Waiver and Release of Liability
Reckoning Fitness, LLC,D/B/A Colfax Strong
1516 N Emerson St.
Denver,CO 80218
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. 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 that 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 Reckoning Fitness, LLC, D/B/A Colfax Strong. I, the undersigned acknowledge that I have no physical impairments or illnesses that will endanger myself or others.
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 available at Reckoning Fitness, LLC, D/B/A Colfax Strong, I, the undersigned hereby release Reckoning Fitness, LLC, D/B/A Colfax Strong, their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, 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 Reckoning Fitness, LLC, D/B/A Colfax Strong, their principals, agents, employees, and volunteers. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. 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 Reckoning Fitness, LLC, D/B/A Colfax Strong 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 risk involved in the types of activities offered by Reckoning Fitness, LLC, D/B/A Colfax Strong. Therefore 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 Reckoning Fitness, LLC, D/B/A Colfax Strong, 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 Reckoning Fitness, LLC, D/B/A Colfax Strong.
Member/participant represents that he/she is in good physical health, and that Member/participant shall notify Reckoning Fitness, LLC, D/B/A Colfax Strong in writing if he/she becomes unable to participate in an activity due to some physical or mental considerations. In consideration of Reckoning Fitness, LLC, D/B/A Colfax Strong allowing Member/participant to participate in physical activity, Member/participant agrees to indemnify and hold Reckoning Fitness, LLC, D/B/A Colfax Strong harmless, as well as its directors, agents, officers, and employees, against loss (including reasonable attorney fees) from any and all claims of negligence, demands, rights, or causes of action of any kind or nature that may hereafter at any time be made or brought by Member/participant or on Member's/participant's behalf for any know or unknown, foreseen or unforeseen bodily or personal injuries, damages to property and consequences thereof which may be sustained by Member/participant as a direct or indirect result of participating in the aforementioned activities and use of the equipment of Reckoning Fitness, LLC, D/B/A Colfax Strong.
Use of Photo and Video
Reckoning Fitness, LLC, D/B/A Colfax Strong, its representatives and employees the right to take photographs of Member/participant and Member's/participant's property whilst training with Reckoning Fitness, LLC, D/B/A Colfax Strong.
Reckoning Fitness, LLC, D/B/A Colfax Strong is authorized to use and publish these photos or videos in print and/or electronically. Reckoning Fitness, LLC, D/B/A Colfax Strong may use such photographs of Member/participant with or without Member's name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content to include social media.
Miscellaneous
a. This Agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon prior written consent of all parties. This agreement shall be governed by the laws of the State of Colorado without regard to the principles of conflict of laws thereof and treated as a contract entirely made and execute within Colorado
b. Member/participant has read, and fully agrees to the term of this Agreement and understands and agrees that by signing this Agreement (which contains a waiver, release and assumption of risks) Member/participant has given up considerable future legal rights. Member/participant has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member/participant certifies and warrants that he/she is 18 years of age or older and mentally competent to enter into this Agreement.
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.
PARENTAL CONSENT, (for participants under the age of 18) I, the undersigned parent or legal guardian of the child shown above, have read the above and understood the foregoing assumption of risk, and release of liability and agree to its terms on behalf of my child and myself. I understand that by signing below, I am giving up substantial rights on behalf of my child and myself.
Reckoning Fitness, LLC,D/B/A Colfax Strong
1516 N Emerson St.
Denver,CO 80218
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. 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 that 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 Reckoning Fitness, LLC, D/B/A Colfax Strong. I, the undersigned acknowledge that I have no physical impairments or illnesses that will endanger myself or others.
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 available at Reckoning Fitness, LLC, D/B/A Colfax Strong, I, the undersigned hereby release Reckoning Fitness, LLC, D/B/A Colfax Strong, their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, 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 Reckoning Fitness, LLC, D/B/A Colfax Strong, their principals, agents, employees, and volunteers. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. 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 Reckoning Fitness, LLC, D/B/A Colfax Strong 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 risk involved in the types of activities offered by Reckoning Fitness, LLC, D/B/A Colfax Strong. Therefore 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 Reckoning Fitness, LLC, D/B/A Colfax Strong, 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 Reckoning Fitness, LLC, D/B/A Colfax Strong.
Member/participant represents that he/she is in good physical health, and that Member/participant shall notify Reckoning Fitness, LLC, D/B/A Colfax Strong in writing if he/she becomes unable to participate in an activity due to some physical or mental considerations. In consideration of Reckoning Fitness, LLC, D/B/A Colfax Strong allowing Member/participant to participate in physical activity, Member/participant agrees to indemnify and hold Reckoning Fitness, LLC, D/B/A Colfax Strong harmless, as well as its directors, agents, officers, and employees, against loss (including reasonable attorney fees) from any and all claims of negligence, demands, rights, or causes of action of any kind or nature that may hereafter at any time be made or brought by Member/participant or on Member's/participant's behalf for any know or unknown, foreseen or unforeseen bodily or personal injuries, damages to property and consequences thereof which may be sustained by Member/participant as a direct or indirect result of participating in the aforementioned activities and use of the equipment of Reckoning Fitness, LLC, D/B/A Colfax Strong.
Use of Photo and Video
Reckoning Fitness, LLC, D/B/A Colfax Strong, its representatives and employees the right to take photographs of Member/participant and Member's/participant's property whilst training with Reckoning Fitness, LLC, D/B/A Colfax Strong.
Reckoning Fitness, LLC, D/B/A Colfax Strong is authorized to use and publish these photos or videos in print and/or electronically. Reckoning Fitness, LLC, D/B/A Colfax Strong may use such photographs of Member/participant with or without Member's name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content to include social media.
Miscellaneous
a. This Agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon prior written consent of all parties. This agreement shall be governed by the laws of the State of Colorado without regard to the principles of conflict of laws thereof and treated as a contract entirely made and execute within Colorado
b. Member/participant has read, and fully agrees to the term of this Agreement and understands and agrees that by signing this Agreement (which contains a waiver, release and assumption of risks) Member/participant has given up considerable future legal rights. Member/participant has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Member/participant certifies and warrants that he/she is 18 years of age or older and mentally competent to enter into this Agreement.
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.
PARENTAL CONSENT, (for participants under the age of 18) I, the undersigned parent or legal guardian of the child shown above, have read the above and understood the foregoing assumption of risk, and release of liability and agree to its terms on behalf of my child and myself. I understand that by signing below, I am giving up substantial rights on behalf of my child and myself.