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Waiver and Release of Liability
Express assumption of risk: I, the undersigned, am aware that there are significant risks involved in any physical training regimen. These risks include, but are not limited to: falls which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment.
Injury may also result simply from the fact of physical training itself. By its very nature, physical training seeks to have me push beyond my physical and mental limits in order to produce a physical adaptation by my body. This requires feedback from me to my trainer regarding what is happening with my body. Excessive work can result (in rare cases) in exertional rhabdomyolosis. I should look for signs of excessive soreness, darkened urine, and pain in the kidney areas in the days following a particularly intense workout. While this type of injury is rare, it can occur due to a number of factors, including (but not limited to) genetic predisposition, medication, or other factors that are beyond the control of my trainer.
I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while training with MagMile CrossFit.
I, the undersigned acknowledge that I have no physical condition, illness, or impairment that I know of that will endanger myself or others.
Release: In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities available at MagMile CrossFit, I, the undersigned hereby release CrossFit, Inc., its officers and directors, and MagMile CrossFit, their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties.
This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with MagMile CrossFit 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.
Indemnification: The participant recognizes that there is risk involved in the types of activities offered by MagMile CrossFit. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorneys 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 CrossFit, Inc. and MagMile CrossFit, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by MagMile CrossFit.
Photo/Video Release: I hereby grant MagMile CrossFit permission to use my photograph/video image in any and all publications for CrossFit, Inc. or MagMile CrossFit, including on their websites or publications, without payment or any other consideration in perpetuity.
I hereby authorize MagMile CrossFit to edit, alter, copy, exhibit, publish or distribute all photos and images. I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my photo appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph or video images.
I hereby hold harmless and release and forever discharge MagMile CrossFit from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf of on behalf of my estate which may have or may have by reason of this authorization.
I am competent to contract in my own name. I have read this release, and I fully understand the contents, meaning, and impact of this release.
I have read and understood the foregoing assumption of risk, and release of liability 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 understand that by signing this form I am waiving valuable legal rights.
If the participant is under the age of 18, a parent or legal guardian must sign this document.
MagMile CrossFit Membership Agreement
1. Agreement: This Agreement is between MagMile CrossFit and the individual electronically signing this document hereafter referred to as Member. This Agreement is entered on the date tracked by the electronic signature via Zen Planner.
2. Memberships: Member agrees that they are entering a contract for membership at MagMile CrossFit as specified herein. Member agrees that they are liable for membership dues for the entire term as set forth in this Agreement in the amounts stated on Zen Planner regardless of usage or any change of circumstance.
3. Unlimited Monthly Auto Pay Memberships: Unlimited monthly auto pay memberships are paid on the first day of each month. New memberships are prorated for the first month and regular monthly dues apply thereafter with payments made the first day of each month. Membership dues are paid by monthly automatic electronic payment (credit card, debit card, or automatic checking account draft). Member agrees that this membership will automatically renew each month unless cancellation is provided by thirty-day (30) day written notice in accordance with Paragraph 6 of this Agreement.
4. Prepaid Memberships and Specialty Events/Courses: Member agrees that all prepaid memberships and any specialty events/courses are a non-refundable, non-transferable, one-time payment. Prepaid memberships expire twelve (12) months from the date of purchase.
5. Punch Cards: Member agrees that all punch cards are non-refundable, non-transferrable and expire twelve (12) months after issuance.
6. Membership Cancellation: Member may cancel an auto pay membership with at least thirty (30) day notice by emailing info@magmilecrossfit.com. No other methods of notice of cancellation shall be valid.
7. Membership Hold Policy: MagMile CrossFit does not allow membership holds for any memberships.
8. EFT Authorization: Member authorizes MagMile CrossFit to transfer electronic funds on a recurring basis from the checking, savings, or credit card account specified above for membership dues. This authorization is to remain effective until MagMile CrossFit has collected for all charges assessed in connection with the terms and conditions of this Agreement. Furthermore, it is Members responsibility to ensure that all payment information provided is valid and up to date.
