NVCF, LLC & CROSSFIT NAPA VALLEY / Crush Fitness (CFNV) RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
TODAY'S DATE: [date]
This release is made to allow NVCF, LLC and CFNV (Trainer) to allow me to participate in Functional training (the Training). In connection with the Training I am volunteering to engage in physical or otherwise dangerous activities including but not limited to sports activities, and to be coached, encouraged, evaluated, measured and tested in connection with such activities under extreme conditions.
In consideration of being permitted to participate in the Training, and for other good and valuable consideration, receipt of which I hereby acknowledge, I ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT: (i) engaging in the Training will expose me to extreme, hazardous, and unnatural circumstances, and a significant risk of injury, including without limitation, physical and mental illness, emotional distress, death, disability, disfigurement, and loss or damage to person or property; (ii) following any recommendations for changes in diet, including the use of food supplements and/or weight reduction products may cause harm and are entirely my responsibility, and I will undertake to consult a physician prior to undergoing dietary or food supplement changes, (iii) in undertaking severe exercise routines that are a part of Training there is a risk of rhabdomyolysis (rhabdomyolysis is a potentially lethal systemic shutdown initiated by the kidneys in response to the presence of shed muscle fiber debris and exhaust in the bloodstream), (iv) non-Training-related injuries (slip, fall, etc.) may occur in the Training facility (including the parking area), and (v) damage to or theft of my valuables may occur in the Training facility (including the parking area).
1. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, even if arising from negligence of the persons released from liability below, other participants or any other third parties, and assume full responsibility for my participation in the Events. IN NO WAY HAVE I BEEN SUBJECTED TO ANY COERCION, PRESSURE OR UNDUE INFLUENCE BY TRAINER TO ENGAGE IN THE EVENTS. I acknowledge that no representations or warranties of any kind whatsoever have been made to me regarding my qualifications or ability to participate in the Training or regarding any of the equipment or services to be used in connection with the Training and that I will use such equipment or services entirely at my own risk.
2. I, for myself and my heirs, next of kin, spouse, guardians, legal representatives, executors, administrators, employees, successors, and assigns (the Releasing Parties) HEREBY UNCONDITIONALLY AND IRREVOCABLY RELEASE, FOREVER DISCHARGE, AND HOLD HARMLESS Trainer, their parent and related companies, subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present, and future directors, officers, agents, representatives, employees, contractors, partners, shareholders, members, successors, licensees and assigns (the Released Parties) to the fullest extent permissible under law from any and all liabilities, claims, and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, and whether at my instance or at the instance of any third party, related to any harm, loss, physical or mental injury, physical or mental illness, emotional distress, death or damage to person or property that I, my property or equipment, or any third party may suffer arising out of or pursuant to the negligence of the Released Parties or otherwise, or in connection with or related, directly or indirectly, to my preparation, participation or performance in the Training, whether occurringbefore, during or after my actual participation in the Training (including emergency medical care), whether such loss or damage be direct, indirect, consequential or otherwise, and whether or not due to the negligence, actions or omissions of the Released Parties, other participants or otherwise (the Released Claims), including but not limited to claims of fraud, fraudulent inducement, breach of implied contract, medical privacy, medical malpractice, defamation, and invasion of privacy.
3. I and the other Releasing Parties irrevocably agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS each of the Released Parties from and against all liabilities, claims, and demands of any kind or nature whatsoever, in law or equity, whether known or unknown, by whomever asserted, with respect to (i) any and all Released Claims, (ii) any claims of other participants or any third parties for any damage, distress or injury to person or property that I allegedly caused, and (iii) any of my actions or omissions not authorized by or outside the scope of reasonable instructions given by Trainer or its designees.
4. I, on behalf of myself and the other Releasing Parties acknowledge that there is a possibility that subsequent to the execution of this Agreement, I or they will discover facts or incur or suffer claims which were unknown or unsuspected at the time this agreement was executed, and which if known by me or them at that time may have materially affected my or their decision to execute this agreement. I and the other Releasing Parties acknowledge and agree that by reason of this Agreement, and the release contained in the preceding subsections, I, on behalf of myself and the other Releasing Parties, am assuming any risk of such unknown facts and such unknown and unsuspected claims. I and the other Releasing Parties have been advised of the existence of Section 1542 of the California Civil Code, which provides:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. I and the other Releasing Parties knowingly and voluntarily waive the provisions of Section 1542, as well as any other statute, law, or rule of similar effect, and acknowledge and agree that this waiver is an essential and material term of this release, and without such waiver I would not have been permitted to audition or become a participant in the Training. I, on behalf of myself and the other Releasing Parties, hereby represent that I and they have been advised by their legal counsel, acknowledge and understand the significance and consequence of this release and of this specific waiver of Section 1542 and other such laws.
5. Any other provision of this Agreement notwithstanding, California law governs this Agreement. I further agree that all disputes arising out of or related to this Agreement, its breach and/or the Training shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with their commercial arbitration rules. The AAA rules for selection of an arbitrator shall be followed.
6. This Agreement represents the entire understanding between the parties and can only be amended in a writing signed by a duly authorized officer of NVCF, LLC.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY.