NOTICE: THIS RELEASE AND WAIVER AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT VERY CAREFULLY AND UNDERSTAND IT BEFORE INITIALING OR SIGNING IT. PARENTS/LEGAL GUARDIANS SHOULD INITIAL OR SIGN ON BEHALF OF PARTICIPATING MINORS AFTER DISCUSSING EACH SECTION WITH THEM, INDICATING THAT BOTH THE MINOR AND THE PARENT/LEGAL GUARDIAN AGREE TO EACH SECTION.
RELEASE OF LIABILITY
CLIENT'S ACKNOWLEDGEMENT AND ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF CROSSFIT KONA: CLIENT ACKNOWLEDGES THAT THE PERSONAL TRAINING/NUTRITIONAL SERVICE PROGRAMS PURCHASED HEREUNDER INCLUDES PARTICIPATION IN STRENUOUS PHYSICAL ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, RUNNING, WEIGHT TRAINING, STATIONARY ROWING, GYMNASTIC MOVEMENTS, VARIOUS AEROBIC CONDITIONING EQUIPMENT AND VARIOUS NUTRITIONAL PROGRAMS OFFERED BY CROSSFIT KONA (THE "PHYSICAL ACTIVITIES"). CLIENT ACKNOWLEDGES THESE PHYSICAL ACTIVITIES INVOLVE THE INHERENT RISK OF PHYSICAL INJURIES OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, HEART ATTACKS, MUSCLE STRAINS, PULLS OR TEARS, BROKEN BONES, SHIN SPLINTS, HEAT EXHAUSTION, KNEE/LOWER BACK/FOOT INJURIES AND ANY OTHER ILLNESS, SORENESS, OR INJURY, HOWEVER CAUSED, OCCURRING DURING OR AFTER CLIENT'S PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT FURTHER ACKNOWLEDGES THAT SUCH RISKS INCLUDE, BUT ARE NOT LIMITED TO, INJURIES CAUSED BY THE NEGLIGENCE OF AN INSTRUCTOR OR OTHER PERSON, DEFECTIVE OR IMPROPERLY USED EQUIPMENT, OVER-EXERTION OF A CLIENT, SLIP AND FALL BY CLIENT, OR AN UNKNOWN HEALTH PROBLEM OF CLIENT.
CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITY ARISING FROM PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT AFFIRMS THAT CLIENT IS IN GOOD PHYSICAL CONDITION AND DOES NOT SUFFER FROM ANY DISABILITY THAT WOULD PREVENT OR LIMIT PARTICIPATION IN THE PHYSICAL ACTIVITIES. CLIENT ACKNOWLEDGES PARTICIPATION WILL BE PHYSICALLY AND MENTALLY CHALLENGING, AND CLIENT AGREES THAT IT IS THE RESPONSIBILITY OF CLIENT TO SEEK COMPETENT MEDICAL ADVICE REGARDING ANY CONCERNS OR QUESTIONS CONCERNING THE ABILITY OF CLIENT TO TAKE PART IN CROSSFIT KONA PHYSICAL ACTIVITIES. BY SIGNING THIS AGREEMENT, CLIENT AFFIRMS THAT HE OR SHE IS CAPABLE OF PARTICIPATING IN THE PHYSICAL ACTIVITIES. CLIENT AGREES TO ASSUME ALL RISK AND RESPONSIBILITIES FOR EXCEEDING HIS OR HER PHYSICAL LIMITS.
CLIENT, ON BEHALF OF CLIENT, HIS OR HER HEIRS, WAIVES ANY CLAIMS AGAINST AND RELEASES CROSSFIT KONA (AS WELL AS ANY OF ITS OWNERS, EMPLOYEES, OR OTHER AUTHORIZED AGENTS, INCLUDING INDEPENDENT CONTRACTORS) FROM ANY AND ALL LIABILITY, CLAIMS AND/OR CAUSES OF ACTION THAT CLIENT MAY HAVE FOR INJURIES OR OTHER DAMANGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PUNITIVE DAMAGES, ARISING OUT OF PARTICIPATION IN CROSSFIT KONA ACTIVITIES, INCLUDING, BUT NOT LIMITED TO THE PERSONAL TRAINING/NUTRITIONAL PROGRAMS AND THE PHYSICAL ACTIVITIES.
FITNESS PROGRAM MEMBERSHIP AGREEMENT SERVICES. The service being requested is for coaching designed to progress you toward ELITE FITNESS. The agreement is for coaching services over a specific period of time during which the student is eligible to partake in any and all activities in accordance with their membership package. This is NOT an agreement for a specific number of classes (UNLESS SPECIFIC CLASS PACKAGE WAS PURCHASED), seminars, or coaching lessons during the agreed upon period. If you do not use the number of classes in this agreement each week, there are no makeup classes and you will lose those classes.
REFUNDS: No refunds shall be made for down payments or services purchased.
