Agreement, Release and Waiver of Liability

Disclaimer: You should always consult with your doctor before beginning any type of exercise or physical liability.

This form is an important legal document. It explains the risks you are assuming by beginning an exercise program. It is critical you read
and understand it completely. After you have done so, please print your name legibly and sign in the spaces provided at the bottom.

Waiver, Informed consent, and covenant not to sue

I have volunteered to participate in a class, course or program containing physical exercise under the direction of CrossFit Orpington, but may not be limited to weight/or resistance training. In consideration of CrossFit Orpington, agreement to
instruct, assist, and train me, I do here release and discharge and hereby hold harmless CrossFit Orpington, and their
respective agents, heirs, assigns, contractors and employees from any and all claims, demands, damages, rights or causes of action, present
and future, arising out of or connected with my participation in this or any program including any injuries resulting from them. This waiver
and release from liability includes, without limitation, injuries which may occur as a result of (1) my use of all amenities and equipment in
CrossFit Orpington, and facilities or premises and my participation in any activity, class program, personal training or instruction (2)
Equipment that may malfunction or break (3) their negligent instruction or supervision (4) any slipping and/ or falling dropping of
equipment while on CrossFit Orpington, premises.

Assumption of Risk

To my best knowledge I am in good physical condition and have no disease, physical limitation, health concern or injury that would be
aggravated or would be the cause of any injury sustained, before, during or as a result of my participating in activities related either directly
and/ or indirectly to CrossFit Orpington.
I recognise that exercise might be difficult and strenuous and there could be dangers inherent in exercise for some individuals. I
acknowledge that the possibility of certain unusual physical changes during exercise does exist. These changes include abnormal blood
pressure; fainting; disorders in heartbeat; heart attack; and, in rare instances, death.
I understand that as a result of my participation in an exercise or other program, I could suffer an injury or physical disorder that could result
in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life.
I recognise that an examination by a physician should be obtained by all participants prior to involvement in any exercise or physical
program. If I have chosen not to obtain a physician’s permission prior to beginning this exercise or physical program with CrossFit Orpington, I hereby agree that I am doing so at my own risk.
In any event, I acknowledge and agree that I assume the risks associated with any and all activities and/ or exercises in which I participate.
I acknowledge and agree that no warranties or representations have been made to me regarding the results I will achieve from this program.
I understand that results are individual and may vary.
I acknowledge that I have thoroughly read this waiver and release and fully understand that it is a release of liability. By signing this
document, I am waiving any right I or my successors might have to bring a legal action or assert a claim against CrossFit Orpington, for your negligence or that of your employees, agents, or contractors.

If you are between the ages of 15 and 69, the PAR-Q will tell you if you should check with your doctor before you significantly
change you physical activity patterns. If you are over 69 years of age and are not used to being very active, check with your doctor.
Please read each question carefully and answer honestly by indicating YES or NO.

If you answered YES to one or more questions:
You should consult with your doctor to clarify that it is safe for you to become physically active at this current time and in your current state of health.

If you answered NO to one or more questions:
It is reasonably safe for you to participate in physical activity, gradually building up from your current ability level.
A fitness appraisal can help determine your ability levels.

Please find below the Terms and Conditions for CrossFit Orpington Limited Trading as CrossFit Orpington.

An agreement between CrossFit Orpington Limited referred to as ‘CrossFit Orpington’ and you the client, referred to as ‘Client’

Membership Terms and Conditions

The following information has been produced to ensure that all members are assured of a comfortable and enjoyable experience on each and every one of their visits. Although the items in this list are detailed in their nature, it is anticipated that for the majority of members there will be little or no need ever to refer to them. They do however allow CrossFit Orpington, their staff, directors or self-employed coaches to provide a high quality service.

1. Release of Liability

1.1. Client’s acknowledgement and assumption of risk and full release from liability of CrossFit Orpington: client acknowledges that the training / nutritional service programs purchased hereunder includes participation in strenuous physical activities, including, but not limited to, running, weight training, strongman, gymnastic movements, various aerobic conditioning and various nutritional programs offered by CrossFit Orpington (the “physical activities”).

1.2. Client acknowledges these physical activities involve the inherent risk of physical injuries or other damages, including, but not limited to, heart attacks, muscle strains, pulls or tears, broken bones, shin splints, heat exhaustion, knee/lower back/foot injuries and any other illness, soreness, rhabdomyolysis, or injury, however caused, occurring during or after client’s participation in the physical activities.

1.3. Client further acknowledges that such risks include, but are not limited to, injuries caused by the negligence of an instructor or other person, defective or improperly used equipment, over-exertion of a client, slip and fall by client, or an unknown health problem of client.

1.4. Client agrees to assume all risk and responsibility arising from participation in the physical activities. Client affirms that client is in good physical condition and does not suffer from any disability that would prevent or limit participation in the physical activities.

