RELEASE AND INDEMNIFICATION AGREEMENT
PLEASE READ THIS DOCUMENT CAREFULLY. BY SIGNING, YOU ARE GIVING UP LEGAL RIGHTS
This Release and Indemnification Agreement (Agreement) is entered into by the Adult Participant, and if any minor, the Adult Participant on behalf of and as a parent or legal guardian for the Child Participant(s) in favor of Fallen Fitness LLC DBA Crossroad Fitness Sharpsburg, GA Collectively and severally, Adult Participant and Child Participant are referred to as the Participant. In consideration of Fallen Fitness LLC DBA Crossroad Fitness Sharpsburg GA permitting Participant access to the Premises and the ability to participate in the Activities, including the Activities that may occur in, about, or near 60 Thomas Grace Annex Lane, Sharpsburg, Georgia 30277 or any other premises owned or operated by Fallen Fitness LLC DBA Crossroad Fitness Sharpsburg GA wherever located (Premises), Participant agrees as follows:
1. Nature of the activities.
Fallen Fitness LLC DBA Crossroad Fitness Sharpsburg GA operates a Health and Fitness Center, which offers Participants (a) the opportunity to participate actively or passively, in Health and Fitness related activities, including, but not limited to, Childcare, Saunas, 3D Scanning, Showers, Bathrooms, Saunas, health, recreational, and social activities geared towards exercise, sports, and other physical activities, organized group instructional programs such as spinning classes, yoga, and martial arts; organized and impromptu team sports; and individual fitness opportunities such as cardiovascular training, and weight training. Individual activities may be self-guided or conducted under the supervision of a trainer. Fallen Fitness LLC DBA Crossroad Fitness Sharpsburg GA may also accommodate outdoor activities with features such as a running track, swimming pool, and sport playing fields. other miscellaneous Health and Fitness Center activities, instruction, training, fitness classes, competition, events, and programs, and (b) access to the locker room, Premises, and cafe (collectively, Activities).
2. types of risks.
2.1 risks associated with activities.
Participant acknowledges there are inherent risks in and injuries that may occur from participating in the Activities, including, but not limited to, equipment malfunction; defective design or manufacture of equipment; improper or negligent installation of equipment; negligent maintenance of equipment; cuts; bruises; muscle strain; twisted or sprained ankles, knees, shoulders, or wrists; burns; dirt or other materials in the eye; concussions; broken bones; physical or emotional injuries; landing wrong; over-exertion; failure of the attraction surface or attachments; being hit by a ball; collisions with other participants; erratic co-participant behavior; collisions with standards and supports; using improper form or technique; slipping, falling, or tripping; equipment failure; error of judgment by employees; paralysis, disability, or death; personal injury to third persons; or property damage. Due to the nature of the Activities, there are more hazards and risks than the foregoing, and there are also
unknown and unforeseeable hazards. If you have any questions, please contact a manager before purchasing a membership.
2.2 Exposure to Bacteria, fungus, virus-and unknown contagious diseases.
By entering the Premises or when engaging in the Activities, there is a risk of exposure to bacteria, fungus, viruses, unknown contagious diseases, and COVID-19, which notwithstanding governmental recommendations and the practices of Fallen Fitness LLC DBA
Crossroad Fitness Sharpsburg GA, cannot be eliminated. CONSEQUENTLY, TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT KNOWINGLY AND FULLY ASSUMES THE RISK OF, RELEASES, AND SHALL INDEMNIFY Fallen Fitness LLC DBA Crossroad Fitness Sharpsburg GA FROM ALL CLAIMS (AS DEFINED IN SECTION 5 BELOW) OR BODILY INJURY RESULTING FROM PARTICIPANT’S EXPOSURE TO ANY BACTERIA, FUNGUS, VIRUS, UNKNOWN CONTAGIOUS DISEASES OR COVID-19 AND IN ANY WAY CONNECTED TO PARTICIPANT’S ENTRY INTO THE PREMISES OR ENGAGEMENT IN THE ACTIVITIES. FURTHER, ADULT PARTICIPANT ON BEHALF OF HIM/ HERSELF AND THAT OF THE CHILD PARTICIPANT(S) CONSENTS TO have THEIR TEMPERATURE TAKEN BY Fallen Fitness LLC DBA Crossroad Fitness Sharpsburg GA AND ACKNOWLEDGES THEY MAY BE DENIED ACCESS TO OR FORCED TO VACATE THE PREMISES IF THEY EVIDENCE SYMPTOMS OF EXPOSURE TO BACTERIA, FUNGUS, VIRUSES, UNKNOWN CONTAGIOUS DISEASES OR COVID-19 AS IDENTIFIED BY THE CENTER FOR DISEASE CONTROL AND PREVENTION.
