SHIFT FITNESS, LLC
(D/B/A CROSSFIT SHIFT)
AMATEUR ATHLETIC WAIVER AND RELEASE OF LIABILITY
*** READ BEFORE SIGNING ***
In consideration of
being allowed to participate in any way in the athletic sports program and the related
events and activities of Shift Fitness, LLC, D/B/A Crossfit Shift ("Releasees”),
the undersigned acknowledges, appreciates, and agrees that:
1) The risk of injury from the activities involved in this program is significant, and therefore inherently dangerous, including, but not limited to, possible
injuries to the musculoskeletal and/or cardio respiratory systems, broken
bones, muscle pulls, muscle tears, ligament tear, joint dislocation, muscle
swelling, general aches, tendonitis, sprains, strains, general weakness,
soreness, shin splints, skin tears, scrapes, abrasions, cuts, bruises, rhabdomyolysis, bulging disk, herniated
disk, ruptured disk, injuries caused by falling off a climbing rope and other
equipment (such as a pull-up bar, box, dumbbells, etc.), tripping on floors,
sidewalks or uneven flooring, dropping weights on hands or feet or any other
part of your body, injury due to equipment breaking or misuse of equipment,
broken teeth, eye injuries, vomiting, cramps, heart attack, abnormal blood
pressure, abnormal heart rhythm, fainting, stroke, embolism, and the potential
for permanent paralysis and death. While particular rules, equipment, and
personal discipline may reduce this risk, the risk of serious injury does
2) I KNOWINGLY AND FREELY ASSUME ALL SUCH
RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE "RELEASEES”
(as defined in paragraph 4, below) or others, and assume full responsibility
for my participation; and,
3) I willingly agree to comply with the
stated and customary terms and conditions for participation. If, however, I
observe any unusual significant hazard during my presence or participation, I
will remove myself from participation and bring such to the attention of the
nearest official immediately. By signing
below, I certify that I know of no medical problems that would increase my risk
of illness and injury as a result of participation in a fitness program
designed by "RELEASEES” (as defined in paragraph 4, below); and,
4) I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Shift Fitness, LLC, D/B/A Crossfit Shift, its officers, officials, agents, and/or employees, trainers, other participants, sponsoring agencies, sponsors, advertisers, including contract claims from third parties, and if applicable, owners and lessors of premises used to conduct the event ("RELEASEES”), WITH RESPECT TO ANY AND
ALL INJURY, DISABILITY, DEATH, OR LOSS, OR DAMAGE TO PERSON OR PROPERTY, WHETHER ARISING FROM THE NEGLIGENCE OF THE
RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
I HAVE READ THIS RELEASE
OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS,
UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT
FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
COVID-19 Liability WaiverAssumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. Shift Fitness, LLC has put in place preventative measures to reduce the spread of COVID-19; however, Shift Fitness, LLC cannot guarantee that you will not become infected with COVID-19
. Further, participation could increase your risk of contracting COVID-19.READ CAREFULLY BEFORE SIGNING
- By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participation; and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Shift Fitness, LLC may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Shift Fitness, LLC’s employees, volunteers, and program participants and their families.
- I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my participation at Shift Fitness, LLC. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Shift Fitness, LLC, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Shift Fitness, LLC, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation at Shift Fitness, LLC.
- I represent that I have adequate insurance to cover any injury or illness I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or illness myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
- In the event that I file a lawsuit, I agree to do so in the state where Shift Fitness, LLC is located, and I further agree that the substantive law of that state shall apply.I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
- By signing this document, I agree that if I am exposed or infected by COVID-19 during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
- I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.
- If I have signed a separate general waiver of liability connected to my participation at Shift Fitness, LLC, I agree that the terms of that waiver are wholly incorporated into this document and that the terms of this document are incorporated into the separate general waiver.
- I agree that I will practice safe social distancing and clean hygiene during my participation at Shift Fitness, LLC.
FOR PARTICIPANTS OF MINORITY AGE
(UNDER AGE 18 AT THE TIME OF REGISTRATION)
This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees, including contract claims from third parties, from any and all liabilities incident to said minor child's involvement or participation in these programs as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE, to the fullest extent permitted by law.
to allow Shift Fitness dba CrossFit Shift, its agents, officers, principals,
employees and volunteers the right to use a picture(s), film and/or likeness of
me for advertising purposes. In the event I choose not to allow the use of the
same for said purpose, I agree that I must inform CrossFit Shift of this in
This Membership Agreement, when signed by the applicant and accepted by Shift Fitness, LLC constitutes a binding contract between Shift Fitness, LLC (“Shift Fitness LLC”) and the individual or entity executing the signature page of this Agreement (“Member”). Membership rights, privileges and obligations commence when the Agreement is signed.Membership
Any and all membership privileges obtained through this membership agreement may be revoked or changed at any time with prior notice to Member. At any point during this contract the Member may change their membership titles with prior written notice to Shift Fitness, LLC. If a price increase occurs as a result of membership changes, the member will be responsible for payment of the price increase.
Member agrees they meet all membership requirements and will notify company if any requirements are not met during the time of the agreement term. Member’s information will be documented as below but may be updated or changed at any point of agreement term.Terms and Termination
Terms of agreement:
- Member agrees to execute a Release of Liability for the benefit of Shift Fitness LLC, as a requirement of membership.
- If Shift has met its membership cap, and you have cancelled, you will be placed at the end of the waitlist.
- Member agrees that the class structure is the basis for the program that Shift Fitness, LLC offers. Members must participate in classes regularly in order to maintain membership. Shift Fitness, LLC will define what regularly is within the program.
- All cancellations must be made in person.
- Shift Fitness, LLC has a primary goal of community first. Member agrees that they will not put back equipment before entire class is done or instructed to do so, will not start side conversations during class, and will encourage and cheer on those who are not finished.
- Member agrees that they will respect all other members and treat them equally and fairly. If it is deemed at the sole judgement of Shift Fitness, LLC that a member has bullied, teased, harassed, had racist claims, etc. the member will be removed from Shift Fitness, LLC without reimbursement.
- Member agrees that proper gym etiquette includes, but is not limited to, wiping down equipment before it is put away, returning all equipment to their proper racks after use, that we do NOT drop Kettlebells or Dumbbells at any time, that any damaged equipment should be reported to a coaching staff immediately, if you are sick that you should stay home. Member agrees that they will respect equipment. Member will not leave equipment out, will not drop empty bars, and will not drop barbells with only 10-pound bumper plates on them. Dropping and ruining 10# bumpers may result in a replacement fee to the member who ruined them.
This agreement shall remain in effect until one or more of the following occur:
- Member fails to meet any requirements of membership.
- Agreement term lapses without further terms or agreements added.
- Shift Fitness LLC files for bankruptcy or ceases to do business.
Except under extenuating circumstances, any and all communications regarding this contract shall be delivered either personally or by certified letter to Shift Fitness, LLC. All member notices will be delivered in the form deemed necessary by Shift Fitness, LLC. Any cancellations must be done in person.Assignment
Without prior written approval no portion of this contract may be transferred or sold to any party not participating in this membership agreement.No Warranties
No warranties are given or implied by this membership agreement.Effectiveness and Interpretation of Agreement
Any and all legal proceedings sustained from this agreement shall be set in the jurisdiction of Shift Fitness, LLC as agreed between parties. This membership agreement sets forth the entire understanding of above-mentioned agreement and unless otherwise stated is not inclusive of any oral or prior written agreements. Any modifications or changes to this agreement must be in written form and signed by both the Member and the representative of Shift Fitness, LLC.Signatures below serve as a complete understanding and agreement to all terms and statements above.