PAYMENT & BILLING: Client has two options for payment: (1) Payment in full may be made for all services, or (2) Down payment followed by automatic monthly payments by credit card or EFT PLEASE READ NOTES ON MEMBERSHIP DETAILS WHEN PURCHASING. The date the Agreement is signed shall be the billing date for the Client. Each month on this date, the monthly payment is charged to the Client's credit card, or deducted from the Client's account.
CLIENT'S RIGHT TO CANCEL: The Client may not terminate or cancel the Agreement except as follows: If by reason of death or disability, Client is unable to receive all CROSSFIT KONA services for which Client has contracted, Client and Client's estate shall be relieved from the obligation of making payment for services other than those received or obligated prior to death or the onset of disability (subject to signed doctor's note regarding the nature of the disability)
CLIENTS RIGHT TO HOLD: NO HOLDS ARE ALLOWED OR APPLY. PURCHASE A MEMBERSHIP FOR THE TERM YOU ARE COMMITTED TO BUYING.
CLIENT'S DEFAULT: Client shall be deemed in default of this Agreement upon the failure to comply with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any payment as and when due. Upon default, CROSSFIT KONA shall have all rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If CROSSFIT KONA delays or refrains from exercising any rights under this Agreement, CROSSFIT KONA does not waive, nor will CROSSFIT KONA lose those rights. If CROSSFIT KONA accepts late or partial payments from the Client, CROSSFIT KONA does not waive the right to receive full and timely payments and other charges due under this Agreement.
SUCCESSORS AND ASSIGNS: Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, Personal Representatives, lawful successors, and assigns of Client, and anyone claiming by or through Client.
ENFORCEABILITY: The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provision or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. However, Client specifically agrees all the terms and conditions are to be enforced and Client specifically waives any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this Agreement.
GOVERNING LAW: This Agreement shall be governed and enforced in accordance with the laws of the State of Hawaii. In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, CROSSFIT KONA and Client agree that the venue for such action shall exclusively be Hawaii County, Hawaii.
ATTORNEY FEES: In the event either party finds it necessary to commence litigation or other court action to enforce the terms and conditions of this Agreement, the prevailing party in such litigation or court action shall be entitled to receive their actual attorney's fees incurred, together with court costs, and other charges from the other party as a part of any ruling or judgment.
ASSUMPTION OF THE RISK AND WAIVER OF LIABILITY RELATING TO COVID-19 By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by attending CROSSFIT KONA 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 CROSSFIT KONA may result from the actions, omissions, or negligence of myself or others, including, but not limited to the CROSSFIT KONA Staff. I voluntarily agree to assume all of the foregoing risk and accept sole responsibility for and injury to myself including, but not limited to, personal injury, disability, death, illness, damages, loss, claim, liability, or expense of any kind, that I experience or incur in connection with my attendance at CROSSFIT KONA. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless CROSSFIT KONA its employees, volunteers, staff, agents, and representatives, of and from claims including all liabilities, claims, actions, damages, costs or expenses and claims based on the actions, omissions, or negligence of CROSSFIT KONA its employees, agents, and representatives, whether a COVID-19 infection occurs before, during or after participation at CROSSFIT KONA.
RUNNING ON THE SIDE OF ROADS CROSSFIT KONA GIVES CLIENTS THE OPTION TO NOT RUN ON THE SIDE PRIVATE ROADS OR PUBLIC ROADS. By signing this document client acknowledges that participation in CROSSFIT KONA activities (including running, jogging or walking) on the side of private roads, public roads or highways entail known and inherent risks, as well as unknown and unanticipated risks that could result in physical or emotional injury, illness, paralysis, death, or damage to me, my child, my property, or to third parties. CROSSFIT KONA does not permit any running, walking, jogging or any activity on public highways or roads.
CHILD AREA CROSSFIT KONA is not responsible for care of client’s child while client engages in CROSSFIT KONA activities. Children are not permitted to play or do activities in the parking area or public roads along CROSSFIT KONA facilities. Children are permitted to engage in activities within 50 FEET of their Parent or Legal Guardian while a client engages in CROSSFIT KONA activities. By signing this document clients acknowledge risks, including risks stemming from motor vehicular traffic near CROSSFIT KONA, to their child and hereby release CROSSFIT KONA from any liability in activities their child engages in while at CROSSFIT KONA facilities and/or locations.
CHILDREN WALKING TO AND FROM CROSSFIT KONA Client acknowledges that client, or the Minors for whom client signs, transportation (albeit driving, walking, running or jogging along or on private roads, public roads or highways) to and from CROSSFIT KONA facilities or locations entail known and inherent risks, as well as unknown and unanticipated risks that could result in physical or emotional injury, illness, paralysis, death, or damage to me, my child, my property, or to third parties. CROSSFIT KONA shall not be liable or responsible for children’s safety for travel to and from CROSSFIT KONA facilities and/or locations. If client does have a child walking unattended, client must sign the following: I hereby give permission for my child to walk to and from CROSSFIT KONA facilities and/or locations and acknowledge that CROSSFIT KONA will not be responsible for the safety of my child while walking to and from CROSSFIT KONA facilities and/or locations.
