Waiver and Release of Liability

High Desert Cascade Fitness LLC

DBA: 3 Peaks CrossFit
2133 NW Andrews Drive STE 105
Madras,Or 97741

Photography & Video Release: Participants involved in any activities offered by High Desert Cascade Fitness LLC, conducting business as 3 Peaks CrossFit, may be photographed or videotaped during training or events. The undersigned hereby consents to the use of such photographs and/or videos without compensation, on the 3 Peaks CrossFit website, social media accounts (Twitter, Facebook, Instagram) or in any editorial, promotional or advertising material produced and/or published by 3 Peaks 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. 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 High Desert Cascade Fitness LLC. 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 High Desert Cascade Fitness LLC, I, the undersigned hereby release High Desert Cascade Fitness LLC, 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 High Desert Cascade Fitness LLC, 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 High Desert Cascade Fitness LLC 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 High Desert Cascade Fitness LLC. 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 High Desert Cascade Fitness LLC, 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 High Desert Cascade Fitness LLC.

Rhabdomyolysis Release: 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, the undersigned, 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, the undersigned, 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 and/or their officers, directors, representatives, partners, officials, principals, agents or employees, subsidiaries, or assigns, as well as their independent contractors.

Nutrition Policies and Guidelines:

The following guidelines apply to nutrition services and weight loss packages. Please review carefully and, if any questions, discuss them with your nutrition coach.

Cancellations: You (the client) understand that the nutrition coach operates on a scheduled appointment basis for all session and thus, requires a 24-hour notice especially when canceling/rescheduling an appointment. No charge shall be applied if you cancel/reschedule with MORE than 24 hours’ notice given. If you cancel within the 24-hour notice window, you will be charged the cost of your session, and will purchase an additional session shall you wish to reschedule.

Promptness: It is important to arrive on time for a scheduled appointment. You understand that the nutrition coach might have another appointment immediately following my scheduled session, and therefore tardiness may result in the normal length of the session being reduced.

Refunds: There will be no refunds for nutrition counseling session, follow-ups, nutrition challenges or personal training sessions.

Expiration: Nutrition packages will expire 60 days after purchase.

Photo Release: You hereby authorize 3 Peaks CrossFit to edit, alter, copy, exhibit, publish or distribute all photos and images. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein my photo appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of the photograph or video images.

Waiver and Release: You (the buyer/client) agree that you hereby waive any claims or rights that you might otherwise have to sue 3 Peaks CrossFit, its employees, independent contractors, or agents, if injury/harm to you that may result from participation in our nutrition, weight loss programs or personal training sessions. You understand that you should consult your physician if you have any medical issues. You acknowledge nutrition services are not to be in place of any medications. You acknowledge that you have carefully read this waiver and release and fully understand that it is a release of liability. You are waiving any right that you have to bring legal action to assert a claim against us.

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.

3 Peaks CrossFit Social Fitnessing Requirements:

Thank you for your continued business, support, and understanding during these uncertain times. We appreciate you, love you and are here to keep you safe and healthy!

(If you can not answer YES to the following please stay home until you are able to answer YES)

I the undersigned acknowledge the following:

I acknowledge I do not have a cough.
I acknowledge I do not have a fever.
I acknowledge I have not had shortness of breath.
I acknowledge I have NOT been in close contact with anyone with these symptoms or anyone who has been diagnosed with COVID-19 in the past 14 days.

3 Peaks CrossFit Physical Distancing Fitness Requirements:

I the undersigned agree that:

I will RSVP to class, and understand that if I No Show or Late Cancel (after the 1 hour prior to class) I will be subject to the $10 NO SHOW/LATE CANCELLATION FEE
I have watched the 3 Peaks Re-Open Protocol Video entirely and I understand the expectations given to me as an athlete
I will arrive early so my coaches can start class on time
I will not hand shaking or high five other athletes
I will sanitize and wipe off all equipment before and after use
I will use my phone to sign in and track WOD stats
I will bring my own water bottle, towel, and minimal gear
I will try my best to limit restroom usage
I will stay in my designated WOD station
I will remain 6 ft apart from other athletes
I will not turn on fans inside facility, or open the garage door
If I recently traveled, I will stay away from the gym for 14-days
During this time we are NOT allowing drop in’s.
I understand that failure to follow 3 Peaks CrossFit Physical Distancing Requirements could result in temporary membership suspension.

Assumption 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. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.

3 Peaks CrossFit has put in place preventative measures to reduce the spread of COVID-19; however, 3 Peaks CrossFit cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending 3 Peaks CrossFit could increase your risk and your child(ren)’s risk of contracting COVID-19.

By signing this agreement, I the undersigned acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending3 Peaks CrossFit and that such exposure or infection may result in personal injury, illness, permanent disability, and death.

I the undersigned understand that the risk of becoming exposed to or infected by COVID-19 at the 3 Peaks CrossFit may result from the actions, omissions, or negligence of myself and others, including, but not limited to, 3 Peaks CrossFit employees, volunteers, and program participants and their families.

I the undersigned voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my 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 3 Peaks CrossFit .

On my behalf, and on behalf of my children, I the undersigned hereby release, covenant not to sue, discharge, and hold harmless 3 Peaks CrossFit 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 the undersigned understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Club, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any3 Peaks CrossFit program.

the undersigned