3. ASSUMPTION RISKS
Notwithstanding the foregoing risks and safety measures implemented by Fallen Fitness LLC DBA Crossroad Fitness Sharpsburg GA, Participant acknowledges it is impossible to eliminate all risk of injury and understands the demands of the Activities relative to Participant’s and other participating individual’s physical condition and skill level. PARTICIPANT AFFIRMS THAT PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY AND PARTICIPANT KNOWINGLY, WITH UNDERSTANDING OF THE RISKS AND POTENTIAL INJURIES, ASSUMES ALL RISKS INHERENT WITH THE ACTIVITIES AND ACCESS TO THE PREMISES.
Participant agrees to exercise ordinary and reasonable care and to not consume alcohol to the extent Participant’s judgment is impaired. Participant understands the potential risks associated with the consumption of alcohol and acknowledges Participant does not have and is not aware of any medical condition that would result in any injury to Participant due to Participant’s consumption of alcohol. Participant assumes the risks associated with alcohol consumption and takes full responsibility for Participant’s own actions, safety, and welfare. UNDER NO CIRCUMSTANCES WILL THE PARTICIPANT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES IF THE PARTICIPANT HAS CONSUMED ALCOHOL. The Participant agrees not to participate or attempt to participate in any Activities after consuming alcohol even if the consumption of alcohol has not impaired their judgment. While Fallen Fitness LLC DBA Crossroad Fitness Sharpsburg GA bars participants from participating in any activities after they have consumed alcohol and may make efforts to enforce this, it is solely the Participant’s responsibility to not participate in
Activities after consuming alcohol. The Participant shall be responsible for any injury or harm to people or property that results whether directly or indirectly from the Participant’s consumption of alcohol.
5. RELEASE AND INDEMNITY.
TO THE FULLEST EXTENT PERMITTED BY
LAW, ADULT PARTICIPANT ON BEHALF OF HIMSELF, CHILD PARTICIPANT, AND THEIR HEIRS, EXECUTORS, AND REPRESENTATIVES RELEASES, AGREES NOT TO SUE, AND SHALL INDEMNIFY Fallen Fitness LLC DBA Crossroad Fitness Sharpsburg GA, THE LEGAL OWNER OF THE PREMISES, THE LANDLORD, MORTGAGEES AND MANAGEMENT COMPANY OF THE PREMISES, AND ANY OF THEIR LENDERS, PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, HEIRS, ASSIGNS, VOLUNTEERS, INDEPENDENT CONTRACTORS, EQUIPMENT SUPPLIERS, AND INSURERS OF ALL OF THEM (COLLECTIVELY, PROTECTED PARTIES) FROM AND AGAINST ALL LIABILITIES, LOSSES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, SUITS, CAUSES OF ACTION, COSTS, FEES, AND EXPENSES (INCLUDING ATTORNEY’S FEES AND COURT OR OTHER COSTS) (COLLECTIVELY, CLAIMS) RELATING TO, RESULTING FROM, OR ARISING OUT OF OR ALLEGED TO HAVE ARISEN OUT OF OR IN CONNECTION WITH (IN WHOLE OR IN PART): THE ENFORCEMENT OR INTERPRETATION OF THIS AGREEMENT; ANY PROPERTY DAMAGE OR BODILY INJURY OR OTHER INJURY (INCLUDING DEATH) TO PARTICIPANT OR ANY OTHER INDIVIDUAL, INCLUDING INDIVIDUALS THAT ARE DEFINED AS PROTECTED PARTIES UNDER THIS AGREEMENT, RESULTING IN ANY WAY FROM
(i) PARTICIPANT’S USE OF THE PREMISES,
(ii) PARTICIPANT’S ACTIVE OR PASSIVE PARTICIPATION IN THE ACTIVITIES,
(iii) LOSS OR THEFT OF PERSONAL PROPERTY,
(iv) FROM THE CONSUMPTION OF ALCOHOL AT THE PREMISES BY PARTICIPANT OR ANY OTHER INVITEE OF Fallen Fitness LLC DBA Crossroad Fitness Sharpsburg GA, OR
