DATED: JUNE 2020
Thank you for taking the journey of health and wellness with Timeless CrossFit and Fitness
WELCOME TO OUR FITNESS FAMILY
Inspiration CF LLC, dba, hereafter, Timeless CrossFit and Fitness is a supportive community of athletes who empower each other to be their personal best, regardless of age or current level of fitness. Our highly qualified and dedicated coaches have the technical knowledge to help you excel in all areas of your health, fitness, and sport. Our unwavering mission is to tap into your inner athlete giving you the knowledge and motivation to make real changes in all areas of your life. We offer cutting edge specialty programs, nutrition, and more; designed to be ALL-inclusive making you stronger and fitter with extraordinary results! Unlike the standard fitness facilities, Timeless CrossFit and Fitness is committed to your personal journey, to your health, and to your success! Assumption of Risk and Release of Liability and Indemnity Agreement/Informed Consent
- In consideration of being allowed to participate I/Releasor, the Member, agree and acknowledge that I am fully aware that participation in the activity/programs/classes may involve risks and I accept all the risks of participating, even if the risks are created by negligence, gross negligence or carelessness of a Released Party (as defined below) or anyone else.
- "Claims" includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, personal injury or dealth in connection with participation in the Activity/Class. "Released Party" means Inspiration CF, LLC dba Timeless CrossFit and Fitness and all of the affiliates, franchisees and their respective representatives, directors, officers, agents, employees and volunteer staff.
- I agree and acknowledge that: (a) I am in proper physical condition to participate in the Activity, and am aware that participation could, in some circumstances, result in physical injury, serious physical injury or death; (b) I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured; and (c) I am aware that if the Activity occurs outdoors, the streets adjourning the area of the Activity are open to regular vehicular traffic during the Activity and I will obey all traffic laws and regulations.
- I hereby, for myself and for my heirs, next of kin, executors, administrators an assigns, fully release, waive and forever discharge any and all rights or Claims I may have, now or in the future, against any Released Party, even if the Claims are based on the negligence, gross negligence or carelessness of a Released Party or anyone else. Without limiting the foregoing, I further release any recourse, which I may now or hereafter have resulting from any decision of any Released Party.
- I agree not to sue any Released Party for claims, even if the Claims arise from the negligence, gross negligence or carelessness of any Released Party or anyone else. I agree to indemnify (reimburse for any loss) and hold harmless each Releasee Party from any loss or liability (including any reasonable legal fees they may incur) defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.
- I am aware that it is advisable to consult a physician prior to participating in the Activity. If I have consulted a physician, I have taken the physician's advice.
- I am aware that there is no obligation for any person to provide me with medical care during the Activity. I understand and acknowledge that: (a) there may be no aid stations available for the Activity; and (b) if medical care is rendered to me, I consent to that care if I am unable to give my consent for any reason at the time the care is rendered.
- I grant my permission to the Released Party and any transferee or licensee or any of them to utilize any photographs, motion pictures, videotapes, recordings and other references or records of the Activity which may depict, record or refer to me for any purpose ("Images"), including commercial use by the released parties, their sponsors and their licensees. This permission is for the use anywhere in the world and on the Internet and for an unlimited period of time. I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of the Images and that I will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use the Images. I hereby release the Released Party including, without limitation, all the persons who took or otherwise created, rerecorded or modified the Images, from any and all claims, actions, damages, interest, costs, expense and compensation of whatsoever kind and howsoever arising, whether known or unknown, and which I now have or at any time hereafter can, shall or may have in connection with, or in any way resulting or arising from, the Images and the creation, use or disposition of them.
- I acknowledge and agree that the Released Party shall own all right, title and interest, throughout the world, in and to the Images and any materials compromising all or any part of the Images, and that the released Party has the unrestricted right to use, license, sell, transfer or otherwise dispose of any or all of them, as well as the Released Party's rights under the release and Waiver, in any manner whatsoever and without any accountability to me. I hereby assign to the Released Party all right, title and interest, throughout the world, I may have in and to the Images and any materials comprising all or any part of the Images, including all intellectual property rights thereto. I hereby irrevocably waive any and all of of my moral rights and any other irrevocable rights I may have, throughout the world, in or to the Images and any materials comprising all or part of the Images, including all intellectual property rights thereto. I hereby irrevocably waive any and all of my moral rights and any other irrevocable rights I may have, throughout the world, in or to the Images and any materials comprising all or part of the Images.
- If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
- All participants must be at least 18 years of age unless they have parental or guardian approval. If I am signing on behalf of a minor child, I also give full permission for any person connected with Inspiration CF LLC, dba, Timeless CrossFit and Fitness 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.
- You must be a member in good standing to be on the workout floor.
- All members, guests and visitors must sign in with the front desk staff before entering the workout floor. Authorized guest and authorized visitors, signing a waiver shall constitute a temporary membership and allowed on the work out floor.
- Timeless CrossFit and Fitness memberships (all yearly, semi-annual, monthly, drop ins, punch cards, authorized guests and authorized visitors) are non-refundable, non-transferable, non-assignable, and non-saleable. Any such attempted transfer, assignment or sale is void and will not be honored by Inspiration CF, LLC dba Timeless CrossFit and Fitness.
- Inspiration CF, LLC dba Timeless CrossFit and Fitness and its staff are not responsible for personal property left on, or stolen from, the premises or parking lot.
- Parking is available only during the duration of your workout. Inspiration CF, LLC dba Timeless CrossFit is not responsible for the theft or damage to personal property or any other injury while parked at the facility.
- Abuse of Inspiration CF, LLC dba Timeless CrossFit equipment or fixtures, fighting, threatening or disrespectful behavior toward our staff or members are grounds for immediate membership suspension and/or termination.
- Termination with/without cause: Inspiration CF, LLC dba Timeless CrossFit may, at its option, terminate Member's membership if (1) Member fails to make timely payments under any payment plan, (2) Member fails to follow the Timeless CrossFit rules and regulations or this Agreement, or (3) Member's conduct is improper or harmful to the best interests of timeless CrossFit, its staff and its members. Termination for cause is effective on the date that Timeless CrossFit mails a written notice to the Member's last known address. Inspiration CF, LLC dba Timeless CrossFit and Fitness reserves the right to terminate any membership for any reason not identified in this agreement and that is not prohibited by law. If Inspiration CF, LLC dba Timeless CrossFit and Fitness terminate any membership under this provision, Timeless CrossFit will mail written notice to the Responsible Party/Participant and refund any unused dues.
- Inspiration CF, LLC dba Timeless CrossFit and Fitness reserves the right to refuse entry or membership to anyone.
- Membership Cancellation or Freeze. A Cancellation or Freeze necessitates a 15 day notice prior to your next month’s dues with supporting documentation. Written Cancellation or Freeze Form submission with signature is required. This Form can be acquired at Timeless CrossFit and Fitness front desk or via email, per request. Freeze requests must be approved by owner and only apply to medical or injury related issues, with supporting medical documentation. An $8.00 Freeze fee will be applied if your Freeze extends over two months and will be in effect for remainder of the Freeze period. Any Cancellation or Freeze requests received past the 15 day notification of next month’s dues will be processed for the following month, no exceptions.
- THIS AGREEMENT CONSTITUTES THE ENTIRE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES AND CANCELS AND SUPERSEDES PRIOR PROMISES, REPRESENTATIONS, UNDERSTANDINGS AND/OR AGREEMENTS BETWEEN THE PARTIES. THIS AGREEMENT MAY BE MODIFIED ONLY BY AN INSTRUMENT IN WRITING SIGNED BY ALL PARTIES.
- I have fully read and understand the foregoing release and waiver. I am aware that by signing this release and waiver, I am waiving certain legal rights I or my heirs, next of kin, executors, administrators and assigns may have against the Released Party.
BY SIGNING BELOW, Participant accepts and agrees to the terms and provisions contained in this agreement.
Signature (or Parent or Guardian if participate is under 18 years of age) Date