CrossFit Intrinsic Athlete Waiver
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CROSSFIT INTRINSIC (DBA REPRESENTS FUQUAY FIT) AGREEMENT AND LIABILITY WAIVER (THIS "AGREEMENT AND WAIVER") PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY, AS IT AFFECTS YOUR FUTURE LEGAL RIGHTS. BY PROCEEDING WITH REGISTERING FOR THE CLASS, APPOINTMENT, OR EVENT, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ AND FULLY UNDERSTOOD THE AGREEMENT AND AGREE TO THE TERMS SET FORTH BELOW.

1. In consideration of being permitted to register and/or participate in, including without limitation by observing, the activities for which you are registering (the "Class, Appointment, or Event"), on behalf of yourself and any personal representatives, assigns, heirs, executors, successors and next of kin, you understand, agree, warrant and covenant as follows:

2. Express assumption of risk: I, the undersigned, am aware that there are significant risks involved in any physical training regimen. These risks include, but are not limited to: falls which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment. Injury may also result simply from the fact of physical training itself. By its very nature, physical training seeks to have me push beyond my limits in order to produce a physical adaptation by my body. This requires feedback from me to my trainer regarding what is happening with my body. Excessive work can result (in rare cases) in exertional rhabdomyolysis. I should look for signs of excessive soreness, darkened urine, and pain in the kidney areas in the days following a particularly intense workout. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while training with CrossFit Intrinsic, at any location.

3. I, the undersigned, acknowledge that I have no physical impairments or illnesses that will endanger myself or others.

4. If I, the athlete or legal guardian files a legal dispute, I am responsible to pay all legal fees for CrossFit Intrinsic, as well as any associate fees charged to CrossFit Intrinsic as a result of my dispute, to include but not limited to credit card company dispute fees.

5. Authority to Register and/or to Act as Agent. You represent and warrant to Fuquay Fit, LLC ("CrossFit Intrinsic") that you have full legal authority to complete the registration for the Class, Appointment, or Event, including this Agreement and Waiver, on behalf of yourself and/or any party for whom you are registering (the "Registered Parties"), including full authority to make use of the credit or debit card to which registration fees will be charged. As used in this Agreement and Waiver, (a) "CrossFit Intrinsic" means and includes Fuquay Fit, LLC, its partners, licensors, and any and all subsidiaries, affiliated entities, or entities that control, are controlled by, or are under common control with Active singly or together and its and each of their officers, employees, contractors, subcontractors and agents and each of their agents, representatives, successors and assigns; and (b) "you" or "your" means and includes you (as an individual) and all other Registered Parties for whom you are registering, and by virtue of agreeing to this Agreement and Waiver, for whom you are waiving certain rights.

6. If you are registering a child under the age of 18 or an incapacitated adult you represent and warrant that you are the parent or legal guardian of that party and have the legal authority to enter into this Agreement and Waiver on their behalf and by proceeding with registration for the Class, Appointment, or Event, you agree that the terms of this Agreement and Waiver shall apply equally to all of the Registered Parties. To the extent permitted by law, each person agreeing to this Agreement and Waiver for him/herself and/or on behalf of another Registered Party (including, without limitation, any minor) agrees to indemnify, defend, and hold CrossFit Intrinsic harmless from any liability, claim, demand, cause of action, damage, loss, or expense (including court costs and reasonable attorneys' fees) of any kind or nature (each, a "Liability" and collectively "Liabilities") in the event the Liability arises because a Registered Party is found by a court of competent jurisdiction to not be bound by the terms and conditions of this this Agreement and Waiver. In addition, if, despite this Agreement and Waiver, any of the Registered Parties makes a claim against CrossFit Intrinsic, you agree, immediately upon request or demand by CrossFit Intrinsic, to defend, indemnify and hold CrossFit Intrinsic harmless from all Liabilities which may be incurred as the result of such claim.

7. Release: In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities available at CrossFit Intrinsic, I, the undersigned hereby release CrossFit and CrossFit Intrinsic, their principals, agents, employees, and volunteers 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 in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties.

8. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with CrossFit Intrinsic to administer first aid, CPR, or AED deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child.

9. Indemnification: The participant recognizes that there is risk involved in the types of activities offered by CrossFit and CrossFit Intrinsic. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless CrossFit and CrossFit Intrinsic, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by CrossFit and CrossFit Intrinsic.

10. You represent and warrant that you are in good physical condition, are able to safely participate in the Class, Appointment, or Event and have no medical condition that would make your participation in the Class, Appointment, or Event more hazardous. You consent to medical care and transportation in order to obtain treatment in the event of injury to you and understand that this Agreement and Waiver extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury. You understand that no medical care may be available, but if it is, you assume liability for any and all medical expenses incurred as a result of your participation in the Class, Appointment, or Event, including, but not limited to ambulance transport, hospital stays, physician, and pharmaceutical goods and services. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions provided to you by CrossFit Intrinsic or the Class, Appointment, or Event organizer and to abide by any decision of any Class, Appointment, or Event official relative to your ability to safely participate in or attend the Class, Appointment, or Event. You understand and agree that you are expected to exhibit appropriate behavior at all times while at the Class, Appointment, or Event and to obey all local, state and federal civil and criminal laws while participating in or attending the Class, Appointment, or Event. This includes, generally, respect for other people, equipment, facilities or property. You agree that Class, Appointment, or Event officials may dismiss you, without refund, should your behavior endanger the safety of or negatively affect the Class, Appointment, or Event. You understand and agree that neither Active nor the Class, Appointment, or Event organizer is responsible for any personal item or property that is lost, damaged or stolen at the Class, Appointment, or Event. You understand and agree that the Class, Appointment, or Event organizer reserves the right to cancel the Class, Appointment, or Event in the event of weather (including, but not limited to, heat, tornadoes, earthquakes, fires, storms, lightning and floods), accidents, acts of war or terrorism, military conflicts or riots or for any reason that would affect the safety and security of Class, Appointment, or Event participants and spectators. In the event of such cancellation or any other cancellation for any reason, there will be no refund of your payment unless authorized and paid by the Class, Appointment, or Event organizer.

11. Severability. You further expressly agree that this Agreement and Waiver is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Agreement and Waiver is held to be unenforceable by a court of competent jurisdiction for any reason whatsoever, (a) the validity, legality, and enforceability of the remaining provisions of this Agreement and Waiver (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) shall not in any way be affected or impaired thereby, and (b) to the fullest extent possible, the unenforceable provision shall be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Agreement and Waiver shall be deemed amended accordingly.

12. CrossFit Intrinsic is not responsible and/or can not be held liable for any athlete or their family member getting COVID-19, the flu or any other illnesses.

I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.

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