LIABILITY
WAIVER, RELEASE, INDEMNIFICATION, and HOLD HARMLESS
I __________________________, ("User”) am of legal
age and enter into this Liability Waiver, Release, and Hold Harmless (the
"Agreement”) voluntarily and knowingly and agree that I have read and
understood all of the terms and conditions contained herein. If I am under the age of eighteen, my parent
and/or legal guardian is signing the Agreement on my behalf and has likewise
read and understands all of the terms and conditions contained herein.
LIABILITY
RELEASE AND WAIVER
In consideration of User's permission to use the facilities owned
and/or operated by CrossFit Steam (the "Gym”), including all common areas of
the building, including, but not limited to, sidewalks, parking lots,
stairways, halls, and locker rooms, User agrees that User shall release, remise
and on behalf of User, User's heirs, successors, and assigns and does hereby
release, remise and forever discharge the Gym, its' officers, directors,
owners, operators, shareholders, attorneys, contractors, consultants, sponsors,
insurance carrier, equipment suppliers, assigns, affiliates, agencies,
volunteers, independent contractors, workmen and/or employees (collectively,
"Employees") of and from any and all liability, cause of action, claim,
demand, right, damage, loss, expense and/or compensation of any nature
whatsoever including but not limited to any claim of negligence or gross
negligence, which User, User's spouse, parents, heirs, successors and assigns
may now have, or in the future shall have against the Gym on account of
personal injury, property damage, death or accident of any kind, the
consequences thereof and the consequential damages therefore, arising out of or
in any way related to User's use of the facilities owned and/or operated by
Gym, whether that use is supervised or unsupervised by the Gym or its'
employees, regardless of how the injury or damage is caused, including, but not
limited to, any acts that are negligent, grossly negligent, willful or wanton
of the Gym and its Employees which may occur in present or future use of Gym’s
facilities and services.
INDEMNIFICATION
AND HOLD HARMLESS
The User recognizes that there is risk involved in
the types of activities offered by the Gym and therefore accepts financial responsibility
for any injury that the User may cause either to him/herself or to any other
participant due to his/her intentional acts, negligent acts, and acts of gross
negligence that are willful or wanton.
Should the above-mentioned parties, or anyone acting on their behalf, be
required to 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 the Gym, their principals,
agents, employees, independent contractors, and volunteers from any and all
liability for the injury or death of any person(s) and damage to property that
may result from my intentional acts, negligent acts, acts of gross negligence
that are willful or wanton while participating in activities offered by the
Gym, at the main building or abroad.
This includes but is not limited to parks, recreational areas,
playgrounds, areas adjacent to main building, and/or any area selected for
training by the Gym.
User acknowledges that he/she
has consulted with a physician prior to using the Gym’s facilities and Gym’s
services. User further acknowledges and
he/she has disclosed to the Gym all injuries and any other physical conditions
that may impair or hinder User’s use of the Gym’s facilities and services
offered by the Gym. User agrees to
follow all safety rules and instructions of the Gym and agrees to immediately
notify Gym of any conduct or condition that may cause injury or harm to User or
others.
This release is a New Jersey contract and User consents
to the exclusive jurisdiction and venue of Bergen County, New Jersey for any
action relating to this Release, regardless of User's residence or
domicile. If any portion of the
Agreement is held invalid, I agree that the remainder of the agreement shall
remain in full legal force and effect. This Agreement constitutes
the entire understanding and agreement, oral or written, between the parties
concerning the subject matter hereof and shall inure to the benefit of the
parties and their respective successors and assignees. This Agreement may not be modified unless
done so in writing signed by the User and the Gym.
If I am signing on behalf of a minor child, I also
give full permission for any person connected with the Gym to administer first
aid deemed necessary, and in case of serious illness or injury, I give
permission to call for medical and or surgical care for the child and to
transport the child to a medical facility deemed necessary for the well being
of the child.
I have read and understood the foregoing Liability
Waiver, Release, and Hold Harmless 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 further
acknowledge that by signing this document, I am giving up my right to bring a
Court action, now or anytime in the future, in order to recover compensation or
obtain any other remedy for any injury to myself or my property, including your
death however caused, arising out of my voluntary use of the Gym’s facilities
and services. I understand that by
signing this Agreement I am waiving valuable legal rights.
Signature of participant: ___________________________________ Date: _________________________
If
the participant is under the age of 18, Signature of Parent/Guardian:
Parent/Guardian
Signature: _________________________________ Date:
__________________________