- By signing up for a free trial or utilizing the CrossFit Griffon
Website or any site directly associated with CrossFit Griffon you fully agree
to all the terms and conditions stipulated in this waiver.
- CrossFit Griffon will collect and store information regarding your
email address, First Name, Last Name and IP address and you agree that by
storing this information CrossFit Griffon may contact you with relevant follow
up communications via text or email.
- CrossFit Griffon will not resell any of the information collected.
- CrossFit Griffon are limited to potentially new CrossFit Griffon
members. By signing this agreement you agree that you are:
o Living within a reasonable distance of CrossFit Griffon’s operating
location (15mi radius)
o You are utilizing the trial with the express purpose of evaluating CrossFit
Griffon services, workout and location.
o You are not utilizing the trial as a way to bypass utilizing the drop
in service
- Signing up for a free trial is not a commitment to join CrossFit
Griffon and there is no monitory commitment required to participate in a trial.
- The trial term is limited to 3 consecutive days excluding Saturdays and
Sundays or days when CrossFit Griffon does not operate.
- An individual is limited to 1 free trial.
- By signing up for a trial you agree that:
o You are physically healthy and have no medical conditions that will
prevent you from participation in physical activities.
o You will inform the trainer / coach / owner of any physical or mental
disabilities that might have an impact on participating in physical activities.
This includes working out in environments with high sound levels.
o You are not subject to any Child Protective Zone restrictions.
ASSUMPTION OF RISK I WAIVER OF LIABILITY
(the "Agreement")
THIS AGREEMENT COVERS IMPORTANT LEGAL MATTERS INCLUDING, WITHOUT LIMITATION:
(i) ASSUMPTION OF ALL RISKS BY YOU,(ii) CONSENT TO PARTICIPATE AND MEDICAL TREATMENT,
(iii) WAIVER OF LIABILITY AND RELEASE OF ALL CLAIMS, and(iv) INDEMNITY BY YOU.
Consideration for Waiving Liability. In consideration for the opportunity to attend and/or participate in any of the workouts, seminars, or other fitness or exercise related instruction, classes, competitions or events, and any related activities, use of anyequipment, tests, promotional events, training, exercise, entertainment, demonstrations, instruction, ceremonies and exhibitions (collectively, the "CrossFit Event''), whether conducted, owned, leased, organized, operated, managed, supported, sanctioned or sponsored by or on behalf of Finix Athletics LLC (OBA CrossFit Griffon), CrossFit, Inc., or any of their respective officers, directors, agents, assistants, contractors, volunteers, staff, representatives, guests and employees, as well ascoaches, instructors, judges, trainers, owners, lessors, lessees or operators of any gym or CrossFit licensed affiliate gym (commonly known as a CrossFit affiliate), CrossFit Event sponsors, exhibitors, vendors, spectators, media and medical personnel present at the CrossFit Event (collectively, the "CrossFit Parties"), or any other venue, location or equipment used in or with any part of a CrossFit Event (collectively, the "Venue" and together with the CrossFit Parties, the "Released Parties" andeach a "Released Party"), with or without supervision and whether such activities take place at or near the Venue, traveling to or from the Venue or otherwise, and for other good and valuable consideration, the receipt andsufficiency of which are hereby acknowledged, I (sometimes referred to herein as"Participant"), for myself, my heirs, executors, next of kin, successors in interest, guardians, legal representatives, assigns and administrators, agree as follows:
Dangerous Activity
Inherent and
Additional Risks
I agree and acknowledge that participating in the CrossFit Event may involve inherent danger and risk, that the risk of injury from the CrossFit Event is significant, that the CrossFit Event can be unpredictable, and that such risks and dangers include, without limitation, the danger and risk of (i) PHYSICAL INJURY AND/OR DEATH; (ii) falling, jumping, landing, misdirected equipment, colliding with staff, guests, media personnel and spectators; (iii) minor injuries, such asscratches, bruises andsprains;
(iv) major injuries, such as joint and back injuries, broken bones, dislocated shoulders, concussions, rhabdomyolysis, musculoskeletal injuries, cardiovascular injuries, cardiovascular trauma, heart attack, stroke, and injury to my fetus (if pregnant); (v) catastrophic injuries, such as brain injury and paralysis; and (vi) property
damage. With respect to any Participant acting as a volunteer for the CrossFit Event or Venue, the activities at the CrossFit Event may also include, without limitation, (a) assisting with, preparing for or tearingdown a venue; (b) participating in the administration, monitoring or governance of an event or activity; (c) competing in, assisting participants and/or their families in preparing and training for an event or activity; (d) teaching or instruction, equipment preparation or maintenance; (d) directing traffic
and people; (e) performing administrative tasks, and/or (t) participating in any other duties or usesof the CrossFit Event and Venue. I also understand that the use of alcohol and/or drugs may increase or exacerbate these risks and dangers. I understand and agree that neither my actions, nor the actions of any other person, can
necessarily be controlled, and that my safety and health cannot be guaranteed while participating in or observing the CrossFit Event and related activities or visiting the Venue. Bysigning this Agreement, I freely accept and fully assume responsibility for all such dangers and risks and the possibility of personal injury, death, property damage or loss resulting therefrom. I acknowledge and understand that the description of the risks and dangers listed above is not complete and that participating in the CrossFit Event involves additional risks and dangers, which may include, without limitation, encounters with motor vehicles and equipment, limited access to and/or delay of medical attention, mental distress from participation, and negligence of others. I understand that there are risks involved in the decision-makingand conduct of the CrossFit Parties• employees and volunteers involved with the CrossFit Event, including, but not limited to, the risk that a coach, instructor, staff or volunteer may misjudge a participant's abilities, conditioning, or mental, emotional or physical condition, misjudge weather, terrain, facilities, equipment, location, or misjudge some other aspect of the CrossFit Event that may make acertain portion of any CrossFit Event inappropriate for Participant.
