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Waiver

Please read this waiver, and then answer the following questions.
Note: if you are completing this for your child, answer the questions for him/her, not for you.


Calvert CrossFit
2192 S Solomons Island Rd, Suite 2, Prince Frederick, MD 20678


Calvert CrossFit North
10735 Town Center Blvd #10, Dunkirk, MD 20754


CrossFit Lakas
43915 Commerce Ave Unit 5/6, Hollywood, MD 20636


Iron Foundry Athletics
2192 S Solomons Island Rd, Suite 3, Prince Frederick, MD 20678


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WAIVER OF LIABILITY AGREEMENT

I, the Member undersigned below, have volunteered to participate in Calvert CrossFit, Calvert CrossFIt North, CrossFit Lakas, Iron Foundry Athletics and CrossFit Kids (hereinafter "the above facilities”) classes or programs of physical exercise now and in the future (together "the Class”). I understand that there is an inherent risk associated with any exercise program—including my voluntary participation in the Class—that may result in injury, even serious or disabling, or death, and that this risk is always present and cannot be entirely eliminated. I hereby voluntarily and expressly assume the risks inherent in my participation in the Class, including the risk of injury, accident, death, loss, cost or damage to my person or property.

In consideration of the above facilities’ agreement to instruct, assist, and train me in the Class, I hereby agree to the following:




A. Release and Waiver of Liability.

1. By signing this Agreement, I hereby waive and release the above facilities, its members, employees, trustees, contractors, volunteers, representatives, agents, and successors, and anyone else acting for or on its behalf, and the owner/lessor of the premises, or anyone using the above facilities premises whether related to the Class or not, from any and all liability present, past and in the future relating to or arising out of the Class. I hereby on behalf of myself, my spouse, heirs, assigns, executors, administrators, agents, successors, legal representatives or any others who may claim on my behalf, promise not to sue, and hereby forever irrevocably waive, release, remise and discharge the above facilities from any and of any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, my participation in the Class or any other programs offered or sponsored by the above facilities or attending the above facilities related events, both on and off of the above facilities premises. This Release and Waiver applies to all claims, foreseen or unforeseen, including negligence and breach of statutory or other duty of care. I understand and agree that this Agreement and Release and Waiver is intended to be as broad and inclusive as permitted by law. This Release and Waiver includes, without limitation, injuries which may occur as a result of equipment that may malfunction or break; any slip or fall within premises; and ailments during and/or post Class instruction. I UNDERSTAND THAT I HAVE FORFEITED MY RIGHTS TO SUE ANY OF THE ABOVE FACILITIES, AND THAT THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER.




2. In agreeing to this Agreement, I hereby acknowledge, understand, and agree on my behalf, and upon behalf of the person for whom I am signing, that the use of the above facilities, equipment, climbing walls, classes and/or participating in activities sponsored by the above facilities have inherent risks. These risks include, but are not limited to, any injury of damage resulting from: Negligence of employees, volunteer assistants, independent contractors of the above facilities. Negligent misuse of the facility, climbing walls, or equipment of the above facilities; falling off or impacting against the climbing walls, impact surface, floors, or anything else; rope abrasion, entanglement or other activities occurring on the premises; cuts or abrasions resulting from any cause whatsoever; failure of the climbing walls or equipment, whether inside or outside; personal health problems, whether mental or physical; negligence of other climbers, visitors, or observers or persons who may be present in or around the climbing area or facility; and/or negligence or lack of adequate training of any person(s) who seek to assist with medical or other help either before or after any injury or damage may occur.




B. Right of Publicity Release and License. I grant the above facilities and its members, representatives, employees, affiliates, subsidiaries, licensees, successors and assigns (collectively referred to herein as "the above facilities”), the right to take photographs of me and my property in connection with its business.




1. I further irrevocably grant exclusive permission to the above facilities to use, publish, copyright and reproduce, my name, likeness, identity, image, voice, personal story, oral or written statements, and/or appearance as such may be embodied in any pictures, photographs, video recordings, audiotapes, digital images, and the like, taken or made on behalf of the above facilities (collectively referred to herein as the "Authorized Works”), for any purposes in connection with its business (including but not limited to purposes of publicity, illustration, web content, public relations, editorial, or other advertising or trade purposes), and without restriction as to frequency or duration. I agree that the above facilities may use such Authorized Works with or without my name, and I grant the above facilities the unrestricted right to use a fictitious name in connection with the Authorized Works.




