THIS DOCUMENT DOES NOT REMOVE THE STATUTORY OBLIGATIONS OF REPS MMA CROSSFIT EDWARD STR NOR SEEK TO EXCLUDE LITIGATION FOR GROSS NEGLIGENCE. THE INTENT OF THIS DOCUMENT IS TO ENTER INTO AN AGREEMENT BETWEEN THE PARTICIPANT OR THEIR PARENT/GUARDIAN AND REPS MMA CROSSFIT EDWARD STR ACKNOWLEDGING THE RISKS ASSOCIATED WITH PARTICIPATION IN FITNESS AND OR MARTIAL ARTS, WHETHER WITH A COACH / STAFF MEMBER OF REPS MMA CROSSFIT EDWARD STR OR BY THE PARTICIPANT SELF ON THEIR OWN OR GROUP ACTIVITIES AND WHERE APPLICABLE, INCLUDES A VOLUNTARY ASSUMPTION OF RISK BY PARTICIPANTS, PARENTS AND LEGAL GUARDIANS.
PARTICIPANT CONSENT, WAIVER AND RELEASE FROM LIABILITY
I acknowledge that participating in activities sanctioned REPS MMA CROSSFIT EDWARD STR involves a risk of personal injury to me and damage to property belonging to others and me. I knowingly and voluntarily agree to the terms and conditions outlined in this Waiver and Release from Liability.
IN EXCHANGE FOR BEING PERMITTED TO PARTICIPATE IN REPS MMA CROSSFIT EDWARD STR PROGRAMS, I AGREE TO THE FOLLOWING:
a. I am in good health, have no physical conditions that affect my ability to participate in any sanctioned activity conducted by REPS MMA CROSSFIT EDWARD STR and have not been advised otherwise by a medical practitioner. I also further undertake to complete the COVID 19 questionnaire below, on behalf of the participant, whether for myself or for another person, and that i will do so to the best of my ability. I understand that providing false information may lead to severe consequence for the participant / parent / family member / friend / legal guardian / guardian.
b. I agree that I will immediately advise REPS MMA CROSSFIT EDWARD STR if I observe any unsafe condition with grounds, facilities, video material and instructionals.
c. I assume all risks associated with my participation including without limitation the risk of any negligence or recklessness by other participants. I understand that there may be risks involved which are not known to me or to REPS MMA CROSSFIT EDWARD STR at this time or at the time of the activities in which I may participate, and agree to assume such unforeseeable risks, INCLUDING BUT NOT LIMITED, serious injury and even Death.
d. I agree to indemnify, defend and hold harmless to REPS MMA CROSSFIT EDWARD STR and their employees, agents and volunteers from and against any claims, causes of action, damage, judgements, liabilities, fees (including legal fees), costs and expenses incurred by REPS MMA CROSSFIT EDWARD STR as a result of my unlawful actions or failure to act during any activity.
This Waiver is a legally binding agreement and will be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. Any provisions found to be unenforceable shall not affect the validity of enforceability of any other provisions, which may be modified by a court having jurisdiction.
REPS MMA CROSSFIT EDWARD STR will not reimburse members who are unable to sustain the full quantity of programmed Fitness session. Specific cases with external complications will be looked at case by case.
Please understand that despite all the precautions that you, other members, and/or Reps MMA CrossFit Edward Str may take, we cannot guarantee your health or safety, and you may still be exposed to COVID-19, including through interactions with other individuals who have COVID-19. By executing this release and gaining access to the facility, you, on behalf of yourself, your heirs, beneficiaries, representatives, successors and assigns: (1) voluntarily assume all risks associated with any exposure to COVID-19, including, but not limited to suffering any type of medical condition, illness and, potentially, death; and (2) knowingly and voluntarily waive, release, covenant not to sue, forever discharge, indemnify, and hold harmless RepsMMACrossFitEdwardStr, its parents and subsidiaries and their respective officers, directors, employees, contractors, agents, representatives, successors, coaches, trainers and assigns (“Released Parties”) includes without limitation Reps MMA CrossFit Edward Str, Rio Grappling Club, BullyStop, RHMMA, Parents, each of their respective past, present and future parents, members, Affiliates, subsidiaries, divisions, predecessors, successors, assigns, funds, employee benefit plans and trusts, and all past, present and future managers, directors, officers, partners, agents, employees, attorneys, representatives, consultants, associates, fiduciaries, plan sponsors, administrators and trustees of each of the foregoing and each of their respective successors and assigns, from any and all liability, damages, losses, suits, demands, causes of action to the fullest extent permitted by the laws of this state/ province/ Country, or any other claims of any nature whatsoever, arising out of or relating in any way to your use of the facility and your potential exposure to COVID-19.
I have read this document and I understand that by signing below, I have given up substantial rights, I have voluntarily signed this release, without any duress or undue pressure from REPS MMA CROSSFIT EDWARD STR.