I agree to inspect before use all equipment offered for use at the CrossFit Event and the Venue, including without limitation, exercise and fitness equipment and apparatus or other equipment (the "Equipment") and to ask questions of the CrossFit Event employees and/or instructors if I do not fully understand how to use either the Equipment or the Venue. I warrant that information provided to CrossFit Event employees, instructors, seminar technicians and personnel will be accurate andcomplete. If I am under theage of 18, my parent or guardian being at least 18 years oldand agreeing to this Agreement on my behalf ("Adult''), understands that he/she may not be available or present when my Equipment is provided, fitted or adjusted and hereby waives the opportunity to inspect the use and fitting of the Equipment and authorizes the CrossFit Event agents or employees to oversee the use and fitting of the Equipment. I understand that, although I may be wearing protective or support gear, as applicable, such gear cannot guarantee mysafety or protect the wearer against all potential injuries or prevent all injuries. I accept for use"AS IS" any Equipment used for a CrossFit Event and agree to identify or return either before use or promptly after discovery for replacement or repair any Equipment that I believe may be damaged or defective in any way. If! am under the age of 18, Adult accepts full responsibility for thecare of the Equipment used for a CrossFit Event and agrees that Adult will be responsible for the replacement at full retail value of any Equipment damaged or not returned. I understand that additional fees may be required for use of the Venue, Equipment, or other services provided by the CrossFit Event and that age, height, and ability restrictions may apply to limit participation in the CrossFit Event and use of some or allof the Venue.
Duties of Participant and Representation as to Physical Condition. I agree to, or if I, as the Participant, am under the age of 18, Adult agrees to read and, if necessary, explain to me, all posted signs and warnings. I must maintain control at all times while participating in the CrossFit Event. I am responsible for reading, understanding and complying with all signage, including, without limitation, instructions for the use of the Venue. I acknowledge that I have the physical dexterity and knowledge to safely engage in the CrossFit Event and use the Venue. I acknowledge and agree that I am solely responsible for evaluating my physical fitness, mental fitness, technical skills and experience in order to assess mysuitability to engage in the CrossFit Event. I acknowledge that I have consulted with a qualified physician about my desired participation in the CrossFit Event, and will adhere to the guidelines that my physician recommends. I acknowledge that I do not suffer from ANY health condition which may be aggravated by participating in the CrossFit Event, including, but not limited to, heart conditions or high blood pressure, back, neck or other skeletal, muscular, respiratory or circulatory problems. I acknowledge that I may be required to wear protective gear appropriate to the CrossFit Event at certain times while participating in any CrossFit Event.
Consent to Medical Treatment. In connection with any injury that I maysustain or illness or other medical conditions that I may experience during my presence at the CrossFit Event or the Venue or otherwise while engaging directly or indirectly in the CrossFit Event, I authorize and consent to receive anyemergency first aid, medication, medical and/or surgical treatment deemed necessary by the attending personnel and/or the CrossFit Event employees and agents. I acknowledge that the Released Parties are under no obligation to provide such medical treatment or services, and the Released Parties do not warrant or make any representation concerning the adequacy or continuation ofsuch medical services, nor can the Released Parties be deemed responsible or held liable for any claims arising out of the provision of such medical services or the failure to provide or to continue to provide such medical services. I further authorize the attending personnel and/or the CrossFit Event employees or agents to execute on my behalf any permission forms, consents or other appropriate docun1ents relating to medical attention and to act on my behalf if not able or immediately available to doso and the same is urgent as determined in their sole discretion. I ACKNOWLEDGE AND AGREE THAT EMERGENCY ASSISTANCE
I expressly acknowledge that if the CrossFit Event and Venue are located some distance from medical facilities, that such distance may exacerbate any injury or condition sustained by me. I shall be responsible for allcosts associated with such medical care and related transportation.
