LATITUDE 35 FITNESS, D.B.A. LATITUDE 35 CROSSFIT
PLEASE NOTE: This waiver of Liability, Release, Acknowledgement of Risk, and Indemnification Agreement ("Waiver Agreement”) is intended to be, and is, legally binding.
If any aspect of this Waiver Agreement requires clarification, have a Latitude 35 Fitness employee fully explain it before signing. By signing the Latitude 35 Fitness "General Waiver” you are agreeing to all terms set forth in this Waiver Agreement. You and/or the person on whose behalf you are signing, are waiving the right to bring any type of action, whether in court or otherwise, to recover compensation or obtain any other remedy for any personal injuries, damages to property, any accident or incident of any type, or death, arising out of or related to your use of Latitude 35 Fitness, its facilities, grounds, exercise areas, classes, equipment, whether the use is supervised or unsupervised. While Latitude 35 Fitness offers these activities in a controlled environment, there is still an assumed risk of injury to persons using Latitude 35 Fitness. In agreeing to this Waiver Agreement, I hereby acknowledge, understand, and agree on my behalf, and upon behalf of the person for whom I am signing, that the use of Latitude 35 Fitness, its facilities, equipment, classes and/or participating in activities sponsored by Latitude 35 Fitness, have inherent risks. These risks include, but are not limited to, any injury of damage resulting from:
Negligence of employees, volunteer assistants, independent contractors of Latitude 35 Fitness. Negligent misuse of the facility, or equipment of Latitude 35 Fitness; falling off or impacting against the walls, impact surface, floors, or anything else; rope abrasion, entanglement or other activities occurring on the premises; cuts or abrasions resulting from any cause whatsoever; failure of the equipment, whether inside or outside; personal health problems, whether mental or physical; negligence of other members, visitors, or observers or persons who may be present in or around the area or facility; and/or negligence or lack of adequate training of any person(s) who seek to assist with medical or other help either before or after any injury or damage may occur.
LATITUDE 35 FITNESS AGREEMENT AND RELEASE OF LIABILITY
1. In consideration of being allowed to participate in the activities and programs of Latitude 35 Fitness, and to use its facilities, equipment and machinery in addition to the payment of any fee or charge, I, for myself, my heirs and assigns, hereby waive, release, and forever discharge Latitude 35 Fitness, and their officers, agents, employees, representatives, executors and all others from any and all, responsibilities or liability from injuries or damages resulting from my participation in any activities or my use of equipment, classes, or machinery in the above mentioned activities. I do hereby release all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage to myself, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with my participation in any activities of Latitude 35 Fitness or the use of any equipment at Latitude 35 Fitness.
2. I understand and am aware that, fitness activities including the use of the equipment, are all potentially hazardous activities. I also understand that fitness activities involve a risk of injury or even death, and that I am voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers involved. I hereby to expressly assume and accept any and all risks of injury or death.
3. I do hereby declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation or use of equipment, or machinery except as herein stated. I acknowledge that I have either had a physical examination and been given my physician’s permission to participate, or that I have decided to participate, in the activity of fitness and the use of the equipment, and machinery without the approval of my physician and do hereby assume all responsibility for my participation and activities, and utilization of equipment and machinery in my activities.
4. Please understand that despite all the precautions that you, other members, and/or Latitude 35 Fitness 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.
I hereby give permission for images of myself, captured during regular and special activities through video, camera and digital camera to be used solely for the purposes of Latitude 35 Fitness or Latitude 35 Fitness promotional material, publications and website, and waive any rights of compensation or ownership thereto.
Parent and/or Guardian must read and acknowledge below for minors:
AGREEMENT AND RELEASE OF LIABILITY
In consideration of having Latitude 35 Fitness allow my child, who is under the age of 18 to participate in the activities and programs of Latitude 35 Fitness, including but not limited to CrossFit, CrossFit Kids, and the use of any equipment, I hereby for my child’s heirs, executors, administrators, and or assigns, waive and release any and all rights and claims of any nature my child may have against Latitude 35 Fitness, its officers, employees, agents, chapters, assignees, licensees, and cooperating entities, their representatives, heirs, executors, administrators, successors, and assigns for and against any and all injuries or damages of any nature my child may suffer while taking part in any activities connected with Latitude 35 Fitness. This release and consent shall be binding upon my child’s heirs, executors, administrators, and/or assigns.
I hereby give permission for images of my child, captured during regular and special activities through video, camera and digital camera to be used solely for the purposes of Latitude 35 Fitness or Latitude 35 Fitness promotional material, publications and website, and waive any rights of compensation or ownership thereto. Last names of minors will not be given or posted on the web site.