EXPRESS WAIVER AND RELEASE OF LIABILITY
Client is aware that there are significant risks involved in all aspects of physical training. These risks include, but are not limited to, injuries and/or death caused by the negligence of the Client, training partner(s), instructor(s) or other person, defective or improperly used equipment, over-exertion by Client, slip and fall by Client, strains or sprains by Client or an unknown health problem of Client. Client expressly 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 the Client to seek competent medical advice regarding any concerns or questions concerning the ability of Client to take part in physical activities. Client agrees to assume all risk and responsibilities for exceeding his/her physical limits.
Client, on behalf of Client, his or her heirs, assigns and next of kin, waives and releases CrossFit Symmetry, LLC, its owners, employees, directors, officers, shareholders, members, agents, and independent contractors, from any and all liability, claims and/or causes of action of any kind that Client may have for injuries or damages of all and any kind, including, but not limited to, the personal training, nutritional programs, social activities and the physical activities provided by or on behalf of CrossFit Symmetry, LLC.
CrossFit Symmetry’s Training Services: The Agreement is for coaching services over a specific period of time during which the Client is eligible to partake in any and all activities in accordance with their membership package.
Photography Release: Client agrees Client may be photographed or videotaped on the premises of CrossFit Symmetry or at an organized CrossFit Symmetry event. Client consents to the use of these photographs and/or videos without compensation by CrossFit Symmetry, LLC on the website of CrossFit Symmetry or in any editorial, promotional and/or advertising material produced and/or published by CrossFit Symmetry.
Refunds: No refunds shall be made for services purchased, except as specifically provided in the Agreement.
Payment & Billing: Client has two options for payment: (1) Payment in full may be made for a year in advance for all services, or (2) Monthly payment by credit card or EFT per the guidelines on page one of the Agreement. The date the Agreement is signed shall be the billing date for the Client. Each month on this date, the monthly payment will be charged to the Client’s credit card.
Client’s Default: Client shall be deemed in default of this Agreement upon failure to comply with any of the terms and conditions of this agreement, including but not limited to, the obligation to make payment as and when due. Upon default, CrossFit Symmetry, LLC shall have all rights and remedies available including termination of this Agreement and institution of action for all applicable damages. If CrossFit Symmetry delays or refrains from exercising any rights under this Agreement, CrossFit Symmetry does not waive, nor will CrossFit Symmetry lose those rights. If CrossFit Symmetry accepts late or partial payments from the buyer, CrossFit Symmetry does not waive the right to receive full and timely payments and other charges under this Agreement.
Successors and Assigns: Client agrees that all terms and conditions of this Agreement shall be binding upon the heirs, administrators, executors, representatives, successors, and assigns of Client.
Enforceability and Governing Law: 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 effect. The Agreement shall be governed and enforced in accordance with the laws of the State of Ohio. In the event any dispute arises out of this Agreement, CrossFit Symmetry, LLC and Client agree that the venue for such action shall exclusively be Clermont County, Ohio.