(v) PARTICIPANT’S BREACH OF THIS AGREEMENT. THIS RELEASE AND INDEMNITY SHALL APPLY EVEN IF ANY THE CLAIM IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR WILLFUL OR WANTON MISCONDUCT OF THE PROTECTED PARTIES OR PARTICIPANT. THE INDEMNITY SHALL ALSO INCLUDE ADULT PARTICIPANT’S OBLIGATION TO INDEMNIFY THE PROTECTED PARTIES FROM (i) ANY SUM OR SETTLEMENT PAID TO OR ON BEHALF OF THE CHILD PARTICIPANT RESULTING FROM A CLAIM IN ANY WAY INVOLVING THE FOREGOING SUBSECTIONS AND
(ii) ALL CLAIMS RESULTING FROM OR RELATING TO ANY INSUFFICIENCY OF PARTICIPANT’S LEGAL CAPACITY OR AUTHORITY TO EXECUTE THIS AGREEMENT FOR OR ON BEHALF OF THE CHILD PARTICIPANT.
6. dispute resolution
Any dispute or claim arising out of or relating to this Agreement, breach thereof, the Premises, Activities, property damage (real or personal), personal injury (including death), or the scope, arbitrability, or validity of this arbitration agreement (Dispute) shall be brought by the parties in their individual capacity and not as a plaintiff or class member in any purported class or representative capacity and settled by binding arbitration before a single arbitrator administered by the American Arbitration Association (AAA) per its Commercial Industry Arbitration Rules in effect at the time the demand for arbitration is filed. Judgment on the arbitration award may be entered in any federal or state court having jurisdiction thereof. The arbitrator shall have no authority to award punitive or exemplary damages. If the Dispute cannot be heard by the AAA for any reason, the Dispute shall be heard by an arbitrator mutually selected by the parties. If the parties cannot agree upon an arbitrator, then either party may petition an appropriate court to appoint an arbitrator. Arbitration and the enforcement of any award rendered in the arbitration proceedings shall be subject to and governed by 9 U.S.C. § 1 et seq. Any arbitration or court proceedings, including any related to appointing an arbitrator, shall, absent an agreement by all the parties, shall
take place in Coweta County, Georgia.
B. WAIVER OF JURY TO TRIAL
TO THE EXTENT PERMITTED BY LAW, ADULT PARTICIPANT AND Crossroad Fitness KNOWINGLY, willingly, AND VOLUNTARILY, WITH FULL AWARENESS OF THE LEGAL CONSEQUENCES, AFTER CONSULTING WITH COUNSEL (OR AFTER HAVING WAIVED THE OPPORTUNITY TO CONSULT WITH COUNSEL) AGREE TO WAIVE THEIR RIGHT TO a JURY TRIAL OF ANY DISPUTE AND TO RESOLVE ANY AND ALL DISPUTES THROUGH ARBITRATION. The right to a trial by jury is a right party would or might otherwise have had under the Constitutions of the United States of America and the state in which the Premises is located.
Participant irrevocably grants the Protected Parties the right to use all or a portion of an image or video of Participant and their name and likeness in all forms and media including composite or modified representations for all purposes, including advertising, trade, or any commercial purpose throughout the world and in perpetuity. PARTICIPANT WAIVES THE RIGHT TO INSPECT OR APPROVE VERSIONS OF IMAGES OR VIDEOS USED FOR PUBLICATION OR THE WRITTEN COPY THAT MAY BE USED IN CONNECTION WITH THE IMAGES/ VIDEOS. PARTICIPANT RELEASES THE PROTECTED PARTIES FROM ANY CLAIMS THAT MAY ARISE REGARDING THE USE OF PARTICIPANT’S STATEMENTS, VIDEOS, OR IMAGES INCLUDING ANY CLAIMS OF DEFAMATION, LIBEL, INVASION OF PRIVACY, OR INFRINGEMENT OF MORAL RIGHTS, RIGHTS OF PUBLICITY, OR COPYRIGHT.
