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Chaka CrossFit Liability Waiver (2715)
WAIVER AND RELEASE OF LIABILITY
CDL Health and Fitness, Inc. DBA Chaka CrossFit

EXPRESS ASSUMPTION OF RISK:
I, the undersigned, am aware that there are significant risks involved in all aspects of physical training. These risks include, but are not limited to: falls, which 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; strains and sprains. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while at, or under direction of CDL Health and Fitness, Inc. DBA Chaka CrossFit.

RELEASE:
In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities offered by CDL Health and Fitness, Inc. DBA Chaka CrossFit, I, the undersigned herby release CDL Health and Fitness, Inc. DBA Chaka CrossFit, their principals, agents, employees, and volunteers from any and all liability, claims, demands, action or rights of actions, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon successors, my representatives, heirs, executors, assigns, transferees, or me. 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. If I am signing on behalf of a minor child, I also give full permission for any person connected with CDL Health and Fitness, Inc. DBA Chaka CrossFit to administer first aid deemed necessary, and in case of serious illness or injury, I give permission 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.

INDEMNIFICATION:
The participant recognizes that there is a risk involved in the types of activities offered by CDL Health and Fitness, Inc. DBA Chaka CrossFit. There the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above-mentioned parties, 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 CDL Health and Fitness, Inc. DBA Chaka CrossFit, CrossFit, their principals, agents, employees, and volunteers 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 CDL Health and Fitness, Inc. DBA Chaka CrossFit, at the main building or abroad. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to the main building, and/or any area selected for training by CDL Health and Fitness, Inc. DBA Chaka CrossFit.

RHABDOMYOLYSIS:
Rhabdomyolysis (hereinafter referred to as “Rhabdo”) can occur when an individual’s physical activity is so intense that muscular cells begin to breakdown and the contents and/or remaining materials enter the bloodstream. Rhabdo may be caused by many other systemic or environmental causes. However, Exertional Rhabdo can occur in athletes of all levels of fitness, resulting in muscle cell destruction. The skeletal muscle breakdown impairs kidney function as those organs are unable to handle increased enzymes that are released into the bloodstream. This induces severe physiological changes in the body. The symptoms of Rhabdo include muscle pain, stiffness and extreme weakness, darkening of the urine (similar to the color of tea or cola), decreased urine output, altered mental status, swelling of the body part involved, either with or without pain. A Rhabdo symptom is pain out of proportion to the amount of soreness that one would generally expect, often producing pain much quicker than one would expect after a workout.

I understand that any concerns on my part that I am experiencing any of the symptoms of Rhabdo require immediate presentation to a hospital for emergency treatment. I acknowledge that no third party, either from the facility or otherwise, will be capable of monitoring my urine output or color, and it is my responsibility to be continually cognizant of this symptom and all other symptoms and to monitor them in my own body at all times. I agree that I will remove myself from participation and seek medical treatment of my own accord should I have any concerns regarding possible symptoms of Rhabdo. I understand that statistically individuals most likely to experience Rhabdo are those who are in good shape by general standards or who were previously in good physical shape. This includes individuals who were prior athletes. I acknowledge that often the more mentally tough an athlete is and the more athletic they were in the past or currently are, the greater the risk of exposure to Rhabdo.

I agree to monitor myself in a manner that is proportionate to the potential injury that can be occasioned by this condition. I acknowledge and understand that I am the only individual capable of determining if I am experiencing Rhabdo symptoms. I hereby agree and do willingly assume responsibility for any risks that I expose myself to and accept full responsibility for any injury or death that may result from participating in this significantly demanding physical activity. I for myself and on behalf of my heirs, assigns, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE CDL Health and Fitness, Inc. DBA Chaka CrossFit and/or their officers, directors, representatives, partners, officials, principals, agents or employees, subsidiaries, or assigns, as well as their independent contractors.

PHOTOGRAPHY AND VIDEO RELEASE:
Participants involved in any activities offered by CDL Health and Fitness, Inc. DBA Chaka CrossFit may be photographed or videotaped during training. The undersigned hereby consents to the use of these photographs and/or videos without compensation, on the CDL Health and Fitness, Inc. DBA Chaka CrossFit website or in any editorial, promotional or advertising material produced and/or published by CDL Health and Fitness, Inc. DBA Chaka CrossFit.

SMS TEXT MESSAGE CONSENT:
CDL Health and Fitness, Inc. DBA Chaka CrossFit would like to offer you the ability to receive text message updates for emergency cancellation notifications and news of urgent matters. Your signature of waiver authorizes CDL Health and Fitness, Inc.

I have read and understood the foregoing assumption of risk and release of liability and I understand that by 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.

CANCELLATION:
You can cancel your membership at any time. Please note that you must cancel your membership, in writing, before it renews for a subsequent month in order to avoid being charged for the next month’s membership fee. If you cancel your membership, the cancellation will become effective at the end of the then-current month membership period.

NO REFUNDS
Refunds will not be provided for any membership. We do not provide credit, refunds, or prorated billing for memberships that are cancelled mid-month. In such circumstances, you will continue to have an active membership until the end of the monthly billing cycle.




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