PLEASE READ CAREFULLY BEFORE SIGNING
This document is a legally binding agreement between the undersigned participant (hereinafter referred to as "Participant") and the Elevation Athletics Masters Team and EA Team Gym, its owners, operators, employees, agents, and representatives (hereinafter collectively referred to as "the Gym").
1. Assumption of Risk
Participant acknowledges that participation in physical exercise, training programs, and the use of gym facilities, equipment, and services involves inherent risks, dangers, and hazards, which may include, but are not limited to, muscle strains, sprains, fractures, dislocations, heart attack, stroke, paralysis, and even death. These risks may result from the Participant's own actions or inactions, the actions or inactions of others, or the condition of the facilities and equipment.
Participant understands and agrees that EA cannot guarantee absolute safety and that participation in swim or gym workouts is purely voluntary. Participant hereby freely and voluntarily assumes all risks, both known and unknown, associated with participating in any activities at EA Workouts, even if arising from the negligence of EA Coaches or others, to the fullest extent permitted by law.
2. Waiver and Release of Liability
In consideration of being permitted to participate in activities and use the facilities and services that EA uses and offers, Participant, for themselves, their heirs, executors, administrators, and assigns, hereby forever waives, releases, discharges, and covenants not to sue Elevation Athletics or the Elks Lodge Boulder #566 from any and all claims, demands, actions, causes of action, losses, damages, or expenses, including attorney's fees, arising out of or in any way connected with the Participant's participation in any activities or use of the facilities or services of Elevation Athletics, including, but not limited to, those arising from the negligence of Elevation Athletics or others, to the fullest extent permitted by law.
This waiver and release includes, but is not limited to, any claims for personal injury, property damage, or wrongful death, whether caused by the negligence of Elevation Athletics, its employees, agents, or representatives, or otherwise.
3. Medical Disclaimer
Participant affirms that they are in good physical condition and do not suffer from any known disability or condition that would prevent or limit their participation in an exercise program or use of the facilities Elevation Athletics operates services. Participant acknowledges that Elevation Athletics has not provided any medical advice and strongly advises Participant to consult with a physician prior to commencing any exercise program or using any Elevation Athletics facilities or services. Participant agrees to inform Elevation Athletics coaches of any changes in their medical condition.
4. Indemnification
Participant agrees to indemnify, defend, and hold harmless Elevation Athletics, or Elks Lodge Boulder #566 from and against any and all claims, demands, actions, causes of action, losses, damages, or expenses, including attorney's fees, brought by any third party arising out of or in any way connected with the Participant's participation in any activities or use of the facilities or services Elevation Athletics uses including, but not limited to, those arising from the Participant's own negligence or willful misconduct.
5. Severability
If any provision of this Waiver and Release of Liability is found to be unenforceable or invalid, that provision shall be severed from this agreement, and the remainder of the agreement shall remain in full force and effect.
6. Governing Law
This Waiver and Release of Liability shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles.
7. Acknowledgment of Understanding
Participant certifies that they have read this Waiver and Liability Release Form, fully understand its terms, and understand that they are giving up substantial rights, including their right to sue. Participant acknowledges that they are signing this agreement freely and voluntarily, and intend their signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.