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GV Athletics Liability Waiver (9627)

 **GV Athletics Waiver of Liability and Release** 


 (“I”, “Me”, “Myself” or the “Participant”) admit knowingly and willingly that I have enrolled in a physical fitness activity (or CrossFit) that includes, but is not limited to, running, jumping, rope climbs, stretching, strength training, agility drills, boxing (traditional and kick boxing), weightlifting, bodybuilding, strength training, mixed martial arts (MMA). In consideration of my entry and of my own free will, I do hereby for myself and my heirs, executors, and administrators, all personal representatives, relatives, spouse, assigns, next of kin, waive, release and discharge any and all claims, demands, liability, damages, costs, legal actions, and expenses of any kind (including personal injury to me, property, or my wrongful death) against GV Athletics and its employees, and any parties, persons or participants involved in the physical fitness activity (or CrossFit) and all of its affiliates including but not limited to instructors, participants, facilities. I fully understand that I may injure myself as a result of my participation in this physical fitness activity (or CrossFit) and hereby waive, release and discharge GV Athletics and aforementioned parties, persons, and its affiliates, locations and facilities from any liability, causes of action, damages, costs and expenses, legal actions, and all claims, now or in the future, including but not limited to medical procedures, examinations, surgeries, rehabilitation sessions, heart attacks, chest pains, muscle strains and sprains, muscular pulls and tears, broken bones, shin splints, heat exhaustion, knee, back, or foot injuries and any other illness, soreness, or injury, however caused, occurring during or after my participation in this physical fitness activity (or CrossFit). It is further agreed that all exercises including the use of equipment, as well as travel to and from the physical fitness activity (or CrossFit) locations shall be AT MY OWN RISK. This waiver of liability and release is intended to be as broad and inclusive as is permitted by the laws of the State of Arizona and that if any portion of this waiver of liability and release is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect under applicable law. 


I declare myself physically and mentally sound and suffering from no medical condition, impairment, disease, infirmity, or other illness that would prevent my participation in training sessions or my use of equipment used in the physical fitness activity (or CrossFit). I acknowledge I have been informed of the need for current health insurance and a physician’s approval for my participation in an exercise/fitness activity or in the use of equipment. I recognize it is my sole responsibility to obtain an examination by a physician prior to involvement in any physical fitness or exercise activity. I acknowledge I have either had a physical examination and been given my physician’s permission to participate, or if I have chosen not to obtain a physician’s permission prior to beginning this physical fitness or exercise activity with GV Athletics, I acknowledge I am doing so at my own risk. I acknowledge that my enrollment and subsequent participation is purely voluntary and in no way mandated by GV Athletics and/or any related parties, persons and its affiliates.


I recognize that exercise might be difficult and strenuous and that there could be dangers inherent in exercise for some individuals. I acknowledge that the possibility of certain unusual physical changes during exercise does exist. These changes include abnormal blood pressure; fainting; disorders in heartbeat; heart attack; and, in rare instances, death. I understand that as a result of my participation in a physical fitness or exercise activity, I could suffer an injury or physical disorder that could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life. I acknowledge and agree that I assume the risks associated with any and all activities and/or exercises in which I participate. I acknowledge and agree that no warranties or representations have been made to me regarding the results I will achieve from this physical fitness activity. I understand that results are individual and may vary. 


I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. BY SIGNING THIS DOCUMENT, I AM WAIVING ANY RIGHT I OR MY SUCCESSORS, HEIRS, EXECUTORS AND ADMINISTRATORS, ALL PERSONAL REPRESENTATIVES, SPOUSE, RELATIVES, ASSIGNS, NEXT OF KIN, MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST JESUS M DURAN, JULIAN HAMILL,MARY ANN HAMILL,  GVCF AND ITS EMPLOYEES AND THE FOREMENTIONED PARTIES, PERSONS OR PARTICIPANTS, LOCATIONS AND FACILITIES. THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS JESUS M DURAN, JULIAN HAMILL,MARY ANN HAMILL, GVCF AND ITS EMPLOYEES, AND THE FOREMENTIONED PARTIES, PERSONS OR PARTICIPANTS, ITS AFFILIATES, LOCATIONS AND FACILITIES, AGAINST ALL CLAIMS, ANY LOSS, LIABILITY, CAUSES OF ACTION, DAMAGES, JUDGMENTS, COSTS OR EXPENSES, INCLUDING ATTORNEY FEES AND OTHER LITIGATION COSTS, WHICH MAY IN ANY WAY ARISE FROM MY VOLUNTARY PARTICIPATION IN THE PHYSICAL FITNESS ACTIVITY (OR FITNESS BOOT CAMP) CAUSED BY THE NEGLIGENCE OF  JESUS M DURAN, JULIAN HAMILL,MARY ANN HAMILL, GVCF AND ITS EMPLOYEES, PARTIES, PERSONS OR PARTICIPANTS, AND ITS AFFILIATES. 


If participant is under 18 years of age, parent/ guardian must sign below on behalf of the participant or minor. I have fully read this waiver of liability and release and fully understand its content. Furthermore, the significance of this release of liability and assumption of risk agreement has been EXPLAINED TO THE MINOR. I certify that I have custody or am the legal guardian of said minor and that I and/or my minor child are physically able to participate in the physical fitness activity (or CrossFit). In the event I or said minor requires medical treatment while under the supervision of  JESUS M DURAN, TRISCHA DURAN, JULIAN HAMILL, MARY ANN HAMILL, GV Athletics and its employees and the aforementioned parties, persons and its affiliates, I authorize said staff to provide and/or authorize medical treatment. I expect  JESUS M DURAN, TRISCHA DURAN, JULIAN HAMILL, MARY ANN HAMILL, GV Athletics and its employees and the aforementioned parties, persons and its affiliates to contact me immediately in the event emergency medical treatment is required for said minor, but this contact is not necessary to administer emergency aid. I will pay for all medical treatment which I or said minor may require. 