PREEXISTING MEDICAL CONDITIONS WARRANTIES Clients that have preexisting medical conditions must disclose such to CROSSFIT KONA. Furthermore by signing this document client, if client does have a preexisting medical conditions, must acknowledge that client has been given permission from client’s doctor to engage in CROSSFIT KONA activities. If applicable clients with preexisting medical conditions or defects must sign the following: I have been given permission by my doctor to engage in CROSSFIT KONA activities.
I hereby acknowledge, agree, and represent that I, or the Minor for whom I sign, understand the nature of the CROSSFIT KONA Activity, have no physical infirmity, chronic ailment, and/or injury of any nature, am in good health and physically and mentally able to participate in CROSSFIT KONA Activities. I am not pregnant or aware of any medical conditions, such as but not limited to heart, back or neck injuries, that could be aggravated by participating in the Activity or that would prohibit my, or the Minor for whom sign, participation in the Activity. I further agree and warrant that I, or the Minor for whom I sign, shall use due care and caution during the use and enjoyment of the Activity and shall immediately report to the Company any unsafe conditions or unauthorized use witnessed by the undersigned. I agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the CROSSFIT KONA Activity
PHOTOGRAPHY/VIDEO RELEASE: Participants involved in any activities offered by CrossFit Kona may be photographed or videotaped during training. The undersigned hereby consents to the use of these photographs and/or videos without compensation, on the CrossFit Kona website or in any editorial, promotional or advertising material produced and/or published by CrossFit Kona
CONFIRMATION I confirm I am capable of using the equipment provided to me by CROSSFIT KONA and I will comply with all of the instructions, including those given verbally and/or visually, and safety requirements, provided to me by CROSSFIT KONA, and the CROSSFIT KONA designated EMPLOYEES OR AGENTS including, but not limited to: (1) Client will not make any adjustments to my equipment and I agree that all adjustments will be made only by or AT THE DISCRETION of a CROSSFIT KONA COACH OR AGENT. (2) Client will not smoke, drink alcohol, use illegal/unprescribed drugs, or use any open flame at any time during or 6 hours prior to the CROSSFIT KONA ACTIVITY.
MEDICAL EMERGENCY I hereby consent to receive medical treatment, for me and/or the Minor, including but not limited to, first aid and emergency transport, which may be deemed advisable in the event of injury, accident and/or illness during the Activity. I understand that the Activity I am participating in is sometimes conducted at sites that are remote from available medical assistance and agree to proceed with such participation in spite of the possible absence of medical assistance. I agree I will be personally responsible for the cost of any emergency or other medical care that I receive.
RELEASE AND INDEMNIFICATION I hereby voluntarily release and forever discharge CROSSFIT KONA 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, or that of the Minor, in this CROSSFIT KONA Activity, including specifically, but not limited to, the negligent acts or omissions, or breach of contract of the CROSSFIT KONA, for any and all injury, death, illness, or disease, and damage to my person and property. I further agree, promise and covenant I will indemnify, save and hold harmless CROSSFIT KONA from any and all losses, claims, actions, costs, expenses, or proceedings of any kind which may be initiated by any third person, entity or organization for its loss or damage arising out of my participation in the CROSSFIT KONA Activity, including reimbursement of all legal costs and reasonable attorneys’ fees incurred by CROSSFIT KONA in defending against any such claim, action or proceeding. I agree, promise and covenant not to sue, assert or otherwise maintain or assert any claim against the CROSSFIT KONA for any injury, death, illness or disease, or damage to my property, arising from or connected with my participation, or that of the Minor, in this Activity.
ACKNOWLEDGMENT OF EFFECT OF THIS RELEASE AGREEMENT I understand and acknowledge that by initialing and/or signing this document I have given up certain legal rights and/or possible claims which I might otherwise assert or maintain against CROSSFIT KONA including specifically, but not limited to, my right to sue and rights arising from or claims for the acts or omissions, negligence in any degree, of CROSSFIT KONA. I further acknowledge I have signed it freely and without any inducement or assurance of any nature, and I intend it to be as broad and inclusive in favor of the State of Hawaii as permitted by the laws of the State of Hawaii and that if any provision herein is held to be invalid, it is agreed that the remaining provisions shall, notwithstanding, continue in full force and effect. I further agree that any claim, action or dispute arising under this agreement or as a result of my participation in the Activity shall be commenced in the Third Circuit Court of the State of Hawaii.
ENTIRE AGREEMENT I understand and agree that this agreement is made with full knowledge of the facts and legal implications of entering into such an agreement and that it cannot be modified or changed in any way by the representations or statement of any employee or agent of CROSSFIT KONA, or by me. I further agree that this agreement contains the entire agreement between the parties, hereto, and the terms of this agreement are contractual and mere recitals.
ACKNOWLEDGMENT OF EFFECT OF THIS RELEASE AGREEMENT My signature below indicates I have read this entire document or had it explained to me if I do not read or speak English, and that I understand it completely and agree to be bound by its terms.
