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 Diamond State (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 Delaware contract and User consents to the exclusive jurisdiction and venue of New Castle County, Delaware 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: ___________________________________
If the participant is under the age of 18, Signature of Parent/Guardian:
Parent/Guardian Signature: _________________________________ Date: __________________________