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819 South 7th Street 1718 Madison Avenue
Omaha, NE 68108 Council Bluffs, IA 51503
Members/Guest Usage Agreement
Assumption of Risk:
I understand that there are dangers, hazards and risks ("Risk”) of injury or damage ("injuries”) in the use of premise, facilities, equipment, services, activities or products ("use of CrossFit Vise and Vise Downtown premises and services”) of CrossFit Vise and Vise Downtown, its subsidiaries and affiliates, and all of their employees, contractors, principals, agents, representatives, sponsors, volunteers and any other entity or person acting for them and all their successors and assigns (collectively "Vise”). Risks may include but are not limited to slips, trips, collisions, falls, and loss of footing or balance, including "slip and falls” and falls from fitness equipment; equipment failure, malfunction or misuse; property theft, loss or damage, including from lockers or vehicles; and other accidents or incidents. Injuries may include but are not limited to major or minor personal, physical, bodily, emotional, mental, economic, property or other types of injuries and damages. I understand the Risks and Injuries in the Use of CrossFit Vise and Vise Downtown premises and services (collectively "Risks of Injury”) may be caused, in whole or in party, by the NEGLIGENCE OF CROSSFIT VISE or VISE DOWNTOWN, me, any additional guests including my spouse/partner or children/wards ("Additional Guests”); CrossFit Vise or Vise Downtown members including any sponsoring member ("Members”), and/or other persons including other guests or vendors ("others”). I FULLY UNDERSTAND, AND VOLUNTARILY AND WILLING ASSUME THE RISKS OF INJURY. __________________
Waiver of Liability, Defense, and Indemnification:
On behalf of myself, and my spouse/partner or children/wards, additional guests, parents, guardians, heirs, next of kin, personal representatives, heirs and assigns, I hereby voluntarily and forever release and discharge CrossFit Vise and Vise Downtown from, covenant and agree not to sue CrossFit Vise and Vise Downtown for, and waive, any claims, demands, actions, cause of actions, debts, damages, losses, costs, fees, expenses or any other alleged liabilities or obligations of any kind or nature, whether known or unknown (collectively "Claims”) for any Injuries to me and any Additional Guests in the use of the CrossFit Vise and Vise Downtown premises and services which arise out of, result from, or are cause by NEGLIGENCE OF CROSSFIT VISE OR VISE DOWNTOWN, me, Additional Guests, Members and/or Others._________________
If I, on my own behalf or on behalf of another (including an estate), assert a Negligence Claim against CrossFit Vise or Vise Downtown and/or breach my agreement not to sue CrossFit Vise or Vise Downtown, I will pay all reasonable fees (including attorneys’ fees), costs and expenses incurred by CrossFit Vise or Vise Downtown to defend (1) the negligence claim and (2) all other Claims based on the same facts as the Negligence Claim (s). I also agree to defend, indemnify and hold CrossFit Vise or Vise Downtown harmless to the fullest extent permitted by law from and against any Claim (including Negligence Claims) asserted against CrossFit Vise or Vise Downtown by any other person arising out of, resulting form, or caused by the Use of CrossFit Vise or Vise Downtown Premises and Services by me or my Additional Guests. My agreement to defend CrossFit Vise or Vise Downtown means that I will pay all of CrossFit Vise or Vise Downtown’s Fees and Costs incurred to defend the Claim from the date the Claim is asserted. My agreement to indemnify and hold CrossFit Vise or Vise Downtown harmless means that I will pay any settlement, judgment, or other damages, fees or costs of any type incurred by CrossFit Vise or Vise Downtown to resolve the Claim.____________________
I grant CrossFit Vise or Vise Downtown, its representatives and employees the right to take photographs and/or video of me and my property while training at CrossFit Vise or Vise Downtown. I authorize CrossFit Vise or Vise Downtown to use and publish these photos and/or videos in print and or electronically. I agree that CrossFit Vise or Vise Downtown may use such photographs and/or video of me with or without my name and for any lawful purpose, including for example such purposed as publicity, illustration, advertising and web content. ____________________
I HAVE READ, UNDERSTAND AND AGREE TO ALL TERMS AND CONDITIONS OF THIS GUEST USAGE AGREEMENT, INCLUDING SPECIFICALLY THE ASSUMPTION OF RISK, WAIVER OF LIABILITY AND DEFENSE AND INDEMNIFICATION PROVISIONS UNDER WHICH I AM RELINQUISHING LEGAL RIGHTS.
(In the event of the Applicant being under 18 years of age on the day of joining. Parent/Guardian must be present at the time Usage Agreement is signed)