COVID-19 Waiver:

The Roost CrossFit has put in place preventative measures to reduce the spread of COVID-19; however, The Roost CrossFit cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending The Roost CrossFit could increase your risk and your child(ren)’s risk of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by attending classes 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 The Roost CrossFit may result from the actions, omissions, or negligence of myself and others, include, but not limiting to, The Roost CrossFit employees, voluntees, and program participant 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 attendance at The Roost CrossFit. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless The Roost CrossFit employees, agents, and representative, 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 claim based actions, omissions, or negligence of the employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in The Roost CrossFit’s programs.

Express Assumption of Risk:

I,__________________, 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).

24/7 Program Access Assumption of Risk:

{The Roost CrossFit} (“{TRC}”) STRONGLY RECOMMENDS THAT YOU CLEAR YOUR PARTICIPATION IN ANY EXERCISE PROGRAM WITH YOUR PHYSICIAN. USE OF THE {TRC} FACILITIES UNDER THE 24/7 ACCESS PROGRAM IS UNMONITORED, AND YOUR USE OF THE {TRC} EQUIPMENT AND FACILITIES IS AT YOUR OWN RISK – {TRC} WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY OR DAMAGES INCURRED BY YOU ARISING OR CONNECTED IN ANY WAY WITH YOUR USE OF THE {GYM ABBREV} EQUIPMENT AND FACILITIES. MEMBERSHIP IS AT {TRC}’S SOLE DISCRETION AND ANY VIOLATION OF THE RULES AND REGULATIONS CAN RESULT IN CANCELLATION OF MEMBERSHIP.

IN CONSIDERATION OF {TRC} MAKING ITS EQUIPMENT AND FACILITIES AVAILABLE FOR MY USE, I ACKNOWLEDGE AND AGREE AS FOLLOWS:

-I am fully aware that my access to the {TRC} equipment and facilities will be unattended and I am solely responsible for my own safety and well-being while participating in physical training activities at the {TRC} facilities or utilizing the {TRC} equipment.  

-I recognize and understand that physical training is not without varying degrees of risk, which may include, but are not limited to the following: Injury to the musculoskeletal and/or cardio respiratory systems, 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, or injury or death due to a medical condition, whether known or unknown by me.  

-I willingly assume full responsibility for any and all risks that I am exposing myself to as a result of my participation in physical training and accept full responsibility for any injury or death that may result from my participation.

-I hereby certify that I know of no medical problems that would increase my risk of illness and injury arising from use of the {TRC} equipment or facilities. I understand there exists the possibility of adverse physical changes during physical training. I fully understand that these changes could include abnormal blood pressure, fainting, disorder of heart rhythm, stroke, and in very rare instances, heart attack or even death. I understand that certain prescribed medications may exacerbate these physiological changes and create an even greater risk of physical damage or death. With my full understanding of the above information, I agree to assume any and all risks arising from or in any way associated with my voluntary participation in {TRC} physical activities or the use of the {TRC} equipment or facilities under the 24/7 Program Access.  

-I understand and acknowledge that this access is for myself only, not to bring any guests under any circumstances. Children are okay to bring, but only if they are in the kids room, NOT on the gym floor with equipment.

Release:  

In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in the activities available at {TRC} and/or self-administered activities using the {TRC} equipment or facilities, and with my full understanding of all of the above, I hereby waive, release, remise and discharge {The Roost CrossFit} and its successors, members, managers, agents, officers, and employees of any and all liability, claims, demands, action or rights of actions, or damages of any kind related to, arising from, or in any way connected with, my participation in physical training or my use of the {TRC} equipment or facilities.  

I understand that {TRC} and its members commonly will record sessions and take pictures through the use of recording devices and cameras. I hereby give my consent for {TRC} to use photographs and video recordings of me and my likeness to be used in its publications, including its website and social media. I release them from any expectation of confidentially or payment for my photographs or videos.

This agreement shall be binding upon me, my successors, representatives, heirs, executers, assigns, or transferees. If any portion of this agreement is held invalid, such invalid portion may be severed from the whole of this agreement, and I agree that the remainder of the agreement shall remain in full legal force and effect.  

Indemnification:  

I recognize there is risk involved in the types of activities commonly performed at {TRC} and/or otherwise arising from use of the {TRC} equipment or facilities. Therefore, I accept all liability and responsibility, financial or otherwise, for any injury that I may cause to myself, any guest of mine utilizing the {TRC} equipment or facilities, or to any other person utilizing the {TRC} equipment or facilities due to my negligence or intentional acts. Should {TRC} or any of its successors, members, managers, agents, officers, or employees, or anyone acting on behalf of any of these individuals, be required to incur attorney’s fees, legal fees, expenses, costs or loss (collectively “Losses”) due to any injury that I may cause to myself or to any other person utilizing the {TRC} equipment or facilities due to my negligence or intentional acts, I agree to fully reimburse {TRC} and/or such persons for such Losses. I further agree to indemnify, hold harmless, and, if necessary, defend {The Roost CrossFit} and its successors, members, managers, agents, officers, or employees, from and against all liability for the injury or death of any person(s), including myself, and any damages or Losses whatsoever arising from my use of the {TRC} equipment or facilities.  

I have fully read and fully understand the foregoing assumption of risk, release of liability and indemnification provisions, and I understand that by signing below I am obligated to indemnify {TRC} and its successors, members, managers, agents, officers, or employees as provided herein. I understand that by electronically signing this form I may be waiving legal rights that would otherwise be available to me.    

{The Roost CrossFit} Effective 2023