Hold Harmless, Indemnification, and Likeness Release
Witness by my signature below or acceptance of this form via electronic means (including but not limited the MindBody App) and my continued usage of the facilities and training provided by STRONGWILL/WomanWarriorQueen Consulting LLC, d/b/a STRONGWILL/WomanWarriorQueen and/or its owners, managers, employees, agents, or assigns, that I have read and understood this waiver of liability and without duress, I freely agree to the following terms and conditions herein.
INFORMED CONSENT/ASSUMPTION OF RISK
I hereby agree to participate in one or more physical fitness program(s) and/or class(es) sponsored by STRONGWILL/WomanWarriorQueen that may include but are not limited to CrossFit, Explosion Camp, Breakfast Club, and/or training of any kind by any affiliate, subsidiary or partnership of STRONGWILL/WomanWarriorQueen. STRONGWILL/WomanWarriorQueen has made me fully aware that the fitness programs/classes that it 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 are not without varying degrees of risk that may include but are not limited to the following:
Injury to the musculoskeletal and/or cardio respiratory systems which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment, or injury or death due to a medical condition, whether known or unknown by me. I am aware that any of these above mentioned risks might result in serious injury or death to myself and or my partner(s).
I willingly assume full responsibility for any and all risks that I am exposing myself to as a result of my participation in STRONGWILL/WomanWarriorQueen programs/classes and accept full responsibility for any injury or death that may result from participation in any activity, class or physical fitness program. I herby certify that I know of no medical problems that would increase my risk of illness and injury as a result of participation in a fitness program designed by STRONGWILL/WomanWarriorQueen. STRONGWILL/WomanWarriorQueen informed me that there exists the possibility of adverse physical changes during an exercise program including but not limited abnormal blood pressure, fainting, disorder of heart rhythm, stroke, and in very rare instances, heart attack or even death, and I fully understand the same. With my full understanding of the above information, I agree to assume any and all risk associated with my participation in STRONGWILL/WomanWarriorQueen programs/classes.
RELEASE OF LIABILITY
In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in the activities made available by STRONGWILL/WomanWarriorQueen, and with my full understanding of all of the above, I hereby waive, release, discharge, and hold harmless STRONGWILL/WomanWarriorQueen and its agents, officers, principals, employees, assigns and volunteers, of any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, my participation in STRONGWILL/WomanWarriorQueen programs/classes, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. I acknowledge and affirm that I am of legal age and I have the legal authority to proceed with the above mentioned actions without having to gain permission or compensate a third party for the rights I am waiving in this section.
This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. I also give permission for any certified and/or qualified person connected with STRONGWILL/WomanWarriorQueen (either staff or a fellow patron) to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and to transport me to a medical facility if deemed necessary. Furthermore I waive any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with medical care provided by a certified and/or qualified person(s) and hereby release said person(s) from any and all liability for their actions.
INDEMNIFICATION
I recognize that there is risk involved in the types of activities offered by STRONGWILL/WomanWarriorQueen. Therefore, I accept financial responsibility for any injury that I may cause either to myself or to any other participant due to my negligence. Should STRONGWILL/WomanWarriorQueen and its agents, officers, principals, employees, assigns and volunteers or anyone acting on its behalf, 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 STRONGWILL/WomanWarriorQueen and its agents, officers, principals, employees, assigns 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 STRONGWILL/WomanWarriorQueen.
Use of picture(s)/film/likeness
I agree to allow STRONGWILL/WomanWarriorQueen, its agents, officers, principals, employees, assigns and volunteers to use a picture(s), film and/or likeness of me for advertising purposes in perpetuity without compensation in any form of advertising currently existing or created in the future. In the event I choose not to allow the use of the same for said purpose, I agree that I must inform STRONGWILL/WomanWarriorQueen of this in writing. I acknowledge and affirm that I am of legal age and I have the legal authority to proceed with the above mentioned actions without having to gain permission or compensate a third party for the rights I am waiving in this section.
MINOR CHILDREN
In the event the participant is a minor, he/she must sign this form electronically and a parent or guardian must sign a hard copy of this form in the presence of an employee of STRONGWILL/WomanWarriorQueen Any rights waived in this agreement that would normally be waived by the signatory shall be purported to be waived on behalf of the minor and the agreement will maintain its full force and validity.
Furthermore, I give permission for any certified and/or qualified person connected with STRONGWILL/WomanWarriorQueen (either staff or a fellow patron) to administer first aid deemed necessary to my minor child, and in case of serious illness or injury, I give permission to call for medical and to transport my child to a medical facility if deemed necessary. Furthermore I waive any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with medical care provided by a certified and/or qualified person(s) and hereby release said person(s) from any and all liability for their actions.
MERGER, FORUM, AND SEVERANCE
This document is a complete integration of the conversation between the parties and supersedes any and all prior written or oral conversations pertaining to this matter. This Agreement may be modified in writing only upon the consent of both parties. Any conflicts arising as a result of this Agreement shall be resolved in a court of Arkansas jurisdiction and it shall be construed in accordance with the laws of the State of Arkansas barring all others. If any portion of this Agreement is found to be in conflict with any federal, state, or municipal law or ordinance, the conflicting portion shall be stricken from the document and the remainder shall be enforced to the fullest extent possible.
ACKNOWLEDGEMENT
I have fully read and fully understand the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.