Assumption of Risks. Understanding, acknowledging and agreeing to all the risks and hazards involved with the CrossFit Event, I freely and voluntarily choose to participate in the CrossFit Event, travel to, enter and use the Venue, and I HEREBY VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS, DAMAGES, THEFT, INJURY OR DEATH THAT MAY OCCUR TO ME OR MY PROPERTY AS A RESULT OF OR INCIDENT TO MY PARTICIPATION IN THE CROSSFIT EVENT, INCLUDING THE RISK I MAY BE INJURED BY THE ACTIONS, OMISSIONS, REPRESENTATIONS OR NEGLIGENCE OFTHE RELEASED PARTIES, OTHER PARTICIPANTS OR THIRD PARTIES WHILE PARTICIPATING IN THE CROSSFIT EVENT OR VISITING,
TRAVELING TO OR FROM OR USING OR VISITING THE VENUE OR PARTICIPATING IN OUTDOOR ACTIVITIES. I understand and agree that by agreeing to this Agreement, I am assuming full responsibility for any and all risk of death, serious personal injury, temporary or pem1anent disability, or property loss and/or damage suffered by me or my property in connection with the CrossFit Event whether or not described in this Agreement, known or unknown, inherent or otherwise, or while visiting, traveling to or using the Venue. I understand and agree that this Agreement will be binding on me, my spouse (or registered domestic partner), my guardians, theexecutors or acunm1strators ot myestate, my neus, my personal representatives, my assigns, my successors m mterest., mycn11<1ren., and. any guaromn ao utem tor sa10 children (collectively, the "Releasors"). I accept full and complete responsibility for thesafety of myself, anyguests, observers or other individuals who I have invited to the Venue, and property we have brought to the Venue, and I assume the risk of damage, theft, loss or injury caused by others to me, my guests and our property. I also accept full and complete responsibility for theconsequences of taking unreasonable risks while participating in the CrossFit Event or using the Venue, including, without limitation, attempting activities that I am not qualified to perform safely, causing any other participants/spectators an unreasonable risk of harm, or failing to follow correct safety procedures when using the Venue and participating in the CrossFit Event.
Liability Release and Waiver of Claims. On behalf of myself and the Releasors and in consideration for being allowed to participate in the CrossFit Event and/or use of the Venue, I HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS OR CAUSES OF ACTION, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, ACCIDENT, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE, DESTRUCTION, DELAY, INCONVENIENCE OR OTHER HARM OF WHATEVER NATURE THAT MAY BE DIRECTLY OR INDIRECTLY RELATED TO, ARISING FROM OR SUSTAINED FROM PARTICIPATION IN THE CROSSFIT EVENT AND/OR TRAVEL TO OR FROM OR VISIT TO OR USE OFTHE VENUE OR ACTIVITIES RELATED THERETO, NEGLIGENT FIRSTAID OR EMERGENCY RESPONSE OFTHE RELEASED PARTIES OR OTHER NEGLIGENT ACT OR OMISSION OR
BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF ANY RELEASED PARTIES OR OTHERWISE, provided that nothing in this Section 6 shall bedeemed to release any Released Party from liability arising from their own willful or intentional injury to me or my property.
