STATE OF TEXAS
CONSENT, WAIVER, RELEASE & INDEMNITY AGREEMENT
1.0) As part of the consideration for the agreement with Amarillo CrossFit, LLC (DBA: Amarillo Strength & Conditioning, “AS&C”), I (“Participant”) represent, and promise to AS&C that:
1.1) I, (“Participant”), or Participant’s parent or legal guardian if the Participant is under the age of 18 years, request the use of AS&C’s facilities and/or equipment, or the purchase or provision of lessons, instruction and/or training, including but not limited to, use of barbells, use of free weights, 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”/”Training”) 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”).
1.2) I understand that I am prohibited from participating in Training Activities without executing this Consent Waiver, Release, & Indemnity Agreement
and returning it to AS&C. The representations in this agreement shall be construed as evidence of my informed consent.
1.3) I had opportunity to ask questions about training facilities, equipment, safety, and injury prevention. I will obey warnings posted on any side of any of the doors, on equipment, by email, warnings written on any of whiteboards in the gym, text messages, emails, social media posts, verbal warnings from AS&C, members, or any other method. If I participate without seeking instructions or I participate without immediate supervision, my participation shall be deemed as actual refusal of instruction and deliberate reliance on solely my own experience, knowledge, training, expertise, and education. AS&C owes me no duty relating to facilities and equipment for competitions and events sanctioned, organized, ran, or held by another party or at another venue. I inspected the Facilities and Equipment to my satisfaction, before each instance of training. I deliberately chose whether or not to use safety measures or safer alternatives. Any use of facilities or equipment, individually or in combination, shall be construed that I had opportunity to inspect, ask questions, consult with AS&C, refuse to use the facilities or equipment, I was actually aware of any defect, and that I waived opportunity to resolve any doubts, suspicions, concerns, or uncertainty regarding conditions of equipment and facilities.
1.4) I understand and acknowledge that attending, participating in, volunteering at or spectating Training Activities may involve me performing strenuous activities, or directly or indirectly exposed to activities, conditions, individuals, equipment or events which may foreseeably cause weight loss, weight gain, disability, death, illness, minor injury, serious injury, or property loss. I understand acknowledge, and anticipate that: 1) “injury” includes, but is not limited, to loss of consciousness, falls, head trauma, concussion, over exertion, “exertional rhabdomyolysis”, sprains, strains, hernias, spinal injury, full and partial paralysis, death, and 2) accidents and injuries may occur during Training Activities at the Facilities,
1.5) I WILL HOLD AS&C HARMLESS, QUIT, AND WAIVE ANY CLAIM, CAUSE OF ACTION, LIABILITY, RECOVERY, OR DAMAGES ARISING FROM OR RELATING TO THE ACTIVITIES AND SIMILAR ACTIVITIES CONTEMPLATED IN THIS AGREEMENT.
1.6) I am in the superior position to mitigate injury, mitigate severity of injury, and decide my needs for medical advice, evaluation, diagnosis, and treatment. I have superior knowledge and access to knowledge relating to factors that may increase the likelihood and severity of injury, including my: ability to participate, general health, past and current condition, and any acute conditions. I was advised to and had opportunity to consult with my healthcare providers, before executing this agreement and before participation in training activities. I shall rely solely on my healthcare provider for examination, diagnosis, or treatment. I will not participate in training activities, including spotting, if I believe or have reason to believe that I am currently injured or I am likely to be injured. I am responsible for the aggravation or re-injury of any preexisting condition, whether the condition is known or unknown.
1.7) I have not and shall not rely on AS&C for medical advice, diagnosis, examination, or treatment. I acknowledge that AS&C is not a healthcare provider. If I am a beginner/beginning lifter, unless I am under immediate supervision, when possible I will lift inside of a rack and use rack safety pins set an appropriate height to prevent being trapped and/or crushed and to prevent equipment from falling on me.
1.8) I am not required to “spot”. I will decline to be a spotter if I believe or have reason to believe that I am unable to safely spot. Spotters are intended for encouragement only, and not as a substitute or replacement of safety equipment. Use of a spotter does not diminish the participant’s standard of care contemplated by this document. “Spotting” includes but is not limited to critiquing performance and providing light assistance for unracking/re-racking or in the event a lift appears to fail.
1.9) I understand that failure to perform Training Activities in accordance with the representations contemplated in this document, instructions, or safety guidelines shall be deemed and construed as the chief contributing factor or as the sole proximate cause of any resulting injury.
