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Waiver

Please read carefully before agreeing to this acknowledgement, waiver and release form liability (AWRL)

 

I acknowledge that the CrossFit RE class(es) or event(s) may be an extreme test of a person’s physical and mental limits and carries with it the potential for injury and/or property loss. I hereby assume the risk of participating in, and training for, the CrossFit RE class(es) or event(s). I certify that I am physically fit, have sufficiently trained for participation in this class(es) or event(s), and have not been advised against participation by a qualified health professional. I acknowledge that my statements on this AWRL are being accepted by Darrick Bourgeois, BeckyJo Bourgeois, CrossFit RE, The Rugged Elite Co. and its Agents in consideration for allowing me to become a member of the CrossFit RE class and are being relied upon by Darrick Bourgeois, BeckyJo Bourgeois, CrossFit RE, The Rugged Elite Co. and its Agents. In consideration for allowing me to become a participant of the CrossFit RE class(es) and allowing me to participate in this event(s) I hereby take the following action for myself, my executors, administrators, heirs, next of kin, successors and assigns, or anyone else who might claim or sue on my behalf and I expressly acknowledge that it is my intent to take these actions: (A) I agree to abide by the rules adopted by Darrick Bourgeois, BeckyJo Bourgeois, CrossFit RE, The Rugged Elite Co. and its Agents and I acknowledge that my membership may be revoked for violation of the rules; (B) I agree that prior to participating in a class or event I will inspect the facilities, equipment, and areas to be used and if I believe any are unsafe I will immediately advise the person supervising the class or event; (C) I waive, release, and forever discharge from any and all claims, losses (economic and non-economic), or liabilities, for death, personal injury, partial or permanent disability, property damage, medical or hospital bills, theft, or damages of any kind, which may in the future arise out of, result from, or relate to my participation in, training for, or my traveling to or from this class(es) or event(s), the following persons or entities: Darrick Bourgeois, BeckyJo Bourgeois, CrossFit RE, The Rugged Elite Co. and its Agents, volunteers, all states, cities, countries, or other governmental bodies or locations in which events or segments of events are held, and the officers, directors, employees, representatives and agents of any of the above, even if such claims, losses, or liabilities are caused by the negligent acts or omissions of the persons I am hereby releasing or are caused by the negligent acts or omissions of any other person or entity; (D) I acknowledge that there may be traffic or persons on the facilities or areas to be used, and I assume the risk of participating in this class(es) or event(s) sanctioned by Darrick Bourgeois, BeckyJo Bourgeois, CrossFit RE, The Rugged Elite Co. and its Agents under these circumstances. I also assume any and all other risks associated with participating in, or training for, this class(es) or event(s) including but not limited to falls, contact and/or effects with other participants, effects of weather including heat, cold and/or humidity, defective equipment, the condition of the roads, water hazards, contact with other participants, and any hazard that may be posed by spectators or volunteers, all such risks being known and appreciated by me; and I further acknowledge that these risks include risks that may be the result of the negligence of persons or entities mentioned above in subparagraph (C) or of other persons or entities. I further covenant and agree not to sue any of the persons or entities mentioned above in subparagraph (C) for any of the claims, losses, or liabilities I have waived, released, or discharged herein; and I indemnify and hold harmless the persons or entities mentioned above in subparagraph (C) from any and all expenses incurred, claims made, or liabilities assessed against them, including but not limited to attorneys’ fees and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, (I) my actions or inactions, (II) my breach or failure to abide by any part of this AWRL including but not limited to my covenant not to sue; (III) my breach or failure to abide by any of the Competitive Rules; or (IV) any other harm caused by me.

 

I further grant permission for the use of my name and/or likeness relating to my participation in a Darrick Bourgeois, BeckyJo Bourgeois, CrossFit RE, The Rugged Elite Co. and its Agents training event or class and I waive all rights to any future compensation to which I may otherwise be entitled as a result of the use of my name or likeness.

 

I hereby authorize any licensed physician, emergency medical technician, hospital, or other medical or health care facility ("Medical Provider”) to treat or relieve any injuries arising out of or relating to any event sanctioned by Darrick Bourgeois, BeckyJo Bourgeois, CrossFit RE, The Rugged Elite Co. and its Agents. I authorize any such Medical Provider to perform all procedures deemed medically advisable by the Medical Provider in attempting to treat or relieve any such injuries and any related conditions that may be encountered during the course of attempting to treat or relieve such injuries. I consent to the administration of anesthesia as deemed advisable during the course of such treatment. I realize and appreciate that there is a possibility of complications and unforeseen consequences in any medical treatment and I assume any such risk. I acknowledge that no warranty is being made as to the results of any medical treatment.

 

Severabilty. If any provision of this Liability Waiver shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Liability Waiver and shall not affect the validity and enforceability of any remaining provisions.

 

By signing this form, I acknowledge that anemia, sickle cell, and/or the use of statins increases my risk of rhabdomyolysis and can cause more intense feelings of soreness.

  

I hereby affirm that I am eighteen (18) years of age or older, I have read this document, and I understand its content.



Please answer the following questions:


Contract

I authorize The Rugged Elite Co. (CrossFit RE, SODO CrossFit) to transfer electronic funds on a recurring basis from the checking, savings, or credit card account I specified for my membership dues. This authorization is to remain effective until The Rugged Elite Co. (CrossFit RE, SODO CrossFit) has collected for all charges assessed in connection with the terms and conditions of this Agreement.


