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Waiver and Release of Liability

BoomTown CrossFit
703 Tinker Ave
Vinton,VA 24179

EXPRESS ASSUMPTION OF RISK

I, the undersigned, acknowledge and understand that there are significant risks associated with entering, accessing, utilizing, or participating in physical activities at the facility occupied by BoomTown CrossFit, including activities conducted by independent third-party businesses utilizing designated portions of the premises.

These risks include, but are not limited to, falls, slips, trips, collisions, physical exertion, muscle injuries, equipment malfunction or failure, improper equipment use, actions or omissions of other participants or individuals, and other hazards associated with physical activity or presence within a fitness facility.

I understand that these risks may exist throughout the premises, including workout areas, training spaces, shared areas, entrances, exits, hallways, restrooms, and parking areas.

I understand that participation in physical activities may result in serious injury, illness, permanent disability, or death.

I voluntarily acknowledge and assume the inherent risks associated with my participation in activities and my presence at the facility, to the extent permitted by applicable law.

I acknowledge that I am responsible for communicating any medical conditions, physical limitations, or other concerns relevant to my safe participation to the appropriate program provider.

RELEASE AND LIMITATION OF LIABILITY

In consideration of my voluntary participation in activities conducted at the facility occupied by BoomTown CrossFit, I acknowledge that BoomTown CrossFit, its owners, principals, officers, employees, coaches, agents, representatives, and volunteers are responsible for their own operations and legal obligations, but do not automatically assume responsibility for the independent activities of unrelated third-party providers utilizing the premises.

To the fullest extent permitted by applicable Virginia law, I release and discharge the above-named parties from claims for which a pre-injury release is legally enforceable, including applicable claims involving property damage or other legally waivable losses arising from my voluntary participation or use of the facility.

This release does not purport to waive personal-injury claims for negligence where such waivers are unenforceable under Virginia law, nor does it eliminate liability that applicable law does not permit to be excluded.

This agreement shall be binding upon me and, to the extent permitted by law, my successors, representatives, heirs, executors, and assigns.

If any portion of this agreement is determined to be invalid or unenforceable, the remaining provisions shall remain effective to the extent permitted by law.

INDEMNIFICATION AND PARTICIPANT RESPONSIBILITY

I understand that physical training and participation in activities at the facility involve inherent risks.

I accept responsibility for my own negligent or intentional actions that cause injury to another person or damage to property.

To the fullest extent permitted by applicable law, I agree to indemnify and hold harmless BoomTown CrossFit, its owners, principals, officers, employees, coaches, agents, representatives, and volunteers from third-party claims, damages, liabilities, and reasonable legal expenses arising from my negligent or intentional acts or omissions.

This indemnification provision shall not require me to indemnify any party for that party's own negligence or wrongful conduct where prohibited by applicable law.

INDEPENDENT THIRD-PARTY OPERATIONS – ASPIRE ATHLETICS

Independent Business Relationship

I, the undersigned, acknowledge and understand that Aspire Athletics is an independently owned and operated business utilizing designated space within the facility occupied by BoomTown CrossFit.

Aspire Athletics is not owned, operated, managed, supervised, or controlled by BoomTown CrossFit.

Aspire Athletics is independently responsible for its own business operations, programming, instruction, personnel, participant supervision, safety procedures, and services.

Aspire Athletics programs, including adaptive fitness, gymnastics, sports training, athletic conditioning, and other specialized programs, are not services provided, administered, or sold by BoomTown CrossFit.

Participation in Aspire Athletics does not automatically establish membership in BoomTown CrossFit.

The presence of Aspire Athletics within the facility does not, by itself, establish a partnership, joint venture, employment, or agency relationship between Aspire Athletics and BoomTown CrossFit.

Assumption of Risk Associated with Aspire Athletics

I acknowledge that participation in Aspire Athletics activities involves inherent risks, including but not limited to:

  • Falls, slips, trips, and collisions.

  • Injuries resulting from gymnastics, adaptive fitness, sports training, and other physical activities.

  • Improper use, failure, or malfunction of equipment.

  • Injuries involving other participants, instructors, or individuals.

  • Physical exertion, fatigue, strains, sprains, and other physical injuries.

  • Hazards associated with shared spaces and common areas of the facility.

I acknowledge and voluntarily assume the inherent risks associated with participation in Aspire Athletics programs and my presence at the facility, to the extent permitted by applicable Virginia law.

Independent Instruction and Supervision

I understand that Aspire Athletics is independently responsible for providing instruction, supervision, and safety procedures for its participants.

BoomTown CrossFit does not undertake responsibility for designing, administering, directing, or supervising Aspire Athletics programs.

I understand that BoomTown CrossFit personnel are not responsible for monitoring or supervising Aspire Athletics participants solely because Aspire Athletics operates within the same facility.

Nothing in this provision eliminates any duty or responsibility imposed on BoomTown CrossFit by applicable law.

Facility Use and Shared Areas

I acknowledge that Aspire Athletics operates within a facility that may also be utilized by BoomTown CrossFit, its members, employees, and other authorized individuals.