1.10) I participate knowing that I may decline participation at any time, for any reason, or for no reason. My participation in training activities shall be construed as if I knowingly and deliberately 1) chose the amount, nature, and intensity of my participation, and 2) disregarded any indications, signs, counsel, or advisement against participation in Training.
1.11) I will, immediately after use, return equipment to appropriate storage.
1.12) I understand that several other members use the facility and equipment and that the ways and methods of use will cause frequent constant changes in the placement and condition of facilities and equipment including walking areas. I acknowledge and accept that equipment may be used or left in places that may create hazardous obstacles to movement. I surrender, waive, and forever quit any cause of action slip/trip and fall injuries. Further, I surrender, waive, and forever quit any legal or equitable rights or remedies to enforce any award for damages arising from slip/trip and fall injuries. I will immediately report any harassment, bullying, or abuse of myself or other members occurring at AS&C facilities to AS&C.
2.0) I acknowledge the risks inherent in, and connected with these Training Activities, conditions, facilities, 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. 2.1) IF I AM ADJUDICATED IN BREACH OF THIS AGREEMENT, IN WHOLE OR PART, I SHALL BE BARRED FROM RECOVERY AGAINST AS&C FOR ANY AND ALL REMEDIES INCLUDING FOR COMPENSATORY DAMAGES, PUNITIVE AWARDS, COSTS, INTEREST, OR ATTORNEY FEES.
3.1) I grant AS&C non-revocable permission: 1) to use my name, photographs and video in which my image and likeness appears in connection with my Participation in Training Activities, 2) to display, publish, distribute, use, print and reprint such images and likeness, and 3) to employ such images or likeness in advertising and promotions relating thereto or to AS&C or any activities at or related to AS&C including any advertisements or media and electronic displays and transmissions thereof (herein “Likeness Rights”).
3.2) I release AS&C 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.
3.3) I acknowledge that I am aware that I may hereafter discover facts in addition to, or different from, those which I now knows or believes to be true, but it is my 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.
3.4) 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.
4.0) I must obtain written permission before inviting or bringing a child, a minor, guest, or visitor to the facility. Any person I bring must sign a waiver, release, indemnity agreement. I am responsible for the conduct and well-being of the persons I invite or bring and I assume liability for the protection of the persons I invite or bring. I will defend and indemnify AS&C against all suits, claims, and liability asserted by or on behalf of said child, minor, guest, or visitor against AS&C.
5.0) 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 Aasgaard Company; Wichita Falls Athletic Club; Maverick Shops, LLC located at 4612 Maverick St, Amarillo, TX 79109, and/or its Board, Members, Owners and/or Tenants; AS&C; 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.
5.1) I AGREE TO NOT BRING ANY CLAIM AGAINST RELEASEES, including claims concerning 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. Any claims contemplated by this agreement may be asserted against only Amarillo CrossFit, LLC. This agreement shall be construed under Texas law. For matters not addressed by this contract, Texas law applies.
6.0) My use of digital initials, digital signature, or electronic signature shall be construed as a initials or signature by my own hand.
6.1) I will not alter terms of this document, without receiving prior written consent from AS&C owners. Rights and remedies under this agreement are not transferable. If any clause or portion of this agreement is adjudicated void or unenforceable, the necessary minimum language shall be omitted from the agreement and the remainder of the agreement shall be enforced. Terms in this agreement shall be read with their ordinary definition and meaning, unless otherwise defined herein. The numbering of paragraphs is for nominal purposes only and shall be construed with no other meaning. Any modification of this agreement must be in writing, signed by both parties, and supported by independent consideration. Any claim relating to or contemplated by this agreement shall be submitted to arbitration under American Arbitration Association rules and brought in Randall County, Texas.
6.2) AS&C has not and does not promise or guarantee any specific or particular outcome from my participation. I will obey AS&C warnings about unsafe use of facilities, equipment, or training.
6.3) AS&C shall mean its, members, partners, officers, owners, operators, agents, and employees, individually and collectively.
6.4) This agreement, all gym rules, and postings shall
1) be construed as a single agreement,
2) renew together,
3) be construed and enforced as a contract, and
4) be construed as the entire and exclusive agreement between the parties.
7.0) I ACKNOWLEDGE THAT THIS DOCUMENT CONTEMPLATES IMPORTANT LEGAL RIGHTS AND REMEDIES. I READ THIS DOCUMENT. I UNDERSTAND ITS CONTENTS AND I AGREE TO BE BOUND THEREBY. IF I AM UNDER THE AGE OF EIGHTEEN YEARS, MY PARENT/GUARDIAN HAS READ AND COMPLETED THE SECTION BELOW.