WAIVER AND RELEASE FROM LIABILITY
I the Participant, or the Participant’s parent or legal guardian if Participant is under the age of 18 years, have requested the use of Amarillo CrossFit, LLC (DBA: Amarillo Strength & Conditioning) facilities and/or equipment, or the purchase or provision of lessons, instruction and/or training related to weightlifting, powerlifting, olympic weightlifting, gymnastics, plyometrics, calisthenics, running, swimming, rowing, biking, climbing, jumping, throwing, hitting, diet, nutrition, injury prevention, rehabilitation, prehabilitation, and/or activities incidental thereto individually and collectively (“Training Activities”) and the use of equipment and facilities at 4612 Maverick St, Amarillo, TX 79109 and/or any public or private location (collectively “Facilities and Equipment”). I understand and acknowledge that serious disabilities, illness (to include “exertional rhabdomyolysis”), death, accidents and injuries can occur during Training Activities at the Facilities and/or through the use of the Facilities and Equipment in which those Training Activities are held, whenever or however they occur and for such period said activities may continue. I further understand and acknowledge that attending, participating in, volunteering at or spectating Training Activities may require me to perform strenuous activities, or to be exposed to activities, conditions, individuals, equipment or events which have potential to cause death, illness, serious injury, disability, or property loss. Knowing the risks inherent in, and connected with these Training Activities, conditions, equipment or events, and with the full understanding of the activities I will be performing, on behalf of myself, my executors, administrators, heirs, successors, assigns, and next of kin, I HEREBY FULLY ASSUME THE RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY INHERENT IN, AND/OR IN ANY WAY CONNECTED WITH, ATTENDING, PARTICIPATING IN, AND SPECTATING AN AMARILLO STRENGTH & CONDITIONING OR OTHER TRAINING ACTIVITIES AT THE FACILITIES EVEN IF ARISING FROM THE NEGLIGENCE OF OTHER PERSONS EXECUTING A SIMILAR WAIVER AND RELEASE FROM LIABILITY.
I understand that I will not be permitted to Participate in Training Activities without executing this Waiver and Release. As a condition of my Participation in Training Activities, I grant Amarillo CrossFit, LLC (DBA: Amarillo Strength & Conditioning), and its employees, members, partners, officers and agents perpetual and non-revocable permission to use my name, photographs and video in which my image and likeness appears in connection with my Participation in Training Activities and further grant permission to display, publish, distribute, use, print and reprint such images and likeness, and the right to employ such images or likeness in advertising and promotions relating thereto or to Amarillo CrossFit, LLC (DBA: Amarillo Strength & Conditioning) or any activities at or related to Amarillo CrossFit, LLC (DBA: Amarillo Strength & Conditioning) including any advertisements or media and electronic displays and transmissions thereof (herein “Likeness Rights”). I release Amarillo CrossFit, LLC (DBA: Amarillo Strength & Conditioning) and its employees, members, partners, officers and agents from any and all liability for damages for use in any manner or media of the Likeness Rights, and waive any and all claims and causes of action for damages for use of the Likeness Rights, including but not limited to: unauthorized use of my likeness, image, character or persona; violation of my right of publicity or privacy; and for copyright or moral rights infringement, defamation, or being cast in a bad light.
I understand and agree that this Agreement is a full and final release covering all known and unknown and unanticipated injuries, debts, claims or damages to him/her that have arisen or may have arisen from any matters, acts, omissions or dealings released in this agreement, including but not limited to the use of the photographs and Likeness Rights. The undersigned acknowledges that he/she is aware that he/she may hereafter discover facts in addition to, or different from, those which he/she now knows or believes to be true, but it is his/her intention hereby, fully and finally and forever, to settle and to release any and all matters, disputes and differences, known or unknown, suspected or unsuspected, that do now exist, may exist or heretofore have existed with respect to those matters described herein. I expressly waive and relinquish any and all rights or benefits that I may now have, or in the future may have as to these matters released herein, under the terms of Section 1542 of the California Civil Code and any similar law of any state or territory of the United States. Said section provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
I KNOWINGLY RELEASE, INDEMNIFY, HOLD HARMLESS, AND DISCHARGE FROM ALL CLAIMS OF NEGLIGENCE, GROSS NEGLIGENCE, AND STRICT LIABILITY RELATED TO THE USE OF THE FACILITIES AND EQUIPMENT AND ANY TRAINING ACTIVITIES FOR THE FOLLOWING PERSONS AND ENTITIES: The City of Amarillo; The Aasgaard Company; Maverick Shops, LLC located at 4612 Maverick St, Amarillo, TX 79109, and/or its Board, Members, Owners and/or Tenants; Amarillo CrossFit, LLC (DBA: Amarillo Strength & Conditioning); and the officers, members, directors, employees, representatives, independent contractors, family members, and agents (“Releasees”) of any and all of the above in connection with any claim arising from or in any way connected with my Participation in Training Activities at the Facilities and/or use of the Equipment, whenever or however they occur and for such period said activities may continue. I AGREE NOT TO BRING ANY CLAIM AGAINST RELEASEES, which claims concern in any way death, injury, damage, or loss of any type or nature, which arise out of, are related to, or are in any way connected with attending, participating in, volunteering at or spectating of Training Activities, and/or which arise out of or are connected in any way with my use of, or my presence at the Facility(ies) at which (those) activities held, whether injury, death or disability, loss or damage is caused in whole or in part by negligence, gross carelessness, or other acts or failure to act of those persons or entities.