I understand that the premises may contain exercise equipment, weights, training apparatus, storage areas, and other potential hazards.

I agree to follow applicable facility rules, remain within authorized areas, and comply with instructions regarding equipment usage and restricted spaces.

I understand that shared spaces may include entrances, exits, hallways, restrooms, parking areas, and other common areas.

I acknowledge the inherent risks associated with accessing and utilizing these areas.

Claims Arising from Independent Third-Party Activities

I acknowledge that Aspire Athletics is responsible for its own acts and omissions, including those of its personnel, instructors, and representatives.

I understand that questions, concerns, incidents, and claims specifically relating to Aspire Athletics programming, instruction, or supervision should be reported to Aspire Athletics.

To the fullest extent permitted by applicable law, BoomTown CrossFit and its owners, principals, officers, employees, coaches, agents, representatives, and volunteers shall not be responsible for claims arising solely from Aspire Athletics' independent conduct where no legal responsibility is attributable to the protected parties.

Nothing in this agreement is intended to eliminate liability imposed by applicable Virginia law.

MINOR PARTICIPANTS AND PARENTAL CONSENT

If I am signing this agreement on behalf of a minor child, I represent that I am the child's parent or legal guardian and have authority to provide consent for the child's participation.

I acknowledge that physical activity, athletic training, gymnastics, adaptive fitness, and sports programs involve inherent risks, including serious injury.

I authorize the minor's voluntary participation in the applicable activities, subject to any required program-specific registration, medical information, accommodations, or consent procedures.

If my child participates in Aspire Athletics, I acknowledge that Aspire Athletics is independently responsible for administering and supervising its programs.

I understand that BoomTown CrossFit does not undertake responsibility for supervising Aspire Athletics participants solely because the programs occur within the same facility.

I agree to comply with applicable participant drop-off, pickup, supervision, and facility safety requirements.

I understand that this agreement does not waive any rights belonging to my child that cannot legally be waived under Virginia law.

EMERGENCY MEDICAL AUTHORIZATION

In the event of an injury or medical emergency involving me or a minor child for whom I am authorized to provide consent, I authorize personnel associated with the applicable program to contact emergency medical services and seek appropriate emergency assistance.

If I am signing on behalf of a minor, I authorize emergency medical evaluation or treatment when permitted by applicable law and when reasonably necessary under the circumstances.

I understand that this authorization does not guarantee the availability of medical personnel or establish an obligation for BoomTown CrossFit to provide medical supervision for independently operated third-party programs.

RHABDOMYOLYSIS ACKNOWLEDGMENT AND ASSUMPTION OF RISK

Rhabdomyolysis, also known as "Rhabdo," is a potentially serious medical condition involving the breakdown of skeletal muscle tissue and the release of muscle cell contents into the bloodstream. Severe cases can cause kidney injury and other life-threatening complications.

Exertional Rhabdomyolysis may occur following intense or unfamiliar physical exertion and can affect individuals of varying fitness levels.

Symptoms may include severe or unusual muscle pain, weakness, swelling, dark-colored urine, reduced urine output, or other concerning symptoms.

I, the undersigned, acknowledge that I have been informed of the potential risks associated with Rhabdomyolysis.

I understand that symptoms may not always be immediately apparent and that the absence of a particular symptom does not rule out the condition.

I agree to discontinue physical activity and seek prompt medical evaluation if I experience symptoms concerning for Rhabdomyolysis.

I understand that I should not rely solely upon coaches, instructors, or other individuals to recognize or diagnose this condition.

I acknowledge the inherent risks associated with strenuous physical activity and understand that this acknowledgment does not eliminate any legal duties owed by BoomTown CrossFit or other parties.

FINAL ACKNOWLEDGMENT AND AGREEMENT

I, the undersigned, acknowledge that:

  • I have read and understand this Waiver and Release of Liability.

  • I understand the inherent risks associated with physical activities and facility use.

  • I understand that independent third-party providers, including Aspire Athletics, may operate within the facility.

  • I understand that Aspire Athletics is independently responsible for its own programs, personnel, instruction, and participant supervision.

  • I agree to follow applicable facility rules and safety requirements.

  • I understand that certain provisions may affect my legal rights and obligations, including legally enforceable releases and indemnification obligations.

  • I understand that this agreement does not eliminate rights or claims that cannot legally be waived under Virginia law.

I voluntarily acknowledge and agree to the terms of this agreement.

PARENTAL CONSENT (FOR PARTICIPANTS UNDER THE AGE OF 18)

I, the undersigned parent or legal guardian of the minor participant, acknowledge that I have read and understand this agreement.

I consent to the minor's participation in the applicable fitness, athletic, or third-party programs.

I acknowledge the inherent risks associated with the minor's participation and agree to comply with applicable program and facility safety requirements.

I understand that my signature does not waive any rights belonging to the minor that cannot legally be waived.

PARTICIPANT INFORMATION AND SIGNATURE

the undersigned