Unpredictability of Cause; Personal Responsibility. I understand that injuries and hann may result from the CrossFit Event, including working with andaround weightlifting, exercise and fitness equipment and apparatus, climbing ropes, peg boards, walls, sports, music or entertainment equipment and machinery from a variety of causes, including the actsor omissions ofother persons, weather, ice, snow, hills, mountains, terrain, ocean or water conditions, ground and environmental conditions and other causes not necessarily predictable or within anyone's control. I agree and acknowledge that the Released Parties do not accept any responsibility for injury, illness, loss, or damages suffered by me and that obtaining insurance to cover these risks is my own responsibility. I acknowledge and agree that it is my responsibility to have any insurance including, without limitation, medical, accidental disability and death coverage and liability insurances, that I may wish to have or it is advisable to have in relation to my being present at the CrossFit Event and Venue. I acknowledge that (i) the Released Parties and any other person at the CrossFit Event and Venue may not have, insurance that covers me in connection with my attendance at the CrossFit Event and Venue, and (ii) I am not relying on the existence of the same in the decision to be present at the CrossFit Event and Venue at any time hereafter. Any insurance any of the Released Parties may have shall in no waydiminish myobligation to obtain insurance coverage applicable to me while being present at the CrossFit Event and Venue. The foregoing does not diminish the requirement of any party to have any insurance required by law. I understand and agree that I am solely responsible for any medical costs and expenses (including insurance costs) incurred directly and/or indirectly by me as a result of my attendance at the CrossFit Event and Venue for any reason. With respect to any Participant acting as a volunteer for the CrossFit Event or Venue, I acknowledge and agree that such volunteer is not an employee of the CrossFit Event and Venue regardless of any non-cash remuneration for time and services
they may receive. I further understand and agree that volunteers are not covered by Workers' Compensation, and accordingly, volunteers are encouraged to obtain their own medical insurance coverage. I assume all risk of personal injury, sickness or death, and damage to or loss of my belongings and property, and any and all other delay, inconvenience, damage, loss or other expenses I may suffer as a result of or in connection with the CrossFit Event. I shall be fully responsible for myactions. I assume responsibility for mysafety and that of others, including injuries, property damage and hann, to the fullest extent possible and regardless of the acts or omissions of others.
a.
Rhabdomyolysis ("Rhabdo")
can
occur when physical activity is so intense that one's muscular cells begin to breakdown and enter the bloodstream. The symptoms include muscle pain, stiffness and extreme weakness, darkening of the urine, decreased urine output, altered mental status andswelling of the body part involved. I understand that any concerns
on my part that I am experiencing any of the symptoms of Rhabdo require immediate presentation to a hospital for emergency
treatn1ent. I acknowledge and understand that all individuals engaged in demanding workouts are potentially exposing themselves to Rhabdo or other
injuries/negative physical results.
I
acknowledge and understand that I am the only individual capable of detem1ining if I am experiencing Rhabdo symptoms.
I hereby agree anddo willingly assume
responsibility for any injury or death that may result from participating in this significantly demanding physical activity.
b.
Assumption of the Risk and Waiver
of Liability Relating to Coronavirus/COVID-19: The novel
coronavirus, COVID-19, bas been declared a worldwide pandemic by the World Health Organization.
COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. COVJD-19 is an extremely
contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and guests with underlying
medical conditions
areespecially
vulnerable. Asa result, federal, state, and local governments and federal and state health agencies
recommend social distancing and have, in many locations, prohibited the congregation of groups of people. CrossFit Griffon has put in place preventative
measures to reduce the spread of COVID-19; however, CrossFit Griffon
cannot guarantee that you or your cbild(ren) will not
become infected
with COVID-19. Further, attending CrossFit Griffon could increase your risk and your child(ren)'s risk of contracting COVID-19.
c. By visiting CrossFit Griffon I voluntarily assume all risks related to exposure to COVID-19.
d. Bysigning this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may beexposed to or infected by COVID-19 by attending CrossFit Griffon and that such exposure or infection may result in personal injury, illness, pem1anent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the CrossFit Griffon may result from the actions, omissions, or negligence of myself andothers, including, but not limited to, CrossFit Griffon employees, volunteers, and program participants and their families.
e.
I voluntarily agree
to assume all of the foregoing risks
and accept sole responsibility for any injury
to
my myself (including, but not limited to, personal injury, disability, anddeath),
illness, damage, loss, claim, liability, or expense, of
any kind, that I
may experience or incur in connection with my attendance at the
CrossFit Griffon. On my behalf, andon behalf of mychildren, I hereby release, covenant not tosue, discharge, and bold ham1less
CrossFit Griffon employees, agents, and
representatives, of and from the Claims, including
all liabilities, clainls, actions, damages, costs or expenses
of any kind arising out ofor relating thereto.
I understand and agree that this release
includes any Claims
based on the actions, omissions, or negligence of the Club, its employees, agents, and representatives, whether a COVJD-19
infection occurs before, during, or after participation
in any CrossFit Griffon program.
f.
Personal Property. I am responsible for the
security and
safety of
my own
property and
any personal effects I
use, bring to or
leave at
the Venue or otherwise related to
the CrossFit Event, and that the Released Parties cannot guaranty thesecurity or
safety of
my property. Should I leave any property at
the Venue or
g. otherwise in the custody of the Released Parties, I doso at my sole and absolute risk. None of the Released Parties shall have any liability to meor anyone else in theevent of loss, damage, destruction or use, whether authorized or not, by any person or theft of any such property.
h.