2. I further irrevocably grant the above facilities all right, title, and interest that I may have in any of the Authorized Works, including any negatives, original prints, or reproductions thereof. This permission includes but is not limited to the entire copyright in any Authorized Works and/or the right for the above facilities to reproduce, modify, sell, transfer, distribute, and/or publicly display any Authorized Works.




3. I understand and acknowledge that, as a result of this Release, the above facilities shall have the unrestricted right to any Authorized Works. I irrevocably release my rights of publicity, editorial rights, inspection rights, or any other rights with respect to the Authorized Works. I further irrevocably waive the right to receive any payment for signing this Release and/or for the above facilities use, publication, reproduction or copyright of any of the Authorized Works. I hereby irrevocably release the above facilities from any and all claims arising out of or relating to the Authorized Works. The permissions granted in this Release extend to all languages, media, formats and markets now known or hereafter devised, and are granted regardless.




4. If any provision of this Release or the application thereof to any person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Release and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. This Release constitutes the entire agreement between the parties and supersedes all previous agreements on this matter. There are no other written or oral agreements, representations, or understandings with respect to the subject matter of this Release.




5. I warrant that I am at least eighteen (18) years old and have the right to grant this Release. I have read this Release, understand its terms, and enter into it freely.




C. Indemnification. I agree to indemnify and hold harmless the above facilities officers, directors, employees, authorized agents, to include independent contractors, or volunteer interns 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 the above facilities. I recognize that there is risk involved in the types of activities offered by the above facilities. Therefore, I accept financial responsibility for any injury that I may cause either to myself or to any other participant due to my negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. 




D. Acknowledgement and Assumption of the Risk.




1. I am aware that specific risks vary from within the Class and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. I affirm that I alone am responsible for deciding whether to participate within the Class, and I understand that I am free to stop participating in the Class at any time.




2. I acknowledge that I take full responsibility for my life and well being, as well as the lives and well being of my Child and family, and all decisions made by me and my Child and family during and after the Class. I hereby expressly assume the risks of the Class, including the risk of injury, accident, death, loss, cost or damage to my person, my family and my children, or my property.




3. I represent that I am in good health and have no disability, impairment, injury, disease, or ailment, preventing me from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. I affirm that I have disclosed any and all physical limitations, disabilities, ailments, or impairments which may affect my ability to participate in the Class. I assume the responsibility to update the above facilities of any changes in my medical condition now or in the future that might affect my safety or participation in the Class prior to the commencement of any such Class, and I understand that the above facilities shall not be liable should I fail to do so. If I am pregnant or become pregnant or am post-natal, my signature verifies that I am participating in the Class with my doctor’s full approval.




4. I understand and acknowledge that the above facilities does not manufacture fitness or other equipment at its facilities, but purchases and/or leases equipment. I also understand and acknowledge that the above facilities is providing recreational services and shall not be held liable for defective products.




5. I understand that the above facilities does not diagnose illness, disease or any other mental or physical disorder, or prescribe medical treatment of pharmaceuticals. I understand and acknowledge that the above facilities is providing non-medical services, and the Class is not a substitute for medical attention, diagnosis or treatment and that it is recommended that I see a medical practitioner for any physical ailment that I may have. I understand and agree that the above facilities may not be held liable for my injuries sustained as a result of the Class or Instructor counseling provided to me.




E. Rules and Regulations. I agree to abide by the rules, regulations and schedules of the above facilities as stated herein, as well as those that may be posted at the facility, on the above facilities website, or issued orally, and which may be amended from time to time at the above facilities’ sole discretion (together the "Rules and Regulations”).




F. Class Schedule. Class schedule is subject to change, and Class may be cancelled due to unexpected circumstances. The above facilities reserves the right to change the Class schedule at any time, including the addition or the deletion of the Class, as well as changes in Instructors, Class times and length of the Class. The above facilities also reserves the right to cancel Classes or modify hours of operation for repair, maintenance or special occasions. Attendance is based on a first-come, first-serve policy.




