WAIVER OF LIABILITY FOR TEST YOUR METAL FITNESS AND PERFORMANCE
1. In consideration of being allowed to participate in any fitness program or activity provided by Test Your Metal Fitness and Performance, and to use the facilities (INCLUSIVE OF TURF ROOMS), equipment and services, in addition to the payment of any fee or charge, I do hereby forever waive, release and discharge Test Your Metal Fitness and Performance and its agents, employees, representatives, executors and all others acting on its behalf from any and all claims or liabilities for injuries or damages to my person and/or property, including those caused by the negligent act or omission of any of those mentioned or others acting on its behalf, arising out of or connected with my participation in any activities, programs or services of Trainer or the use of any equipment provided and/or recommended by Trainer.
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2. I have been informed of, understand and am aware that any exercise program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity. I also have been informed of, understand and am aware that any exercise and/or fitness activities involve a risk of injury, including a remote risk of death or serious disability, and that I am voluntarily participating in these activities and using equipment and machinery with full knowledge, understanding and appreciation of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury regardless of severity or death.
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3. I understand that despite all the precautions that I, other members, and/or Test Your Metal Fitness and Performance may take, we cannot guarantee your health or safety, and you may still be exposed to COVID-19, including through interactions with other individuals who have COVID-19. By executing this release and gaining access to the facilities (INCLUSIVE OF TURF ROOMS), you, on behalf of yourself, your heirs, beneficiaries, representatives, successors and assigns: (1) voluntarily assume all risks associated with any exposure to COVID-19, including, but not limited to suffering any type of medical condition, illness and, potentially, death; and (2) knowingly and voluntarily waive, release, covenant not to sue, forever discharge, indemnify, and hold harmless Test Your Metal Fitness and Performance , its parents and subsidiaries and their respective officers, directors, employees, contractors, agents, representatives, successors and assigns (“Released Parties”) from any and all liability, damages, losses, suits, demands, causes of action to the fullest extent permitted by the laws of this state, or any other claims of any nature whatsoever, arising out of or relating in any way to your use of the facilities (INCLUSIVE OF TURF ROOMS) and your potential exposure to COVID-19.
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4. I do hereby further declare myself (or the guardian signing this in my stead) to be over the age of 18 as of the date of signing this document, physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in these activities, whether or not the activities require the use of any equipment. I do hereby acknowledge that I have been
WAIVER OF LIABILITY FOR TEST YOUR METAL FITNESS AND PERFORMANCE
informed of the need for a physician's approval for my participation in the fitness program. I acknowledge that either I have had a physical examination and have been given my physician's permission to participate, or I have decided to participate in the exercise activities, programs and use of equipment without the approval of my physician and do hereby assume all responsibility for participation in said activities, programs and use of equipment.
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5. I understand that all information and services provided by Trainer is of a general nature and is provided for educational purposes only. None of the information or services provided by Trainer is to be taken as medical or other health advice pertaining to any specific health or medical condition that I may have or have had. The information and services provided by Trainer is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding my health and is not intended to provide specific medical advice.
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6. Photo Release. I hereby give permission in perpetuity for images of me, captured during regular and special activities, through video, camera and digital camera, to be used solely for the purposes of Test Your Metal Fitness and Performance, CrossFit or Licensed CrossFit affiliate promotional material publications and website. I waive any rights of compensation or ownership. Last names of minors will not be given or posted on the internet or website.
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