RHABDOMYOLYSIS (“RHABDO”)

RELEASE  AND WAIVER


I, First name Last name , in consideration  for continued access to the training facility identified herein as  (GV Athletics/GV CrossFit), do hereby acknowledge the significant risks associated with the physical training and programing at this facility. I acknowledge and attest to having fully and carefully read and reviewed this “RELEASE AND WAIVER” including all subparagraphs prior to engaging in any physical activity at this facility.


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.


I understand and have been advised that generally the pain that is referred to as 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 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 acknowledge and understand that all individuals engaged in demanding workouts are potentially exposing themselves to Rhabdo or other injuries/negative physical results. However, 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 and/or prior military personnel, law enforcement or firefighters. I acknowledge that often the more mentally tough a potential athlete is and the more athletic they were in the past or currently are, the greater the risk of exposure to Rhabdo.


I  acknowledge  and  fully  understand  that  statistically  the  chances  of  me  developing Rhabdo are extremely slight, but I likewise appreciate the necessity that I be aware of the symptoms of this condition. I 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.


With  the  opportunity to  fully inform  myself  about  Rhabdo  and  the  risks  thereof,  I knowingly and freely assume and accept all such risks both known and unknown. I assume full responsibility and all risks from my participation in any physical activity at the facility. 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.


There is a wealth of medical and popular information regarding the condition known as Rhabdomyolysis available  on the internet.   It is strongly recommended that you review and evaluate information from all sources available to you, including your physician, prior to executing this Release or participating in strenuous physical activity.

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 Media Waiver
           

Pictures taken at our facility will and can be used at our discretion

I have read the above list of possible risks associated with my participation in the Activities offered by GV Athletics.


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COVID WAIVER

I acknowledge the contagious nature of Coronavirus/COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing and wearing face coverings.

I further acknowledge and agree that GV Athletics has put in place reasonable preventative measures to reduce the spread of Coronavirus/COVID-19 and other viruses and illnesses.

I further acknowledge and agree that GV Athletics cannot guarantee that I will not become exposed to or infected with Coronavirus/Covid-19 or any other virus or illness while using GV Athletics facilities or equipment. I understand and agree that the risk of exposure to Coronavirus/COVID-19 and other viruses and illnesses is inherent and unavoidable with regard to the activity of visiting and working out in a gym or similar facility.
I understand and agree that this risk may result from the actions, omissions, or negligence of myself and/or others, including, but not limited to, GV Athletics staff, members, clients, guests, and others using or visiting GV Athletics facilities.
I voluntarily seek services provided by GV Athletics and acknowledge that by doing so I am increasing my risk of exposure to Coronavirus/COVID-19 and other viruses and illnesses. I acknowledge that I must comply with procedures to reduce the spread or Coronavirus/COVID-19 and other viruses and illnesses at any GV Athletics facility.
  • For my protection and the protection of others , in consideration of being granted access to GV Athletics facilities and equipment, and knowing that GV Athletics and its staff, members, clients, guests, and others will act in reasonable reliance on the truth of my statements herein, I represent, warrant, and attest that:

  • I am not experiencing any symptom of illness, including but to limited to cough, shortness of breath or difficulty breathing, fever, chills, shaking, muscle pain, headache, sore throat, or loss of taste or smell.
  • I have not traveled internationally within the last 14 days.
  • I have not traveled to a highly impacted area within the United States of America in the last 14 days.
  • I have not been exposed to anyone with a suspected and/or confirmed case of Coronavirus/COVID-19 or any other contagious disease or illness in the last 14 days.
  • I have not been diagnosed with Coronavirus/Covid-19 or any other contagious disease or illness (unless I have also been cleared as non-contagious by public health authorities after being so diagnosed).
  • I have been following and will continue to follow all applicable guidelines relating to the prevention of disease and prevention of the spread of disease issued by the CDC and by the public health departments/officers of the cities, counties and states in which I work, live, and visited within the past 14 days, and in which the GV Athletics facilities which I use are located.
  • On behalf of myself, my family members, my heirs, representatives, and successors, I hereby willfully and voluntarily acknowledge and accept the risks of being present at and using LiveFit Gym facilities and equipment and being near others using LiveFit Gym facilities and equipment, and to the maximum extent permitted by law release and agree to hold GV Athletics harmless from any and all causes of action, claims, demands, damages, costs, expenses and compensation for injury, illness, damage or loss to myself and/or property that may be caused by any act or failure to act (including ordinary negligence) of GV Athletics, or that may otherwise arise in any way in connection with any services received or my presence at any GV Athletics facility. 
  • I understand that this liability release and waiver supplements and does not replace or reduce any liability release and/or waiver I have previous agreed to, such as in my GV Athletics membership agreement

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Children Brought to Gym WAIVER/CLAUSE

I Understand GV Athletics currently does not offer supervised childcare. I understand it is not GV Athletics responsibility to supervise my children whether inside or outside the facility. I assume all responsibility for any injuries caused to any children I may have brought in or around GV Athletics.

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This waiver covers any programs outsourced by GV Athletics which include Jazzercise, Cardio Pump, Sculpt Bootcamp, Yoga for Healthy Living, and Yoga For Men.


I consent to taking all of the above noted risks by VOLUNTARILY PARTICIPATING in the Activities of GV Athletics/GV CrossFit.




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