King CrossFit Liability Waiver (7760)
EXPRESS ASSUMPTION OF RISK.
I (the undersigned participant) wish to engage King Fitness, LLC to instruct and coach me in physical fitness training. I am aware that there are significant risks involved in all aspects of physical training, including without limitation, falls that 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. 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 King Fitness, LLC activity or class, any activity or training program recommended by King Fitness, LLC or from working with King CrossFit trainers.
By signing this digital waiver, I hereby certify that I am physically fit, have no physical impairments or illnesses that will endanger myself or others and have not been advised against rigorous physical activity by a qualified health professional.
RELEASE &: INDEMNIFICATION. In consideration of the above mentioned risks and hazards and of the fact that I am willingly and voluntarily participating in the activities available at King Fitness, and as part payment for the services provided by King Fitness, I hereby release, hold harmless and indemnify King Fitness, its members, managers, agents, employees, contractors, and volunteers from any and all liability, claims, demands, actions or causes of action, that may, directly or indirectly, relate to or otherwise arise out of my participation in any King Fitnessactivity or class, any activity or training program recommended by King Fitnessor from working with King Fitnesstrainers, as outlined above. I further accept financial responsibility for any injury that I may cause either to myself or to any other participant due to my negligence. Should King Fitness, its principals, agents, employees, contractors, and volunteers, or anyone acting on their behalf, be required to incur attorney’s 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 these parties 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 or at King Fitness.
FOR INFECTIOUS DISEASES INCLUDING COVID-19 RELATED LOSS
By siging this Release, Waiver, Hold Harmless, Assumption of Risk, Defend and Indemnify Agreement for Infectious Diseases COVID-19 related loss ("Agreement"), You are giving up certain legal rights, including the right to recover damages in case of illness, or death (collectively "Loss"), arising out of your presence on the facility including loss arising out of the negligence of you or any of it mutations, forms, derivatives, or other infectious diseases (collectively "COVID-19")
I, the undersigned, hereby enter into this Agreement in consideration of my ability and permission to access, utilize, occupy, visit, or otherwise be present at the Facility during and after COVID-19 pandemic, for any reason, whether or not related to fitness activities.
1. Risk of Loss/Protective Measures/No Guarantee: By signing this Agreement, I hereby acknowledge that I have familiarize myself with the risk of Loss being present at the Facility for any reason whatsoever and the protective measures at the Facility intended to minimize my risk of exposure to COVID-19. I agree the protective measures are satifactory and sufficient for me to accept and assume the risk of COVID-19 exposure resulting from accessing, utilizing, occupying, visiting, attending, or othewise being at the Facility occupied by other individual; however, I understand and agree that Released Parties cannot guarantee: (a) the protective measures can or will prevent my exposure to COVID-19; (b) will be complied with by all individual at the Facility; or (c) that others will not act in a negligent manner that may contribute to my Loss or contraction of COVID-19. I agree to fully comply with all protective measures required at the Facility as they now exist or may be revised from time-to-time. I accept full responsibility for my own safety and the sanitization of myself and my personal property and/or other personal property I contact at the Facility. If I am a parent or legal guardian of a minor individual at the Facility, I consent to the minor's presence at the Facility and agree to remain responsible for the minor's Loss and minor's compliance with all required protective measures.
2. Medical Attention/Disclosure: I understand and agree that engaging in fitness activities or merely being at the Facility exposes me to inherent risks of injury that may require medical attention including, but not limited to, first aid and/or emergency medical care. I therefore consent to personal contact by Released Parties and/or medical personnel deemed necessary for providing for my care at the Facility and/or hospital, even at the risk of my exposure of COVID-19. I agree to hold Release Parties harmless for such medical attention and any Loss directly or indirectly resulting therefrom.
3. Release/Hold Harmless/Defend/Indemnify: I agree to release, hold harmeless, defen, and indemnify King Fitness, Glen Dosono, Arvin Agosa, Ronald Panelo and their respective heirs, beneficiaries, relatives, agents, successors, assigns, trainers, employees, volunteers, contrators, assistants, sponsors, clients, guests, visitors, members, managers, officers, directors, related entites, owners, and others acting on their behalf (collectively "Released Parties") from and against any liability, attorneys' fees, costs, or other Loss I may incur arising out of or in any way connected with my exposure to or contraction of COVID-19 as a direct or indirect result of my presence at the Facility whether caused by my negligence or the negligence or other wrong doing of Released Parties (other than willful and wanton or intentional misconduct).
4. Bound Parties/ Governing Law/Jury/No Expiration/Time Limitations/Severability/Modification: I understand and agree to the terms of this Agreement are binding on my spouse, partner, family members, heirs, agents, trustees, beneficiaries, representatives, relatives, successors, and assigns and I agree to all the terms and conditions of this Agreement on my own behalf and on behalf of my minor for purposes of permitting our presence at the Facility. In the event of a claim or dispute arising out of or relating to the interpretation or enforcement of this Agreement, I agree Washington Law applies, that all disputes surviving this Agreement must be resolved exclusively by the state court in King County, and I waive my right to a jury trial. I agree that this Agreement does not expire and that any surviving claims must be brought within one (1) year of the date accrued. If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall be valid and enforceable to the fullest extent of the law.
MEDICAL ATTENTION. On behalf of myself and/or on behalf of the minor child for whom I have signed, I give full permission for any person connected with King Fitness to administer first aid deemed necessary, and in case of serious illness or injury, 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.
This agreement, including the Release and Indemnification provisions 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.
I have read and understood the foregoing assumption of risk and release of liability, and I understand that 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