9. Insufficient Funds/Declined Credit Card Fees: Member agrees that if MagMile CrossFit is unable to collect membership fees due to insufficient funds, a returned check or declined credit card/debit card this will result in a fee of $25. Membership fees must be paid on or before the first day of the month. Members who are not current will not be allowed to participate in classes after the third day of the month.
10. Non-Transferable: Member agrees that memberships, membership benefits and any class purchases are exclusive to Member and are in no way transferable and may not be shared with any other individual.
11. Termination Policy: Members who do not observe MagMile CrossFits rules and regulations or who abuse equipment in any fashion will be asked to leave. The management reserves the right to terminate membership to anyone who refuses to observe any of MagMile CrossFits rules or regulations. Not all rules and regulations are listed in this agreement. MagMile CrossFit reserves the rights to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by MagMile CrossFit.
12. Right to Modify Fees: Member agrees that MagMile CrossFit has the right to modify membership fees and shall provide Member with thirty (30) day notice of any intention to do so.
13. Photo/Video Release: Member agrees that MagMile CrossFit or any party designated by MagMile CrossFit may photograph or film member while on the premises of MagMile CrossFit and use of any and all such photos, video footage and/or video streaming for promotion, sales, publicity and advertising purposes for all media, including, but not limited to, the internet.
14. Lost Articles: MagMile CrossFit assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after thirty (30) days will be donated to charity or thrown away.
15. Damages: Members shall pay for any damages to MagMile CrossFit property which results from the willful or negligent conduct of member, members guest or dependent children.
16. Member Health Warranty: Member represents that he/she is in good health and has no disability, impairment, injury, disease or ailment preventing him/her from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of use of MagMile CrossFits facilities in any manner. Furthermore, member expressly understands that they are engaging in strenuous exercise that will place them at risk of injury. Member hereby agrees that engaging in any activity associated with MagMile CrossFit is done so at their own risk and that each Member is fully responsible for their health and wellbeing as well as determining their readiness for such programs.
17. Waiver: Member hereby waives any and all claims, liability and damages he/she may now or in the future have against MagMile CrossFit, its directors, officers, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns, arising by any means whatsoever, including, but not limited to death, injury, damages to or loss to his/her person or property of any kind whatsoever, no matter how caused arising from or in connection with his/her participation in the Classes, however caused.
18. Miscellaneous:
(a) This Agreement contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, on whole or in part, only upon prior written consent of all parties.
(b) Member has read, and fully agrees to the term of this Agreement and understands and agrees that by signing this Agreement, member has given up considerable future legal rights. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member certifies and warrants that he/she is 18 years of age or older and mentally competent to enter into this Agreement.
In witness whereof, Member has executed this Membership Agreement and the above terms, as of {Today}.
MagMile CrossFit Membership Agreement
1. Agreement: This Agreement is between MagMile CrossFit and the individual electronically signing this document hereafter referred to as Member. This Agreement is entered on the date tracked by the electronic signature via Zen Planner.
2. Memberships: Member agrees that they are entering a contract for membership at MagMile CrossFit as specified herein. Member agrees that they are liable for membership dues for the entire term as set forth in this Agreement in the amounts stated on Zen Planner regardless of usage or any change of circumstance.
3. Unlimited Monthly Auto Pay Memberships: Unlimited monthly auto pay memberships are paid on the first day of each month. New memberships are prorated for the first month and regular monthly dues apply thereafter with payments made the first day of each month. Membership dues are paid by monthly automatic electronic payment (credit card, debit card, or automatic checking account draft). Member agrees that this membership will automatically renew each month unless cancellation is provided by thirty-day (30) day written notice in accordance with Paragraph 6 of this Agreement.
4. Variable Monthly Membership: 12 Month contract, $25 per month, charged on the date of the initial membership purchase, visitation charges are processed the day following the attendance, Open Gym Attendance $10 Per visit billed automatically on the following day of attendance / Separate from the $25 membership charge Class Attendance $15 Per visit Billed automatically on the following day of attendance / Separate from the $25 membership charge. Ending the variable membership prior to its 12 month conclusion will incur a $150 cancelation fee, billed on the date of the cancelation request.