1.5. Client acknowledges participation will be physically and mentally challenging, and client agrees that it is the responsibility of client to seek competent medical advice regarding any concerns or questions concerning the ability of client to take part in CrossFit Orpington’s physical activities.

1.6. By reading this agreement, client affirms that he or she is capable of participating in the physical activities. Client agrees to assume all risk and responsibilities for exceeding his or her physical limits.

1.7. Client, on behalf of client, his or her heirs, assigns and next of kin, waives any claims against and releases CrossFit Orpington (as well as any of its owners, employees, or other authorised agents, including independent contractors) from any and all liability, claims and / or causes of action that client may have for injuries or other damages of any kind, including but not limited to punitive damages, arising out of participation in CrossFit Orpington activities, including, but not limited to the personal training / nutritional programs and the physical activities.

1.8. Members are particularly advised not to undertake strenuous physical activities for which they might be medically unfit. Members who have any reservations as to their physical condition are advised to have a medical check-up before embarking on any exercise. The exercise programmes and facilities provided are designed with safety in mind, these are however used entirely at the members’ own risk. All members must undergo a health check and basic supervised instruction session before using the gym.

1.9. Appropriate clothing must be worn at all times.

1.10. Access to the gym and booking classes can be carried out using your personal login to WODBoard.

1.11. Members perspiring excessively are advised to take the appropriate steps to prevent it affecting other members and wipe equipment after use.

2. Gym membership agreement services

2.1. The service being requested is for teaching and coaching designed to develop your fitness and understanding.

2.2. The agreement is for coaching services over a specific period of time during which the student is eligible to partake in any and all activities in accordance with their membership package.

2.3. This can include an agreement for a specific number of classes, seminars, or coaching lessons during the agreed upon period.

3. Client’s right to cancel

3.1. The client may not terminate or cancel the agreement except as follows:

3.1.1. by giving at least 30 days notice at any point

3.1.2. if by reason of death or disability, client is unable to receive all CrossFit Orpington services for which client has contracted, client and client’s estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor’s note regarding the nature of the disability).

4. Client’s right to hold

4.1. The client may, for periods of one calendar month or longer, “put on hold” the membership. The request to place the agreement on hold must be made in writing to crossfitorpington@gmail.com and must be made a minimum of 30 days in advance of the intention to change the membership to ‘on hold’. There can be no retrospective holds. No end date is required, and memberships may be upgraded from ‘on hold’ to any full membership with immediate effect, anytime during the ‘on hold’ period.

4.1.1. client is injured or sick, or client is pregnant and/or has had a baby. In both cases the return date will be mutually determined based on the recovery and recuperation of the client.

5. Client’s default

5.1. Client shall be deemed in default of this agreement upon the failure to comply with any of the terms and conditions of the agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, CrossFit Orpington shall have all rights and remedies available, including termination of this agreement and institution of an action for all applicable damages.

5.2. If CrossFit Orpington delays or refrains from exercising any rights under this agreement, CrossFit Orpington does not waive, nor will CrossFit Orpington lose those rights. If CrossFit Orpington accepts late or partial payments from the customer, CrossFit Orpington does not waive the right to receive full and timely payments and other charges due under this agreement.

Successors and assigns:

5.3. Client agrees that all terms and conditions of this agreement shall be binding upon the heirs, personal representatives, lawful successors, and assigns of client, and anyone claiming by or through client.

6. Enforceability

6.1. The parties agree that if any provision or portion of this agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this agreement, which shall otherwise remain in full force and effect. However, the client specifically agrees all the terms and conditions are to be enforced and client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this agreement.

7. Legal fees

7.1. In the event either party finds it necessary to commence litigation or other court action to enforce the terms and conditions of this agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual lawyer’s fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.

8. Membership fees

8.1. Membership fees shall be fixed by CrossFit Orpington and may be altered at any time. Members will be notified (via email or notification in WODBoard) of any changes in the fees prior to the date of the alteration.

8.2. On payment of membership fees, a member is entitled to use CrossFit Orpington facilities with frequency of use relating to the membership type.

8.3. The first membership subscription shall be due and payable on the signing of this agreement. Subsequent membership subscription shall be due and payable on the same date of each month or thereabouts depending on what day of the week the date falls on.

8.4. All membership applications, PAR-Q questionnaires and waivers must be completed via WODBoard prior to any physical activity starting.

8.5. CrossFit Orpington reserves the right to reject an application for membership, or refuse admission, without giving any reason.

8.6. Membership fees are payable according to the membership type selected.

8.7. Membership upgrades can take place immediately. Membership downgrades require 30 day’s notice as per section 3.1.

9. Direct Debit and Recurring Card Payments

9.1. Monthly Direct Debits and Recurring Card Payments are a full binding contract between CrossFit Orpington and the member and will automatically continue until CrossFit Orpington is notified otherwise.

10. Use of the Facilities

10.1. A member is entitled to use CrossFit Orpington’s facilities providing always that CrossFit Orpington may at any time withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration, maintenance or security work, other work or for reasons beyond the control of CrossFit Orpington.

11.Smoking & Vaping

11.1. Please note that CrossFit Orpington has been designated a non-smoking or vaping environment. The whole site is a no smoking site.

12. Social Activities

12.1. The centre reserves the right at any time, and without notice, to set aside facilities for exhibitions or other social activities.

13. Fire Emergency plan

13.1. In the event of a fire, members are asked to make their way in an orderly fashion to the nearest available exit which are clearly signed at the end of the gym and convene outside in the opposite carpark to the building.

13.2. Members are advised not to fight the fire but leave the premises and call the fire brigade. There are fire extinguishers located in key risk areas within the gym should it be necessary to combat flames.

14. Medical Emergency plan

14.1. In the event of a medical emergency the first aider on duty will assess the medical need and provide treatment and call for help.

14.2. Members with relevant training are encouraged to help and call for the ambulance service.

15. Lost property

15.1. All lost property found on the premises should be handed into CrossFit Orpington’s front desk or to a member of staff. Items will be stored for at least one month before possibly being donated to local charities.

16. Liability and loss

16.1. The centre’s liability for loss or damage to members’ property is strictly limited to any damage or loss suffered as a result of negligence of CrossFit Orpington, its staff or agents. Without exception the centre will not accept liability for money, valuables or other personal property of members.

16.2. The centre reserves the right, at its absolute discretion, to refuse to store any such personal property of members. Property stored at CrossFit Orpington is stored at the owner’s risk and no liability for the loss or damage thereto will be accepted by the gym.

16.3. The gym cannot accept any liability for any accident to any member or guest that may occur on the premises other than the liability which may arise from negligence of CrossFit Orpington, its staff or agents.

16.4. Any member who suffers an accident on the premises must report the accident, and the circumstances under which it occurred, to a staff member immediately following the accident.

16.5. Neither CrossFit Orpington, its trainers or other employees, servants or agents (including every independent contractor from time to time employed by CrossFit Orpington) shall in any circumstances whatsoever be under any liability whatsoever to the applicant for any loss, damage or injury (including death) whether accidental or otherwise of whatsoever kind arising during or resulting from participating in the exercise programme.

17. Termination of Membership

17.1. You may not cancel your membership within your initial 3 month commitment period respectively. After your initial 3 month commitment period you may give us 30 days written notice of your wish to cancel. Cancellation notices must be received on or before the payment date of which your payment to CrossFit Orpington is taken for expiry before to the next payment would have been due. CrossFit Orpington is not liable to refund any monies should the receipt of cancellation not be received in accordance with this clause.

17.2. CrossFit Orpington reserves the right to refuse admission and/or to expel or suspend any member forthwith if any member shall, in the opinion of the owners, cause nuisance or annoyance to the other gym members or guests; and for any breach of CrossFit Orpington’s rules or misuse of gym facilities, or for any other reason which CrossFit Orpington may deem appropriate.

18. Suspension of membership

18.1. Suspension for medical reasons will require support in writing from your doctor and will only apply from the date of receipt of the letter. A letter from your doctor will be required on your return to fitness.

18.2. Suspension during the minimum three-month contract will result in the initial commitment period being extended for the length of the suspension.

18.3. All suspensions are at the discretion of the management.

19. General

19.1. Members must at all times observe the membership rules and Gym Rules, and comply with any reasonable directions which the director/manager/coach/trainer may give to ensure the smooth operation of CrossFit Southampton, the facilities and the convenience of members.

19.2. Any dispute or difference which may arise with regard to the interpretation of these rules shall be determined by the directors whose decision shall be final.

19.3. CrossFit Orpington reserves the right to amend these rules and all tariff charges at any time and without notice to the individual members although notification of the change will be displayed on CrossFit Orpington by notices posted on notice boards and through email/newsletters. If any provision in these rules is declared illegal or otherwise unenforceable, the remaining provisions shall remain in full force and effect.

20. Data Protection Act

20.1. CrossFit Orpington abides by the principles of the Data Protection Act 1998 and will keep the information provided by you on computer for the purpose of administrating the membership. In addition CrossFit Orpington will use the records to notify you of leisure activities organised by CrossFit Orpington. By signing and returning the membership form you will be deemed to be giving your explicit consent to the processing of data contained on it, including anything which may be considered to be sensitive personal data.

20.2 CrossFit Orpington takes member privacy seriously and follows all GDPR guidelines, the policies upheld can be viewed here.

21. Governing Law and Jurisdiction of the Courts

21.1. This agreement shall be governed by and construed with UK Law and the parties agree to submit any disputes to the exclusive jurisdiction of the Courts of the United Kingdom.