CrossFit Azimuth Liability Waiver (8055)
Please understand that despite all the precautions that you, other members, and/or COMPANY may take, we cannot guarantee your health or safety, and you may still be exposed to COVID-19, including through interactions with other individuals who have COVID-19. By executing this release and gaining access to the facility, you, on behalf of yourself, your heirs, beneficiaries, representatives, successors and assigns: (1) voluntarily assume all risks associated with any exposure to COVID-19, including, but not limited to suffering any type of medical condition, illness and, potentially, death; and (2) knowingly and voluntarily waive, release, covenant not to sue, forever discharge, indemnify, and hold harmless COMPANY, its parents and subsidiaries and their respective officers, directors, employees, contractors, agents, representatives, successors and assigns (“Released Parties”) from any and all liability, damages, losses, suits, demands, causes of action to the fullest extent permitted by the laws of this state, or any other claims of any nature whatsoever, arising out of or relating in any way to your use of the facility and your potential exposure to COVID-19.
In consideration of being permitted to participate in any or all activities (the “Activities”) offered by CrossFit Azimuth, You HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT not to sue CrossFit Azimuth, its owners, officers, officials, members, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the activities (hereinafter “Releasees”), with respect to any and all injury, disability, death, claims, causes of action, damage judgments, costs or expenses (including attorney fees), or the loss or damage to person or property associated with undersigned’s presence or participation in any Activities organized by CrossFit Azimuth, including any injury or damage to undersigned’s person or property, or to that of any other person or property, to the fullest extent permitted by law. You assume all liability and waive any future claims by personal representatives, heirs and next of kin for any and all loss, damage, injury, or death. IN SIMPLE TERMS, You will not be able to sue or hold liable CrossFit Azimuth and/or its officers, directors, employees, members, subsidiaries, agents, successors, managers, and volunteers for any damages or injuries, including injuries resulting in whole or in part from CrossFit Azimuth’s agents’ negligence or misconduct. YOU PARTICIPATE AT YOUR OWN RISK. YOU AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees for any loss, liability, damage, or cost they may incur due to You participating in the Activities. You understand that this release, discharge, waiver, and covenant not to sue CrossFit Azimuth covers any and all claims that relate to or arise from Your participation in the Activities. MEDICAL RELEASE: YOU HEREBY ASSUME FULL RESPONSIBILITY FOR THE RISK OF BODILY INJURY, DEATH, OR PROPERTY DAMAGE both seen and unforeseen while in any way participating in the Activities. You warrant that you have the requisite skills and physical and mental ability to participate in the Activities. You attest and verify that you have consulted with a physician within the last year, before starting to participate in the Activities, and you agree to maintain regular consultations with a physician. You understand and agree that CrossFit Azimuth bears no responsibility whatsoever for your physical or mental health. You further represent that you are in good physical condition and do not possess, nor are aware of, any physical or mental disability that might limit your participation in any of the Activities offered by or at CrossFit Azimuth. Further, you understand and agree to advise CrossFit Azimuth staff whenever you feel you are unable to continue your participation due to health concerns. You also understand that participation in the Activities may leave you vulnerable to the reckless actions of other participants who may not have complete control over their actions or who may not be aware of others around them. You are voluntarily participating in the Activities with knowledge of the risks involved and hereby agree to accept any and all inherent risks of property damage, personal injury, or death associated with the Activities. You further expressly agree that in the Activities of a medical emergency, You consent to medical treatment if You are physically unable to consent to such treatment. You will be responsible for any medical or other costs incurred resulting from illness and/or claims or damages arising out of personal injury of any kind. You also understand that You will not be permitted to participate in Activities without executing this Release and Waiver. As a condition of your participation in the Activities, You grant CrossFit Azimuth and its owners, officers, officials, members, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the Activities perpetual and non-revocable permission to use Your name, photographs and video in which Your image and likeness appears in connection with my participation in 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 CrossFit Azimuth or any Activities at or related to CrossFit, including any advertisements or media and electronic displays and transmissions thereof (“Likeness Rights”). You release CrossFit Azimuth and its owners, officers, officials, members, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the Activities 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 Your likeness, image, character or persona; violation of Your right of publicity or privacy; and for copyright or moral rights infringement, defamation, or being cast in a bad light. In the event that any provision of this release and waiver of liability and indemnity agreement is held invalid or unenforceable, the invalidity or unenforceability of such provision will not affect the remaining provisions of agreement, which shall continue to be enforceable. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by laws of the State of Texas. It is agreed that this release shall continue in full legal force and that undersigned waives any protection afforded by any statute or law whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims which the person giving the release does not know of or suspect at the time of executing the release. YOU HAVE READ AND VOLUNTARILY SIGN THIS RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, and You agree that you are 18 years of age or older and that no oral representation, statements or inducements apart from the foregoing written agreement have been made.
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