5. Prepaid Memberships and Specialty Events/Courses: Member agrees that all prepaid memberships and any specialty events/courses are a non-refundable, non-transferable, one-time payment. Prepaid memberships expire twelve (12) months from the date of purchase.
6. Punch Cards: Member agrees that all punch cards are non-refundable, non-transferrable and expire twelve (12) months after issuance.
7. Membership Cancellation: Member may cancel the month to month auto pay membership (does not apply to the variable month to month membership) with at least thirty (30) day notice by emailing info@magmilecrossfit.com. No other methods of notice of cancellation shall be valid.
8. Membership Hold Policy: MagMile CrossFit does not allow membership holds for any memberships.
9. EFT Authorization: Member authorizes MagMile CrossFit to transfer electronic funds on a recurring basis from the checking, savings, or credit card account specified above for membership dues. This authorization is to remain effective until MagMile CrossFit has collected for all charges assessed in connection with the terms and conditions of this Agreement. Furthermore, it is Members responsibility to ensure that all payment information provided is valid and up to date.
10. Insufficient Funds/Declined Credit Card Fees: Member agrees that if MagMile CrossFit is unable to collect membership fees due to insufficient funds, a returned check or declined credit card/debit card this will result in a fee of $25. Membership fees must be paid on or before the first day of the month. Members who are not current will not be allowed to participate in classes after the third day of the month.
11. Non-Transferable: Member agrees that memberships, membership benefits and any class purchases are exclusive to Member and are in no way transferable and may not be shared with any other individual.
12. Termination Policy: Members who do not observe MagMile CrossFits rules and regulations or who abuse equipment in any fashion will be asked to leave. The management reserves the right to terminate membership to anyone who refuses to observe any of MagMile CrossFits rules or regulations. Not all rules and regulations are listed in this agreement. MagMile CrossFit reserves the rights to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by MagMile CrossFit.
13. Right to Modify Fees: Member agrees that MagMile CrossFit has the right to modify membership fees and shall provide Member with thirty (30) day notice of any intention to do so.
14. Photo/Video Release: Member agrees that MagMile CrossFit or any party designated by MagMile CrossFit may photograph or film member while on the premises of MagMile CrossFit and use of any and all such photos, video footage and/or video streaming for promotion, sales, publicity and advertising purposes for all media, including, but not limited to, the internet.
15. Lost Articles: MagMile CrossFit assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after thirty (30) days will be donated to charity or thrown away.
16. Damages: Members shall pay for any damages to MagMile CrossFit property which results from the willful or negligent conduct of member, members guest or dependent children.
17. Member Health Warranty: Member represents that he/she is in good health and has no disability, impairment, injury, disease or ailment preventing him/her from engaging in active or passive exercise or which would cause increased risk or injury or adverse health consequences as a result of use of MagMile CrossFits facilities in any manner. Furthermore, member expressly understands that they are engaging in strenuous exercise that will place them at risk of injury. Member hereby agrees that engaging in any activity associated with MagMile CrossFit is done so at their own risk and that each Member is fully responsible for their health and wellbeing as well as determining their readiness for such programs.
18. Waiver: Member hereby waives any and all claims, liability and damages he/she may now or in the future have against MagMile CrossFit, its directors, officers, instructors and staff and all persons acting under its authority and their respective heirs, executors, administrators, successors, and assigns, arising by any means whatsoever, including, but not limited to death, injury, damages to or loss to his/her person or property of any kind whatsoever, no matter how caused arising from or in connection with his/her participation in the Classes, however caused.
19. Miscellaneous:
(a) This Agreement contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, on whole or in part, only upon prior written consent of all parties.
(b) Member has read, and fully agrees to the term of this Agreement and understands and agrees that by signing this Agreement, member has given up considerable future legal rights. Member has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member certifies and warrants that he/she is 18 years of age or older and mentally competent to enter into this Agreement.
In witness whereof, Member has executed this Membership Agreement and the above terms, as of {Today}.