Indemnification. I SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES,
JOINTLY ANDSEVERALLY, FROM AND
AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, LOSSES, COSTS, DAMAGES, EXPENSES, SETTLEMENTS, JUDGMENTS, CAUSES OF ACTION AND LIABILITIES OF ANY KIND WHATSOEVER, WHETHER FORESEEN
OR
UNFORESEEN, INCLUDING ATTORNEYS' FEES, IN LAW OR IN EQUITY, ARISING OUT OF OR RESULTING FROM ANY CLAIMRELATED
TO
MY PARTICIPATION IN THE CROSSFIT EVENT,
INCLUDING WITHOUT
LIMITATION, MY BREACH OFTHIS AGREEMENT OR THE CROSSFIT EVENT RULES AND POLICIES, ANY INDIVIDUAL
j.
Promise not to Bring Suit. I hereby agree and covenant not to, and shall cause the Releasors not to, bring a claim against, sue, demand compensation from or attach the
property or assets
of the Released
Parties or any of them, for any loss or damage arising or resulting from my participation in the CrossFit Event or my travel to or from or presence at the Venue, including but not limited to outdoor activities
like running as part of workouts and forever release and discharge the Released
k. Parties or any of them from liability under such claims.
l.
Guests.
I
assume all risk of damage or injury to any individuals
that I invite asguests at the CrossFit Event or Venue, whether I am present or not, and hereby agree to fully indemnify the Released Parties against
any claims for damages or injurysuffered by my invited guests.
m. Acknowledgment. If Participant is under 18 years of age, Adult acknowledges that they are not onlysigning this Agreement on Adult's own behalf, but that Adult is
n. also signing this Agreement on behalf of Participant and that Participant is bound by all the tem1s of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of Participant, Adult understands that they are also waiving rights on behalf of Participant that Participant otherwise may have. Adult agrees that Participant would not be pem1itted to participate in the CrossFit Event or use the Venue if Adult did not sign this Agreement on Participant's behalf. By signing this Agreement without a parent or legal guardian's signature, Participant, under penalty of fraud, represents that they are at least 18 years of age. Adult represents that they are a legal parent or guardian of Participant.
o.
Florida Law Applies: I agree that the Florida law will apply to all matters relating to
this Waiver. I
agree that exclusive jurisdiction for any dispute with the CrossFit Venue
resides in the courts
of the State of Florida with mandatory venue
in Orange County andexpressly consent to theexercise of personal
jurisdiction in the State
of Florida in connection with anydispute.
Severability. If any provision of this Agreement (or portion thereof) is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable,such provision (or part thereof) shall be enforced or, if incapable of such enforcement, shall be deemed to be deleted from this Agreement, while the remainder of
this Agreement shall continue in full force and remain in effect according to its stated tem1s and conditions.
Child (Minor) Watch Waiver: I assume all risk of damage or injury to any child that I bring to the CrossFit Event or Venue incl. Child Watch, whether I am present or not, and hereby agree to fully indemnify the Released Parties against any claims for damages or injury suffered by the minor. The CrossFit Venue is not astate certified childcare facility and I fully understand that this is a best effort service. I furthem10re agree never to leave the CrossFit venue without any minor that I accompanied to the CrossFit venue. If the CrossFit venue determines that a minor was left at the property unattended, the CrossFit venue will contact the local authorities to request that they take custody of the minor. The CrossFit venue has full right to deny access to any Child Watch area to any minor at any time for any reason.
Additional Acknowledgement of Participant.
I HAVE READ THIS ENTIRE AGREEMENT CAREFULLY,
AND
FULLY UNDERSTAND ALL OF ITSTERMS AND CONDITIONS. I AM PROVIDING MY ACKNOWLEDGMENT
AND
AGREEMENT THAT I HAVE HAD AN OPPORTUNITY TOCAREFULLY READ THE ENTIRE AGREEMENT AND TO HAVE ANY QUESTIONS ANSWERED TO MY SATISFACTION.
I hereby represent, warrant and covenant to the Released Parties that each of the following is true and accurate:
•
I am at least 18 years of age and I have the right
to contract in
myown name or if I am under 18 years of age, my Parent or Guardian may contract on my behalf.
• I have read this entire Agreement, understand the words and language in this Agreement, and agree to all of the terms and conditions of this Agreement.
• I have read, understand, and agree to abide by the CrossFit Event Rules and Policies.
• I am aware of, and voluntarily participate despite, the potential dangers and risks inherent to the CrossFit Event.
Participant's Name:
Signature: Date:
I agree to these terms and policies