Release of Liability, Waiver of Claims, Assumption of Risk, Indemnity Agreement, and Jurisdiction Agreement

BY AGREEING TO THIS WAIVER, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

DEFINITIONS

In this Agreement:

a) The term “ATHLETIC ACTIVITY” or “ATHLETIC ACTIVITIES” includes, but is not limited to:

    • Personal training
    • Fitness classes
    • Team or individual competitions
    • Fitness assessments
    • Use of facilities
    • Observation of athletic activities
    • Olympic lifting
    • Powerlifting
    • Strongman training or competitions
    • Gymnastics
    • Strength conditioning
    • Metabolic conditioning
    • Plyometrics
    • Interval training
    • Bodyweight conditioning
    • Bouldering
    • Rope climbing
    • Macro climbing
    • Stretching
    • Outdoor running on trails or sidewalks
    • Sports and programs
    • Clinics and seminars
    • Kicking, punching and grappling
    • Weapons training
    • Sparring
    • Self-defence training
    • Services provided to the athlete by CLARENCE VALLEY CROSSFIT

b) The term “INJURY” shall refer to all forms of physical, mental and emotional injury in any way related to athletic activities and transportation activities, including but not limited to:

    • Death
    • Breaks
    • Strains
    • Lacerations
    • Dislocations
    • Exercise-induced rhabdomyolysis
    • Heart failure
    • Concussion
    • Frostbite
    • Hypothermia
    • Heat illness
    • Dehydration
    • Trauma
    • Anxiety and fears

CLARENCE VALLEY CROSSFIT and its owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns (hereafter referred to as “CLARENCE VALLEY CROSSFIT”) are not responsible for any death, injury, loss or damage of any kind suffered by any person while using CLARENCE VALLEY CROSSFIT facilities, participating in or watching CLARENCE VALLEY CROSSFIT activities, caused in any manner whatsoever, including but not limited to the negligence of CLARENCE VALLEY CROSSFIT.

I am aware that athletic activities have inherent dangers and risks, including but not limited to the potential for serious personal injury or death caused by any CLARENCE VALLEY CROSSFIT athletic activities or any condition of the facilities or equipment of CLARENCE VALLEY CROSSFIT, including:

a. Transient light-headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain, discomfort, fatigue, nausea, heart failure, exercise-induced rhabdomyolysis, and so forth;

b. All manner of injury resulting from slipping or falling, either roped or unroped, while jumping, skipping, running, walking, lifting, climbing, and impacting against the floor, walls, equipment, other athletes, or any permanent or temporary fixtures or equipment;

c. Abrasion, entanglement, lacerations, bruising, dislocation and other injuries resulting from activities on or near stands, racks, weight bars, pull-up bars, walls, ropes, cargo nets, medicine balls and plyo boxes;

d. Injuries resulting from falling athletes or objects such as weights, dumbbells, bars, medicine balls, ropes and so forth, or by any objects dropped by other persons conducting athletic activities or assisting others;

e. Failure of the equipment, racks, stands, bars, attachments, anchors, ropes and harnesses.

ACKNOWLEDGEMENT AND AGREEMENT

I hereby further acknowledge and agree:

a. That the athletic activities I am participating in require a moderate to high degree of effort, are designed to be high intensity, and are intended to maximally challenge my cardiovascular endurance, stamina, strength, flexibility, speed, power, coordination, agility, balance and accuracy;

b. That I will honestly represent my level of fitness, health, nutrition, use of medication, medical history, and current physical, mental and medical condition to CLARENCE VALLEY CROSSFIT;

c. That although CLARENCE VALLEY CROSSFIT takes steps to reduce the risks and increase the safety of all athletic activities, it is not possible for CLARENCE VALLEY CROSSFIT to make these athletic activities completely safe;

d. That I am personally responsible for my preparation prior to athletic activities, my concentration and attention during these athletic activities, and for my post-activity rest and recovery;

e. That I will learn and obey the rules and regulations of CLARENCE VALLEY CROSSFIT and that I will follow the instructions and directions of CLARENCE VALLEY CROSSFIT during athletic activities;

f. That I will inform CLARENCE VALLEY CROSSFIT immediately should I feel any pain, discomfort, fatigue, nausea or other symptoms that I may suffer during and immediately after athletic activities;

g. That I may stop participating at any time and that I may be directed to stop by CLARENCE VALLEY CROSSFIT should I display noticeable signs of distress;

h. That I consent to receive first aid and medical treatment by CLARENCE VALLEY CROSSFIT in the event of an accident, injury or illness during athletic activity;

i. That CLARENCE VALLEY CROSSFIT may videotape, audiotape or photograph me for instructional and promotional purposes without payment of any kind to me and without further notice to me or permission from me;

j. That I agree to observe and monitor my children or children under my guardianship whilst at CLARENCE VALLEY CROSSFIT. I agree that CLARENCE VALLEY CROSSFIT is not responsible for any death, injury, loss or damage of any kind suffered by children under my responsibility whilst at the facility;

k. I agree that for any changes, holds or cancellations, I will provide CLARENCE VALLEY CROSSFIT with at least two weeks' notice. Additionally, I acknowledge that holds may only be requested for a minimum of two weeks, and the approval of such requests remains at the discretion of the staff.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of CLARENCE VALLEY CROSSFIT allowing me to participate in CLARENCE VALLEY CROSSFIT Athletic Activities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

1. WAIVER AND RELEASE

TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against CLARENCE VALLEY CROSSFIT (BOSS MAMAS CAZ AND MIZ TRUST) and their owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns (all of whom are hereinafter referred to as the “RELEASEES”) and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer as a result of my participation in climbing and transportation activity, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ATHLETIC ACTIVITIES;

2. THIRD-PARTY LIABILITY

TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Athletic Activities;

3. MEDICAL AND LEGAL COSTS

TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any costs they may incur for medical costs, emergency transportation and litigation resulting from my participation in Athletic Activities;

4. BINDING AGREEMENT

That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;

5. GOVERNING LAW

This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of NSW Australia and no other jurisdiction;

6. JURISDICTION

Any litigation involving the parties to this Agreement shall be brought solely within NSW and shall be within the exclusive jurisdiction of the Courts of NSW.

In entering into this Agreement, I am not relying on any oral or written representations or statements made by CLARENCE VALLEY CROSSFIT with respect to the safety of athletic activities other than what is set forth in this Agreement.

ACKNOWLEDGEMENT

I CONFIRM THAT I AM THE FULL AGE OF EIGHTEEN (18) YEARS AND/OR HAVE CONSENT FROM MY PARENT OR GUARDIAN AND I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT.

I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST CLARENCE VALLEY CROSSFIT.