If Adult Participant signs this Agreement on behalf of his/her spouse, child, family member, friend, minor child, or another person, Adult Participant warrants and represents to Fallen Fitness LLC DBA Crossroad Fitness Sharpsburg GA that he/she has the legal authority and such person’s actual and implied authority to execute this Agreement on their behalf, including, but not limited to, the arbitration clause, release, indemnity agreement, and license.
Participant represents to the Protected Parties that this Agreement is a complete and final release and indemnity agreement, that Participant is voluntarily entering into this Agreement, and no representations, promises, or statements made by any of the Protected Parties has influenced Participant in signing this Agreement. Participant agrees that there are no oral agreements, representations, promises, or warranties that are not expressly set forth herein, this Agreement may only be modified in writing, and that Participant is not relying on any statements or representations of the Protected Parties that are not expressly contained herein. Participant expressly agrees that this Agreement is intended to be as broad and inclusive as is permitted by the laws of the state in which the Premises is located and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Venue for any action brought hereunder or due to Participant’s use of the Premises or participation in the Activities shall lie in the County in which the Premises is located. The substantive laws of the state in which the Premises is located shall apply. By signing below, Participant authorizes Fallen Fitness LLC DBA Crossroad Fitness Sharpsburg GA to communicate with Participant via email with updates, news, advertisements, and offers.
10. REPRESENTATION BY PARTICIPANT
Participant represents to the Protected Parties as follows:
A. Participants shall obey all rules while participating in the Activities and alert the staff of any rules violations or dangerous behavior, including the rule barring any individual, including the Participant, from participating in activities.
B. Participants possess a sufficient level of skill and physical fitness for safe participation in the Activities. C. Participant shall only attempt Activities that Participant can perform safely.
D. Participant is not aware of any health problems that would prevent him/her from participating in the Activities.
E. Participant has received either medical clearance from his/her physician prior to participation in the Activities or has determined that such clearance is not necessary for his/her safe participation in the Activities.
F. Fallen Fitness LLC DBA Crossroad Fitness Sharpsburg GA may, but shall not be obligated or required to, administer to Participant emergency aid, CPR, and use an AED (defibrillator), secure emergency medical care or transportation (i.e., EMS), and Participant shall assume all costs of emergency medical care and transportation. G. Participant shall discontinue participation in the Activities if Participant feels any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, or chest pains).
11. GENERAL WAIVER OF LIABILITY
I understand the risk of injury from CLUB activities and using any CLUB equipment is significant, including the potential for permanent paralysis and death, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown. I acknowledge that this is an UNSUPERVISED FITNESS CENTER and I assume all risks associated with using exercise equipment and exercising alone without the aid and presence of CLUB staff on the premises. I understand that Fallen Fitness LLC is doing business as Crossroad Fitness® and Crossroad Fitness® has been licensed to this CLUB and that this CLUB is independently owned and operated by Fallen Fitness LLC. I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Fallen Fitness LLC doing business as Crossroad Fitness®, ABC Financial Services, INC., AND THE OWNERS OF ALL CLUBS WITHIN THE Crossroad FITNESS SYSTEM, as well as all sponsors and advertisers, and all owners and lessors of the premises of such clubs, and their respective officers, affiliates, agents and employees WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, LOSS OR DAMAGE to person or property that may arise out of or in connection with my use of any of the equipment or the facilities of the CLUB of any other Crossroad Fitness club, or any incident that occurs while using such facilities, or otherwise related to my membership. I expressly agree that this release is intended to be as broad and inclusive as permitted by applicable law and if a portion of this release is held invalid, the balance shall remain in full force and effect. This release shall apply to my heirs, assigns, personal representatives and any other next of kin. I understand that the CLUB is relying on this release in agreeing to enter into this Agreement.