Frontier Climbing Fitness Waiver, Release, Acknowledgement of Risk, and Indemnification Agreement
WARNING: This agreement is legally binding. If you do not understand any aspect of this agreement, have a Frontier Climbing Fitness employee fully explain such aspect before signing. In signing this document, you are waiving the right to bring a court action to recover compensation or obtain any other remedy for any personal injuries, damage to property, accident of any kind, or for your death, arising out of the use of the Frontier Climbing Fitness facilities, climbing walls, (including, without limitation, lead walls), equipment, participation in classes, or activities sponsored by Frontier Climbing Fitness, whether that use is supervised or unsupervised. Note: If the terms of this waiver and release are unacceptable to you, prior to you signing this document, you should contact the manager of Frontier Climbing Fitness to negotiate acceptable terms.
I hereby release, protect, indemnify, defend, and hold harmless Frontier Climbing Fitness, each of Frontier Climbing Fitnesss’ directors, officers, agents, attorneys, landlords, affiliates, volunteer assistants, and employees, and any other climbers, members, visitors, users, or other persons whom may be present at Frontier Climbing Fitness (collectively, the “Indemnified Parties”) from and against any and all losses, claims, causes of action, damages, costs, expenses, and liabilities in connection with any injury to or illness or death of any person or damage to any property (including all reasonable expenses of litigation, court costs, and attorney’s fees) (collectively, “Losses”) incurred in connection with my use of the Frontier Climbing Fitness, and I hereby waive any right I may have against the Indemnified Parties with respect to any Losses; provided, however, that to the extent such Losses are caused by the willful misconduct of any Indemnified Party, this paragraph will not apply to such Indemnified Party. It is my express intention that the terms of the preceding sentence include an agreement to waive all Losses caused by the negligence of any Indemnified Party. The provisions of this agreement are binding on me and heirs, assigns, and personal representatives.
Rock climbing, as a sport, has inherent risks. There is an assumed risk of injury rock climbing, which also applies to the controlled environment of Frontier Climbing Fitness. I hereby acknowledge and agree that the sport of rock climbing and the use of Frontier Climbing Fitness’s facilities, equipment, climbing walls, taking of classes, and/or participating in activities sponsored by Frontier Climbing Fitness has inherent risks. While it is impossible to list or contemplate all the possible injuries that may occur, some examples are: Patron’s misuse of the facilities, climbing walls, or equipment; cuts and abrasions resulting from ropes or skin contact with the climbing wall; failure of the facilities, climbing walls, or equipment of Frontier Climbing Fitness; slips, trips, falls, or other, in using the facilities; walls, or equipment of Frontier Climbing Fitness; personal health problems, physical conditions, or other personal areas of concern; individual or collective negligence of the owners, employees, or volunteer assistants, other climbers, visitors, or persons who may be present acting in an individual capacity; negligence or lack of adequate training of any person who seek to assist with medical or other help. I have been warned and am aware of these and numerous other inherent risks in using the Frontier Climbing Fitness facilities, climbing walls, and equipment. I fully and voluntarily assume complete responsibility for those risks and for the injuries that may occur as a result of those risks even if injuries occur in a manner that is not foreseeable at the time that I sign this agreement. In consideration of my using or observing the Frontier Climbing Fitness, I, the undersigned, agree to release from liability, discharge, and promise not to sue indemnified parties.
I acknowledge that this waiver shall remain in effect and valid during my membership and/or participation with Frontier Climbing Fitness and for 1 year from the date of signage, unless expressly revoked by the participant, or parent or guardian of a minor, with written receipt by Frontier Climbing Fitness.
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In consideration of me being permitted to participate in any way in the CrossFit Phós strength and conditioning activities, I agree that:
1. Representations
I understand the nature of CrossFit strength and training activities and believe I am qualified to participate in such activity. This agreement includes your release of all trainers, employees, interns or independent contractors from responsibility for injury, damage, or death to yourself because of those acts or omissions claimed to be related to the ordinary negligence of these persons. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity. [initial]
2. Express Assumption of All Risks
I FULLY UNDERSTAND that: (a) Strength & Conditioning and Personal Training Activities involve risks and dangers of SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“Risks”); (b) these Risks and dangers may be caused by my own actions, or inaction’s, the actions or inaction’s of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES incurred as a result of my Participation in the Activity. [initial]
3. Agreement and Release of Liability
In consideration of being allowed to participate in the activities and programs of CrossFit Phós and to use its equipment and machinery in addition to the payment of any fee or charge, I do hereby waive, release, and forever discharge CrossFit Phós and its owners, agents, employees, representatives, administrators, interns, independent contractors, and all others form any and all responsibilities or liability from injuries or damages resulting from my participation in any activities or my use of equipment or machinery in the above mentioned activities. I also hereby release all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage to myself, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with my participation in any activities associated with CrossFit Phós. This provision shall apply to ordinary acts of negligence but shall not apply to gross acts/omissions of negligence, willful or wanton acts/omissions, or those of an intentional/criminal nature. [initial]
4. Photography Release
I hereby authorize CrossFit Phós, hereafter referred to as “Company,” to publish photographs taken of me and my name and likeness, use in print, online, and video-based marketing materials, as well as other Company publications. I hereby release and hold harmless the Company from any reasonable expectation of privacy or confidentiality associated with the images. I further acknowledge that my participation is voluntary and I will not receive financial compensation associated with these photographs. [initial]
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND IT’S TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THAT THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT..
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Name of Adult Participant and/or Parent or Legal Guardian of Minor:
Full Name and Birth Date of family members under the age of 18
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