Membership Term: I acknowledge and agree that I will maintain membership and pay the dues specified above for a term of 1 month from the specified start date. I agree that I will be liable for dues for the entire term of this agreement in the amounts as stated herein regardless of usage or any change of circumstance. I acknowledge I may cancel this contract with no penalty if I move 15 miles or more away from the facility or if I become injured or ill and have a note from a doctor stating I can no longer perform exercise, and that I will request cancellation 15 days before my next bill date. I acknowledge there will be no refund once a payment has been processed, unless the charge is made in error by the seller.


Payment: I understand my payments are due on the same day of each calendar month.


Membership Renewal: After the 1-month Term has expired, this Agreement shall automatically terminate. Unless I am on a month-to-month membership then it will continue from month-to-month at the prevailing membership rate, which is subject to change, until I contact The Rugged Elite Co. (CrossFit RE, SODO CrossFit) by emailing office@crossfitre.com to cancel with a 15-day notice. I am responsible for all charges billed or incurred prior to cancellation. I further agree that my membership benefits are exclusive to me and are in no way transferable to anyone else.


Freeze Your Auto Pay: You may put your account on hold ONLY if you cannot perform exercise due to extreme illness, injury or other related health factors OR will be traveling away from home more than 15 miles out of town for a minimum of 2 weeks (14 days) time. To freeze your auto pay, a completed request must be submitted via email to office@crossfitre.com at least 15 days in advance of your next billing date in order for your request to be effective for the following month. Billing date is based on your activation date. Accounts can be frozen for a maximum of 2 months per 12-month and 6-month contracts, and 1 month per 3-month contracts.


The Rugged Elite Co. (CrossFit RE, SODO CrossFit) agrees to provide and the Student agrees to purchase competent instruction in CrossFit, including but not limited to, weightlifting, powerlifting, kettlebells, plyometrics, gymnastics, mobility, and strongman supervised by qualified personnel trained in the procedures of such movements.


The Student acknowledge and agrees as follows:


1. I have chosen to enter into one or more of the following program(s) and classes:

CrossFit Classes (including MetCon)

Start Strong Program

Boot Camp


2. Upon completion and full payment of any phase or program, students wishing to continue with the next phase or program must enter into a new Agreement.


3. The Rugged Elite Co. (CrossFit RE, SODO CrossFit) or any party designated by The Rugged Elite Co. (CrossFit RE, SODO CrossFit) may photograph or film me while I attend the premises of The Rugged Elite Co. (CrossFit RE, SODO CrossFit) and use of any and all such photos, video footage and/or video streaming for promotion, sales, publicity and advertising purposes for all media, including, but not limited to, the internet.


4. CrossFit requires physical exertion which may be strenuous and cause physical injury, and I am fully aware of the risks and hazards involved. I hereby represent that I am physically fit to receive and participate in the prescribed course of instruction. I acknowledge that I have been advised to consult with a physician prior to and regarding my participation in the Classes and that my physician has confirmed to me that I have no medical condition which would affect my full participation in the Classes.


5. I will comply with all the rules and regulations of The Rugged Elite Co. (CrossFit RE, SODO CrossFit).


6. I will pay a service charge of $20.00 for any payments 10 days past due. If there are three payments which are 10 days past due during the period of this Agreement, I agree to pay 50% of the remaining balance of the Agreement, in addition to any and all recovery charges incurred.


7. I hereby agree that if The Rugged Elite Co. (CrossFit RE, SODO CrossFit) is unable to process my payment from the designated account provided by me, The Rugged Elite Co. (CrossFit RE, SODO CrossFit) is permitted to use any of the other accounts information provided as many times and as often as needed to replace the unpaid payments and service charges as explained on section 6 of this agreement.


8. In addition to any rights and remedies it may otherwise have, The Rugged Elite Co. (CrossFit RE, SODO CrossFit) may terminate this Agreement upon 15 days' written notice to me if I fail to comply with my obligations under this Agreement and do not cure any such failure within ten days after receiving notice of such failure.


9. Failure to attend the Classes does not relieve me of the obligation to pay the full tuition for the program or phase in which I am currently enrolled.


10. I understand this agreement may be canceled at any time by paying a cancellation fee equal to 50% of the remaining balance on the contract from the date of cancellation notification. If the student and/or co-signer wish to cancel this agreement on the stated terms set out, they may do so by sending a 15 day written notice, delivered by email to office@crossfitre.com


11. I confirm that the provisions in this Agreement constitute the entire agreement between the parties hereto and supersede all prior communications, proposals, representations and agreements, whether oral or written with respect to the subject matter of this Agreement.


12. The Rugged Elite Co. (CrossFit RE, SODO CrossFit) is committed to protecting the privacy of our customers. We make every effort to ensure that the information you share with us is recorded accurately, retained securely and used only according to your wishes. We collect personal details necessary to communicate with you, and manage our ongoing business relationship with you. If you have any questions about how your personal information is handled or distributed, or if you wish to receive a full copy of our full privacy policy, please contact office@crossfitre.com.


13. I acknowledge receiving a copy of this Agreement.


14. I understand my rights and obligations as stated above. I confirm that I am the full age of eighteen years (unless otherwise indicated below) and that I have read and understood this release and waiver of liability and I am aware that by signing this Agreement I am waiving certain legal rights, including the right to claim damages which I or my heirs, executors, administrators, successors or assigns my have against The Rugged Elite Co. (CrossFit RE, SODO CrossFit).


15. Right of cancellation: You may cancel this Agreement from the day you enter the Agreement until 10 days after you receive a copy of this Agreement. You do not need a reason to cancel. If you cancel this contract, The Rugged Elite Co. (CrossFit RE, SODO CrossFit) has 15 days to refund our money. To cancel, you must email notice of cancellation to office@crossfitre.com. It doesn't matter if the seller receives the notice within the required period as long as you sent it within the required period.

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