CrossFit Incendia Liability Waiver and Release
I hereby acknowledge that the CrossFit training for which I am registered is a strenuous activity which is beyond the capability of some people, and may cause minor, severe and/or permanent injuries or death to those people that are not sufficiently physical fit, trained and/or experienced. I have made my own determination as to whether or not I am able to safely participate in such training. I recognize that CrossFit Incendia, Positive Impact Enterprises, LLC and CrossFit, Inc. have not evaluated my ability to participate in such training. I also recognize that any advice dispensed by CrossFit Incendia and/or Positive Impact Enterprises, LLC and/or CrossFit, Inc. may not be appropriate for me, and it is my responsibility to make this determination.
I acknowledge that CrossFit training is an extreme test of a person’s physical and mental limits and carries with it, regardless of physical fitness or experience, the potential for death or serious injury. I hereby assume the risks of participating in such training. I certify that I have not been advised against participation in such activity by a qualified health care professional.
I, for myself, my past, present and future agents, attorneys, representatives, predecessors, successors, assigns, heirs and executors, do hereby waive, release and discharge CrossFit Incendia, Positive Impact Enterprises, LLC and/or CrossFit, Inc. from any and all matter of liability, claims for damages, causes of action, suits, proceedings, compensation, attorneys’ fees, costs and expenses of suits, claims and demands whatsoever, which may arise as a result of my participation in CrossFit training with CrossFit Incendia and/or Positive Impact Enterprises, LLC, including, but not limited to any and all claims, losses or liabilities for death, personal injury, partial or permanent disability, property damage, medical or hospital bills, theft or damage of any kind, including economic losses, which may in the future arise out of or relate to my participation in or traveling to and from CrossFit training with CrossFit Incendia and/or Positive Impact Enterprises, LLC.
I acknowledge that there may be motor vehicles, cycles (motor-driven or otherwise), persons (whether on foot, cycle or otherwise), dangerous or adverse road/trail/route or water conditions, road/trail/route or water hazards, obstacles or other objects present, wildlife, marine life or other animals present during CrossFit training with CrossFit Incendia and Positive Impact Enterprises, LLC and I hereby assume the risk related thereto of participating in CrossFit training. I hereby assume any and all other risks associated with participating in CrossFit training, including contact or effects of other participants and effects of weather.
I acknowledge that the Incendia KidCare Center provided by CrossFit Incendia is for my convenience only. The Incendia KidCare Center is NOT an official Day Care Facility. The undersigned(s) assume(s) all risk of injury or harm to the child or children associated with participation in CrossFit Incendia KidCare and agree(s) to release, indemnify, defend and forever discharge CrossFit Incendia, Positive Impact Enterprises, LLC, and it’s staff, employees, and agents of from all liability, claims, demands, damages, costs, expenses, actions and causes of action in respect of death, injury, loss or damage to the child, or by the child, whosoever caused, arising or to arise by reason of or during the child’s participation in the KidCare Center. I agree that if I use the Kiddie Containment Area for my children or guests that it is at my own risk. CrossFit Incendia and Positive Impact Enterprises, LLC are not responsible for care of children or condition of Kiddie Containment Area.
RHABDOMYOLISYS WARNING: Among the potential risks of strenuous exercise is a rare, but serious condition, known as Rhabdomyolysis. People new to the pace and intensity of CrossFit workouts may be at the risk of Rhabdomyolysis, which is a potentially lethal condition initiated by the kidneys in response to the presence of shed muscle fiber debris in the bloodstream due to intense exertion of the muscles.
Rhabdomyolysis has many causes and among them are: Alcoholism (with muscle tremors), Crush injuries, Drugs (especially cocaine, amphetamines, statins, heroin, or PCP), Genetic muscle diseases, Heatstroke, Ischemia or necrosis of the muscles (which may occur with arterial occlusion, deep venous thrombosis, or other conditions), Low phosphate levels, Seizures, Severe exertion, such as marathon running or calisthenics, Shaking chills, or Trauma. Symptoms of Rhabdomyolysis include: Abnormal urine color (dark, red, or cola colored), Decreased urine production, General weakness, Muscle stiffness or aching (myalgia), Muscle tenderness, Weakness of the affected muscles.
I acknowledge that high intensity exercise must be approached cautiously in the beginning because of the affects of Rhabdomyolysis. I am aware that the initial onset signs of Rhabdomyolysis often go unnoticed, even by the person experiencing it. I agree that I am responsible for setting my own level of exertion and I am responsible for heeding my own body's limitations. I agree that I am solely responsible for using common sense and setting my own level of intensity. I agree that I am aware of, understand, and assume all risk for possibility of Rhabdomyolisis. I also agree that if I experience any of the symptoms of Rhabdomyolysis, I will seek medical treatment IMMEDIATELY.
I AGREE NOT TO BRING ANY CLAIMS for damages, causes of action, suites and/or proceedings against CrossFit Incendia, Positive Impact Enterprises, LLC or Cross Fit, Inc. for any and all claims made or liabilities assessed against them as discharged herein.
DISPUTE RESOLUTION PROCESS: To the extent I desire to resolve ANY dispute with CrossFit Incendia, Positive Impact Enterprises, LLC and/or CrossFit, Inc., I agree to the following sequence of procedures to resolve such disputes:
(a) Negotiations – The parties agree that in the event of a dispute, the parties will negotiate in good faith a resolution of the dispute prior to the making of a request for mediation or arbitration.
(b) Mediation – If negotiation does not resolve the dispute, the parties shall submit the matter to a mediator, whose role is to facilitate further negotiations between the parties. The mediator will not have power to decide how to resolve the dispute, but will use recognized techniques to assist the parties in making that decision. The parties will mutually agree to the mediator. In the event the parties are unable to agree on a mediator, the parties agree that the mediators nominated by both parties shall select the mediator.
(c) Arbitration – If the dispute is not resolved by mediation, the parties shall submit the matter to Binding Arbitration. This means the power to resolve the outcome of the dispute will be assigned to the Arbitrator, and the parties agree to accept the decision of the Arbitrator as final. The same rules applicable to selection of a mediator apply to the selection of an Arbitrator.
I INDEMNIFY AND HOLD HARMLESS CrossFit Incendia and/or Positive Impact Enterprises, LLC from any and all claims made or liabilities assessed against them as a result of (i) my actions or inactions (ii) the actions, inactions or negligence of others including those parties hereby indemnified (iii) the conditions of the facilities, equipment or areas where the event or activity is being conducted and (iv) any other harm caused by an occurrence related to CrossFit training through CrossFit Incendia and Positive Impact Enterprises, LLC.
I GRANT PERMISSION for the use of my name and and/or likeness, including photos of myself, and testimonials relating to my personal training through CrossFit Incendia and/or Positive Impact Enterprises, LLC and I WAIVE all rights to any future compensation to which I may otherwise be entitled as a result of the use of my name or likeness.
I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER or I AM THE PARENT OR GURADIAN OF THE MINOR CHILD I AM SIGNING FOR, I HAVE READ THIS DOCUMENT AND I UNDERSTAND ITS CONTENTS.