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Waiver

Express assumption of risk: I am aware that there are significant risks involved in all aspects of physical training. 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. 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 at CrossFit Savior LLC. I, the undersigned acknowledge that I have no physical impairments or illnesses that will endanger myself or others.


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 Savior LLC.  I, the undersigned hereby release CrossFit Savior LLC.  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 CrossFit Savior LLC.  their principals, agents, employees, and volunteers. 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 Savior LLC. to administer first aid 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.


Indemnification: The participant recognizes that there is risk involved in the types of activities offered by CrossFit Savior LLC.  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 Savior LLC.  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 Savior LLC..


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. 


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.

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Contract

Membership Agreement
You (the buyer) have seven business days to cancel this contract. To cancel, mail or hand deliver a letter to the gym address below:
CrossFit Savior
36246 Emerald Coast Parway
Destin, FL 32541

Agreement made on the ${agreementDate} , between ${gymLegalName}. referred to herein as the ${gymName}(${ gymAbbreviatedName}), and


Both parties agree as follows:
1. Membership Fees
All fees and schedules are subject to change without notice. There are no refunds for membership fees. The member's credit card will be charged on the first of every month.
Membership Option:
${membershipPackageSelection}
All membership packages rates are per calendar month, paid monthly.

2. Freeze Policy
Members may put their membership on freeze, in one calendar month increments, for up to three calendar months per year. Notice of freeze must be given to ${gymAbbreviatedName} over the telephone, by email, or in person any time during business hours prior to the first day of the month to be frozen. Members will not be billed for membership during frozen months. Billing will resume automatically upon end of freeze. The current membership agreement will be extended by the number of months frozen.

3. Late Payment / Declined Credit Card Fees
A late payment/declined credit card fee of $30 will be charged on any payment past due. Membership fees must be paid on or before the first day of the month.

4. Cancellation of Membership by Member
A member may cancel his/her membership at any time with 30-days notice. If appropriate notice is not given the member will be charged a cancellation fee, which for the avoidance of doubt, shall be the greater of, half of the remaining balance of the membership or two months at the current rate stated in this agreement. A Member may cancel their membership without paying the cancellation fee if they move more than 50 miles further than the address listed on their membership application, provided the member notifies ${gymAbbreviatedName} of the move prior to the first of the month in which the move is to occur. Any member who suffers a physical disability that will prevent him or her from using the facility for more than six 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 ${gymAbbreviatedName} of their wish to cancel over the phone or in person, any time during business hours prior to the first day of the month to be cancelled. There are no refunds for membership fees, and ${gymAbbreviatedName} will not prorate a cancelled membership.

You (the buyer) may cancel this agreement within 30 days from the time you knew or should have known of any substantial change in the services or programs available at the time you joined. Substantial changes include, but are not limited to, changing from being coed to being exclusively for one sex or vice versa. To cancel, send written notice of your cancellation to the address provided in this contract for sending a notice of cancellation. The best way to cancel is by keeping a photocopy and sending the cancellation by registered or certified mail, return receipt requested.

If you become totally and permanently disabled during your membership term, you may cancel this contract. The facility is entitled to a reasonable predetermined fee in such event, in addition to an amount equal to the value of the services made available for use.

5. Attire
Appropriate footwear is highly recommended and required to train as a member of ${gymAbbreviatedName}. 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. ${gymAbbreviatedName} is not liable for any harm or injury due to deviations in the recommended standards of footwear.

6. Lost Articles
${gymAbbreviatedName} assumes no responsibility for lost or stolen articles. Lost and found articles not claimed will be donated to charity.

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

8. Children
Members must be 16 years of age or older unless supervised by a parent or legal guardian at all times. Guest/Visitors under the age of 16 must be supervised by a parent or legal guardian at all times.


9. Conduct
${gymAbbreviatedName} 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. ${gymAbbreviatedName} has 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.

10. Damages
Members shall pay for any damages to ${gymAbbreviatedName} property which results from the willful or negligent conduct of member, member's guest or dependent children.

11. Rules and/or Regulations
Members who do not observe ${gymAbbreviatedName} rules and regulations or who abuse equipment in any fashion will be asked to leave. The management reserves the right to terminate membership to anyone who refuses to observe any of ${gymAbbreviatedName}'s rules or regulations. Not all rules and regulations are listed in this agreement. ${gymAbbreviatedName} reserves the rights to add, change or remove rules, conditions of membership, opening and closing hours, and all services and facilities offered by ${gymAbbreviatedName}

12. Unrestricted Use of Photo and Video
${gymAbbreviatedName}, its representatives and employees, have the right to take photographs or video of Member and Member's property while training with ${gymAbbreviatedName}.

The undersigned Member grants permission to ${gymAbbreviatedName}, and its agents or employees, to use photographs, video, and/or electronic versions of photographs taken of Member while training with ${gymAbbreviatedName} for any lawful purpose including, but not limited to, publicity, advertising, web content, and illustration. The undersigned Member acknowledges that ${gymAbbreviatedName} may use photographs and video with or without Member's name and without notifying the Member.

The undersigned Member hereby waives any right to inspect or approve the photographs (printed or electronic) and/or video that may be used by ${gymAbbreviatedName} now or in the future.

The undersigned Member waives any right to royalties or other compensation arising or related to the use of the photograph or video. The undersigned Member hereby holds harmless, releases, and forever discharges ${gymAbbreviatedName} from all claims, demands, and causes of action which Member, Member's heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of Member's estate have or may have by reason of this authorization.

13. Miscellaneous
a. 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 may be waived, altered, amended or repealed, in whole or in part, only upon prior written consent of all parties. This agreement shall be governed by the laws of the State of ${gymStateLong} without regard to the principles of conflict of laws thereof and treated as a contract entirely made and execute within ${gymStateLong}

b. Member has read, and fully agrees to the term 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 this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or 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.

c. If you have a history of heart disease, you should consult a physician before joining this facility.

d. If you should die during the membership term or any renewal term, your estate may cancel the contract. The facility is entitled to a reasonable predetermined fee in such event, in addition to an amount computed by dividing the total cost of your membership by the total number of months of the membership and multiplying the result by the number of months expired in the membership term. Reasonable proof of death maybe required under this paragraph.

e. Under this contract, no further payments shall be due to anyone, including any purchaser of any note associated with or contained in this contract, in the event the facility at which the contract is entered into ceases operation and fails to offer an alternate location, substantially similar, within ten miles.

NOTICE

State law requires that we inform you that should you (the buyer) choose to pay for any part of this agreement in advance, be aware that you are paying for future services and may be risking loss of your money in the event this facility ceases to conduct business. This facility does not post a bond, and no other protections may be provided to you should you choose to pay in advance.

WITNESS our signatures as of the day and date first above stated.${signatureTag}


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