G. Minor Children: I understand that I may bring my minor child to the above facilities while I participate in Classes, but that I do so at my own risk and that of my minor child. I understand the above facilities accepts no responsibility for any damage, injury or loss that I or my child may sustain while on the premises of the above facilities. I understand that the above facilities does not offer child care of any sort and that no employee, agent, independent contractor or owner of the above facilities will be watching my child while I take Class. My child and his or her actions are my responsibility while I participate in Class at the above facilities.




H. Loss of Property. I understand and agree that the above facilities will provide an area for my personal belongings to be held during the Class; however, I understand and agree that all such personal belongings are brought at my sole risk as to such property’s theft, damage, or loss. I am aware that I should not bring valuables onto the premises of the above facilities, and I understand and agree that the above facilities shall not be liable for the disappearance, loss, theft, or damage to my personal property, including but not limited to money, negotiable securities, items left in coat check lockers, or jewelry. Lost and found articles not claimed will be donated to charity. 




I. Emergencies. I hereby consent to receive first aid from the above facilities in the event of an accident, injury or illness during the Class and I give the above facilities permission to seek emergency medical services for me in those circumstances and agree that I am responsible for any expenses incurred. I hereby agree to hold harmless and indemnify the above facilities from any and all Liability arising as a consequence of the above facilities providing first aid/or seeking emergency medical services for me.




J. Rhabdo Notice.




1. I do hereby acknowledge the significant risks associated with the physical training and 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. 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.




2. 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.




3. 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. I acknowledge that often the more mentally tough an athlete is and the more athletic they were in the past or currently are, the greater the risk of exposure to Rhabdo.




4. 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.




5. There is a wealth of medical and popular information regarding Rhabdo available on the Internet. The above facilities strongly recommend that you review and evaluate information from all sources available to you, including your physician, prior to executing this Release and Waiver or participating in strenuous physical activity.




I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I voluntarily and knowingly agree to the terms and conditions stated herein. I recognize that BY SIGNING THIS DOCUMENT, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING ANY RIGHT I OR MY heirs, next OF KIN, executors, administrators and assigns MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST THE ABOVE FACILITIES. I intend for my signature to be a complete and unconditional release of liability OF THE ABOVE FACILITIES to the greatest extent permitted by law.




PARENTAL CONSENT, (for participants under the age of 18) I, the undersigned parent or legal guardian of the child shown above, have read the above and understood the foregoing assumption of risk, and release of liability and agree to its terms on behalf of my child and myself. I understand that by signing below, I am giving up substantial rights on behalf of my child and myself.

Please answer the following questions:


Contract

Calvert CrossFit located at 2192 S Solomons Island Rd, Suite 2, Prince Frederick, MD 20678

Calvert CrossFit North located at 10735 Town Center Blvd #10, Dunkirk, MD 20754

CrossFit Lakas located at: 43915 Commerce Ave Unit 5/6, Hollywood, MD 20636

Iron Foundry Athletics located at 2192 S Solomons Island Rd, Suite 3, Prince Frederick, MD 20678




Membership Contract

"Member,” "you” or "your” mean the person signing the above listed facilities Membership Contract (hereinafter "Agreement”).

"The above listed facilities” means Calvert CrossFit, Calvert CrossFit North, CrossFit Lakas and Iron Foundry Athletics.




BASIC TERMS

Your "Assigned Commitment” is the monthly commitment, training package, punch card, seminar, course, or any other plan or pass you just selected in the online customer management software. Your Assigned Commitment is good for the duration that the membership is active. This membership is good at all of the above listed facilities.

All fees and schedules are subject to change without notice.You will be notified thirty (30) days prior to the end of your contract term of any adjustment or increase of dues.The members’ credit card will be charged on the first of every month.




All membership packages rate are per calendar month, paid monthly. All new members wishing to renew their membership contract at the end of their Fundamentals/On-Ramp Program will have the option to do so prior to the last day of class.All new memberships will be pro-rated if signed up after the 1st of the month.The pro-rated month is an addition to the above membership option.




Your Assigned Commitment allows you to participate in the Assigned Commitment’s class or course offered at all of the above listed facilities. It does not grant you access to any class, seminar or specialty class outside the scope of this Assigned Commitment that all of the above listed facilities may offer.

After your Assigned Commitment is complete, your membership will auto-renew automatically every month on the billing date, on a month-to-month basis. After your Assigned Commitment is complete, should you choose to cancel your membership, you must notify all of the above listed facilities by email to info@calvertcrossfit.com 30 days before your next billing date.




If, after you agree to your Assigned Commitment, you wish to lengthen your commitment, you may do so. A new commitment requires a new contract. (For example, if a member’s initial Agreed Commitment is for three months, and in month two the member wants to commit for one year, the member will be required to sign a twelve-month contract. Month-to-month billing would commence after the twelve-month commitment is complete.)




Membership Hold Policy For The Above Facilities

If you will be absent from all of the above listed facilities for more than 30 consecutive days, you may request that your membership be placed on hold for circumstances such as injury, illness, work-required travel, and job loss. You may be required to show proof of the hold-request circumstances satisfactory to all of the above listed facilities.You must provide such proof, if requested, to any of the above listed facilities no later than three business days before your next billing date to avoid being charged. Membership holds will be granted at the sole discretion of the owner(s) for each above listed location.Members may put their membership on hold, in one calendar month increments, for up to three calendar months per year for a fee of $25 per freeze request.This freeze charge will not be collected in the event of a disability as described in the Notice of Consumer Rights section.Notice of freeze must be given by email no later than three business days before your next billing date.




Placing your membership on hold means that you will not have access to all of the above listed facilities for the duration of the hold and you will not be billed for the duration of the hold. Your Assigned Commitment will be suspended for the duration of the hold and will resume when the hold terminates. (For example, a member with a twelve-month Assigned Commitment asks for and is granted a one-month membership hold before month ten begins. When the hold terminates, she will have three months remaining to complete her Assigned Commitment.)




STATE OF MARYLAND BUYER'S NOTICE OF CONSUMER RIGHTS

Our business’ registration number with the State’s Consumer Protection Division is E3871.We are not required to carry a performance bond under the Maryland Health Club Services law because we do not accept more than three months’ payment in advance or charge initiation fees over $200.If any of the facilities are closed for a month or more, you are entitled to your choice of either an extension of the contract or a prorated refund.If the closing is not the fault of the business, we are entitled to choose.You have the right to cancel this contract within three business days after receipt of a copy of this agreement.Cancellation must be in writing, and delivered in person or by certified or registered mail.If you cancel, you are entitled to a full refund of all monies paid.If you become disabled for at least 3 months during the membership term and the disability is confirmed in writing by a physician, you are entitled to an extension of the contract.Since we are exempt from the bonding requirement, we cannot collect payments during a member’s disability extension so that we are not holding more than three months’ payment in advance.This notice is an integral part of the application and contract for membership.




Cancelation Policy For The Above Facilities

In addition to the State of Maryland Buyer’s Rights to Cancel, identified above, you may cancel the remainder of your Assigned Commitment without penalty if you move more than 25 miles from any of the above listed facilities.You must show proof of the move satisfactory to any owner(s) or designated staff (for example, by a lease, utility bill, title to a house, or military orders).




If you cancel your membership for any reason, you lose all rights and benefits associated with your Assigned Commitment, including the price of your monthly payment.A member may cancel his/her membership at any time.The member will be charged a cancellation fee of 25% of their remaining contract.For example, if your membership is for 12 months and after month 5 you choose to cancel your membership, you will be responsible for paying 25% of the remaining 7 months left on your contract.

Any member who suffers physical disability that will prevent him or her from using the facility for more than six (6) months will not be charged a cancellation fee as long as the cancellation is accompanied by a doctor’s note documenting the injury and prognosis.Members may cancel memberships by notifying info@calvertcrossfit.com prior to the first day of the month to be cancelled.




Billing Information and Failed Payments

If your billing information is becoming or becomes invalid (for example, your credit card is expiring or you cancel the card number you entered initially), you must promptly update your billing information in the online customer management software at least five days before your next billing date.

