CrossFit involves weightlifting, sprinting and gymnastics all of which subject participants to potential injury that is inherent in the nature of the activities. By agreeing to workout at FYR Denver you agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risks of injury, illness, or death or loss of personal property. This waiver and release of liability includes, without limitation, all injuries which may occur as a result of, (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunctioning of any equipment (c), the actions of fellow participants in the club while taking part in any activity, class, program, personal training or instruction (d) our instruction, training, supervision, or dietary recommendations, and (e) your slipping and/or falling while in the club, or on the FYR Denver premises, including adjacent sidewalks and parking areas.
Because CrossFit can be strenuous and subject participants to risk of serious injury, FYR Denver urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, and all participating family members) agree that if you engage in any physical exercise or activity, or use any FYR Denver amenity on the premises or off premises including any sponsored club event, you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any changes.
FYR Denver members are provided many benefits for free including but not limited to, instruction, facilities, workout planning and coaching. As such, members and participants are beneficiaries as defined under N.J. Stat. § 2A:53A-7.
Participants give permission to FYR Denver to use their likeness, alone or with others, by means of photograph, video or other medium for use in promotional materials or publicity, without notice to me and with or without a caption that identifies me. I understand my likeness may appear in internal publications, promotional audio/visual presentations, or external publicity, including, without limitation, use on FYR Denver web site, newsletters, annual report or other development or promotional materials. I agree that I shall have no right to (i) pre-approve use of my likeness as described above, (ii) claim compensation for the use of my likeness as described above, and (iii) make any claims based on the use, or non-use, of my likeness as described above, including any claims for libel, defamation or invasion of privacy. I agree that FYR Denver and/or other event sponsor(s) or host(s), as the case may be, shall own all images taken by it or its representatives.
You expressly agree to release and discharge FYR Denver, and all affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against FYR Denver for personal injury or property damage. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of FYR Denver, its agents, and employees.
If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from. By signing this release, I acknowledge that I understand its content and that this release cannot be modified orally. You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability.