AGREEMENT, WAIVER, RELEASE OF CLAIMS, WARNING OF RISK AND ASSUMPTION OF RISK
PARTICIPANTS: READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL LIMIT OR ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.
I understand and acknowledge that by checking the box below or signing below, I am legally agreeing to all the following statements in exchange for being permitted to participate in District L Fitness Facility at Unit 5, Myers Lane Business Park, Myers Lane, Penrith CA11 9DP & outdoor venues including but not exclusively Parkfoot campsite
I understand that participating in District L is a hazardous activity.
I acknowledge that District L Fitness is a test of my physical and mental limits that carries with it inherent risks of physical injury that cannot be eliminated completely, including but not limited to a risk of death and/or serious injury.
I expressly, knowingly, and voluntarily assume all of the risks of participating in District L.
I understand and acknowledge that these risks include, but are not limited to: falls; illness; infection; contact or collision with spectators, personnel, and other pedestrians; contact or collision with motor vehicles; contact or collision with other participants of varying skill levels; contact and the effects of contact with natural and man-made fixed objects; water, road and surface hazards; dangers arising from weather conditions, including but not limited to extreme heat, cold, humidity, ice, rain, or fog; imperfect event conditions.
I understand and acknowledge that these risks may cause harms including, but not limited to: bodily injury, ranging from minor to severe; illness or infection, ranging from minor to severe; physical and/or mental effects of exposure to extreme conditions and circumstances, ranging from minor to severe; temporary or permanent disability; paralysis; death; and property damage or loss.
I understand that the risks of participating at District L Fitness may be caused in whole or in part by: my own actions or inactions; the actions or inactions of other participants; the actions or inactions of spectators or other pedestrians; and/or the acts, inactions, or negligence of the Released Parties (as defined below).
I accept full and sole responsibility for the condition and adequacy of my equipment.
I expressly assume all risks and take full responsibility for any and all damages, liabilities, losses, or expenses that I incur as a result of participating in District L Fitness.
I agree that it is my responsibility to determine whether I am sufficiently fit, healthy, skilled and physically trained to safely participate at District L Fitness. I hereby represent that I am ( or the U18 I am signing on behalf off) , on the date of signing up, in good health and in proper physical condition to safely participate at District L Fitness. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate at District L Fitness, or that would result in my participation creating a risk of danger to myself or to others. I further certify that I have not been advised or cautioned otherwise by a medical practitioner.
I understand that the exercise is an extreme test of human physical and mental limits that I may not be able to safely complete it, even if I am sufficiently fit, healthy, skilled and physically trained to safely participate. I understand that it is my responsibility to continuously monitor my own physical and mental condition during the course of the participation at the gym, and I agree to withdraw immediately and to notify appropriate personnel if at any point my continued participation would create a risk of danger to myself or to others. I acknowledge and agree that I will not be reimbursed any portion of any fees paid for exercising at District L Fitness if I withdraw before completing my assigned membership, as I understand that all fees are paid only in exchange for the opportunity to participate to the best of my ability as described in this document.
I understand that I am strongly advised to consult a medical practitioner before participating, especially if I am pregnant, disabled, or have recently suffered any illness, injury, or impairment.
I assume full responsibility for any injury, loss or damage associated with my use or consumption of alcohol and/or drugs at any point during District L Fitness.
I understand the dangers associated with the use or consumption of alcohol and/or drugs and I recognise that such use or consumption might impair my judgment and motor skills. I certify that I am not, and on the date of becoming a member at District L Fitness will not be, under the influence of alcohol or any drugs that would in any way impair my ability to safely participate at District L Fitness. I assume full responsibility for any injury or loss to myself or to others and for any damage to any personal or real property associated with my use or consumption of alcohol and/or drugs at any point during my membership at District L Fitness.
I understand that the participation of functional fitness is an extreme test of mental and physical fitness and that the risks and dangers of consuming alcohol after such a test may be magnified. I take full responsibility for any decision to consume alcohol
I hereby indemnify and agree to hold harmless the Released Parties (as defined below) from any injury, loss, or damage described in this section.
I agree to abide by the rules of District L Fitness and to comply with the directions and instructions of District L Fitness personnel. These are these :
1. Follow instructions and complete the workout as per the rules or coach instructs
2. Appropriate behaviour at all times. Verbal abuse of coaches and verbalizing other players, deliberately distracting or provoking a coach or another athlete are not acceptable behaviors
3. Work hard for yourself and your team
4. Be a good sport & team player, accept and include all members
5. Treat everyone how you wish to be treated
6. Cooperate with your coach, team-mates and opponents.
7. Participate for your own enjoyment and benefit, not just to please parents or coaches.
8. Respect & accept the rights of all athletes no matter their gender, ability, cultural background or religion.
I agree to become familiar with and abide by all written and/or posted rules of District L Fitness. I further agree to comply with all directions, instructions and decisions of District L Fitness, including but not limited to instructions or directions relating to the manner of my safe participation in the excercise or Related Activities and decisions that I will stop participation in the excerise or Related Activities at any time. Except as otherwise prohibited by law, I agree not to challenge these rules, directions, instructions, or decisions on any basis at any time and I acknowledge that they are reasonable and necessary to reduce risk; protect the safety of participants, spectators, and personnel; and/or promote fairness and the spirit of District L Fitness.
Parents section only if signing on behalf of an U18s: Acknowledge and agree to the following:
1. Always remember that kids participate in sport for their enjoyment, not yours.
2. Encourage kids to participate, do not force them.
3. Be positive on the child’s efforts and performance rather than winning or losing.
4. Always encourage kids to play according to the rules following the code of conduct.
5. Remember that kids learn best by watching great role models.
6. Reinforce the stance on removing verbal and physical abuse from kids’ sports.
7. Always respect the judges/coach’s decisions and teach kids to do likewise.
8. Respect the rights of all participants regardless of their gender, ability, cultural background, or religion.
9. District L only has the right to use any device whilst children under the age of 18 are participating in a training session (phone, camera, iPad, laptop), which can be used for District L social media/ advertisements
10. Parents to respect the decisions made by the coaches, for the hour of the class your child is participating in CrossFit the coach’s decision is final
In addition to the above, I specifically acknowledge and agree to abide by the following rules: no urination or defecation is permitted outside of designated areas; and no clothing, props or equipment that pose an unnecessary risk to participants, spectators or personnel are permitted. I also specifically agree to obey all civil and criminal laws, including traffic laws and regulations.
I also agree to always exhibit appropriate behaviour; demonstrate respect for all people, equipment, and facilities; and participate with a cooperative and positive attitude.
I understand that District L may immediately dismiss anyone who disobeys any rules, directions, instructions, decisions, or laws, or whose behaviour endangers safety or negatively affects a person, facility, or property of any type or kind.
I consent to receive medical care and treatment as determined by appropriate District L Fitness personnel.
In the event of my injury, accident, or illness, I consent to receive medical care and treatment as deemed advisable in the best judgment of appropriate District L Fitness and/or appropriate medical professionals. If necessary, I authorise appropriate District L Fitness personnel to consent to such medical care and treatment on my behalf.
I agree to assume liability for any and all medical costs incurred as a result of my participation in District L Fitness but not limited to costs of: medical care and treatment, ambulance services, hospital stays, and physician and pharmaceutical goods and services. I agree to indemnify and hold harmless the Released Parties (as defined below) from all liability for such costs.
I grant permission to District L Fitness to use my photograph and/or any other record of my participation in District L Fitness for any legitimate purpose.
I understand that any and all photographs, motion pictures, recordings, and/or likenesses of me captured during District L Fitness, its affiliated entities, or contractors, and/or the media become the sole property of District L Fitness. I grant the right, permission, and authority to District L Fitness to use my name and any such photographs, motion pictures, recordings, and/or likenesses for any legitimate purpose, including but not limited to promoting, advertising, and marketing activities. I further understand that District L Fitness, as sole owner, has the full right to sell and/or profit from the commercial use of such photographs, motion pictures, recordings, and/or likenesses.
I hereby waive, release, and forever discharge District L Fitness and the other Released Parties from any and all claims I may have arising out of my participation in District L Fitness. I covenant and agree not to sue District L Fitness or any of the other Released Parties for any such claims.
In consideration of being permitted to participate in District L Fitness, I hereby waive, release and forever discharge the following parties (the “Released Parties”) from any and all Claims (as defined below): District L Fitness and its directors, officers, employees, agents, contractors, insurers and volunteers; all District L Fitness event sponsors, organisers, promoters, directors, officials, property owners, and advertisers; all other persons or entities involved with District L Fitness; all city, town, county, and other governmental bodies and/or municipal agencies whose property and/or personnel are used and/or who in any way assist with District L Fitness; and any or all parent, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, shareholders, supervisors, insurers, agents, and representatives of any of the foregoing.
In consideration of being permitted to participate in District L Fitness , I hereby waive, release and forever discharge the Released Parties from all of the following (the “Claims”): any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of action, of any kind or nature, which I have or may have in the future (including court costs, attorneys’ fees and litigation expenses), that may arise out of, result from, or relate to my participation at District L Fitness or my travel to or from District L Fitness. I understand and acknowledge that these Claims include, but are not limited to, causes of action for death, personal injury, partial or permanent disability, negligence, and property damage or theft; causes of action relating to the provision of first aid, medical care, medical treatment, or medical decisions (at the site of District L Fitness or elsewhere); and claims for medical or hospital expenses. I understand and agree that the foregoing waiver, release, and discharge applies even if the Claims are caused by the negligent acts, omissions, or carelessness of any of the Released Parties.
I understand that this waiver, release, and discharge operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf.
I hereby agree to indemnify, defend, and hold harmless District L Fitness and the other Released Parties from any and all expenses incurred, and claims made that relate to my breach of this Agreement.
I hereby agree to indemnify, defend and hold harmless District L Fitness and the other Released Parties from any and all expenses incurred and all claims made by myself or others (including but not limited to court costs, attorneys’ fees and litigation expenses) that arise out of or result directly or indirectly from my breach or failure to abide by any part of this Agreement, my failure to follow any rules or directions as defined in Section 5 above, and/or any of my actions or inactions which cause injury or damage to any other person or property.
I understand that this agreement to indemnify, defend and hold harmless operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf.
I understand and acknowledge that by signing below, I agree that the statutes and laws of the United Kingdom will apply to all matters relating to this Agreement, including participation in District L Fitness, regardless of the actual location of District L Fitness or the principles of conflict of laws. I agree that exclusive jurisdiction for any dispute with District L Fitness resides in the courts of the United Kingdom and expressly consent to the exercise of personal jurisdiction in the United Kingdom in connection with any dispute.
I understand and acknowledge that by signing this form, I am aware of the sign-up rules on team up regarding my contract. If I cancel before my 3 months sign up billing commitment District L have the right to demand payment of £100 as a fine. I hereby agree and I am aware of the 60 days’ notice before the next billing date required when cancelling, meaning I will have to pay 60 days after I have sent a written/ email request to cancel my membership.
I understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by the UK, and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions.
BY SIGNING BELOW, I AFFIRM THAT I AM EIGHTEEN (16) YEARS OF AGE OR OLDER OR I AM SIGNING ON THE BEHALF OF MY UNDER 18 YEAR OLD (OR WILL BE ON THE DATE OF DISTRICT L), I HAVE READ THIS AGREEMENT, I UNDERSTAND ITS CONTENT, AND I INTENTIONALLY AND VOLUNTARILY SIGN THIS AGREEMENT.