mainly from person to person contact. As a result, federal, state, and local governments and state health agencies recommend social distancing and have, in many locations prohibited the congregation of groups of people.
Fitness Concepts Athletic Club Inc. has put in place preventative measures to reduce the risk of COVID-19, however, Fitness Concepts cannot guarantee that you or your children will not become infected with COVID-19. Further, attending Fitness Concepts could potentially increase your risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my children and I may be exposed to or infected by COVID-19 by attending Fitness Concepts and that such exposure or infection may result in personal injury, illness, disability, and death. I understand that the risk of becoming or exposed to or infected by COVID-19 at Fitness Concepts may be a result of actions, or omissions, or negligence of myself, others, including but not limited to, club employees, volunteers, and the program participants, and their families.
I voluntarily agree to assume all of the risks and accept sole responsibility for any injury to my children or myself (including, but not limited to, personal injury, disability, or death), illness, damage, loss, claim, liability, or expense of any kind, that I or my children may experience or incur in connection with my childrens or my own attendance to Fitness Concepts. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Fitness Concepts, its employees, agents, and representatives of and from the claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of Fitness Concepts, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any program or attendance at Fitness Concepts.