If the billing information (for example, ACH withdrawal information or credit card number) you entered is incorrect or becomes incorrect and your monthly payment fails, the above listed facilities will notify you of such failure by e-mail. If you do not correct your billing information within 10 calendar days of the e-mailed notice, you will be charged $30 for any late payment/ declined credit card fee. You will remain liable for your monthly membership payment in addition to these fees.




NOTICE FOR COLLECTIONS

Any of the above listed facilities reserves the right to send any membership, commitment, fees, or any contracted purchase to collections if the account is 30 days past due. The above listed facilities will contact the member once via e-mail to resolve the payment issue. If the member does not promptly pay the amount owed, the total amount due for the member’s remaining Assigned Commitment plus any additional fees may be sent to a collection agency for collection. If such action is necessary, you agree to pay all costs incurred by any of the above listed facilities for collection, including reasonable attorneys’ fees.




DISPUTE RESOLUTION

Resolution of Complaints:If you have a complaint regarding your membership or anything else at any of the above facilities, please bring that complaint to the owner (s) or designated person’s attention. The Office of the Attorney General Office regulates the above listed facilities as a health club in the State of Maryland pursuant to the provisions of the Maryland Health Club Act.


Mediation:
All claims, disputes and other matters in question between a Member and any of the above listed facilities with an amount in controversy less than $5,000 shall first be submitted to non-binding mediation in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. Unless agreed upon by the parties, the mediator shall be selected by the Alternative Dispute Resolution Section of either Calvert or Saint Mary’s County Bar Association. The mediator may offer such guidance as the mediator deems appropriate to facilitate resolution of any claim, dispute, or other matter in question.




Governing Law and Waiver of Jury Trial. This Agreement shall be subject to and governed by the laws of the State of Maryland irrespective of the choice of law rules in the state of execution of the Agreement. The parties hereto acknowledge and agree that any legal action brought pursuant to this Agreement shall only be of proper venue exclusively within the state or federal courts of the State of Maryland. Any litigation relating to this Agreement, brought by Member shall be commenced and maintained only in a federal or Maryland state court whose boundaries include Calvert and/or Saint Mary’s County, Maryland. Member consents to personal jurisdiction and venue in any such court. Member acknowledges that any violation of this Agreement may subject the above listed facilities to irreparable injury not fully compensable in monetary damages, and that in the event of such a violation, the above listed facilities shall be entitled to preliminary and/or permanent injunctive relief. Member further consents to court enforcement of the specific language of this Agreement. EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTERS INVOLVING THE PARTIES HERETO. Except as otherwise provided herein, the prevailing party in any lawsuit or other proceeding regarding this Agreement shall be entitled, in addition to other costs and damages, to reasonable attorneys’ fees and litigation expenses.




Attire:Appropriate footwear is highly recommended and required to train as a member at any of the above facilities.Any barefoot lifting or running must be approved by the coach of the particular class and the management, and will be evaluated on a strict case by case basis. The above listed facilities are not liable for any harm or injury due to deviations in the recommended standard of footwear.




Smoking, Food and Drink:No smoking is allowed in any part of the facilities.Food or drink may be taken into workout areas if it is non-breakable, enclosed containers.



Damages:Members shall pay for any damages to property which results from the willful or negligent conduct of member, member’s guest or dependent children




Conduct:The above listed facilities is committed to the health, safety, welfare of each of its members and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior.The above listed facilities have the right to judge behavior and respond accordingly.This right includes, but is not limited to, termination of membership of any member engaging in unacceptable behavior.




OTHER NOTICES

Any holder of this contract or note is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained with the proceeds hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.




This agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this agreement.The provisions of this agreement may be waived, altered, amended, or repealed, in whole or in part, only upon prior written consent of all parties.

This club is not permitted, pursuant to the Maryland health club act, to accept any initiation fee in excess of $200 or any payment for more than the prorated monthly fee for the month when the contract is initially executed plus one full month in advance.




Member has read, and fully agrees to the terms of this Agreement and understands and agrees that by signing this Agreement (which contains a waiver, release and assumption of risks) Member has given up considerable future legal rights.Member has signed the Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise of guarantee being communicated to him/her.Member certifies and warrants that he/she is 18 years of age or older and mentally competent to enter into this Agreement.

Payment Information


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