CrossFit Greater Heights Waiver of Liability & Health Information Form
580 TC Jester, Houston, TX. 77007
I, the undersigned, 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; strains and sprains. 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, or under direction of CrossFit Greater Heights. I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me and/or others.
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 offered by CrossFit Greater Heights, I, the undersigned hereby release CrossFit Greater Heights, 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 the above mentioned parties. 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 Greater Heights 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 Greater Heights. 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 Greater Heights, 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 Greater Heights, at the main location or abroad. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to main building, and/or any area selected for training by CrossFit Greater Heights. 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.
Cross-Fit Greater Heights Photo & Video Release FormI hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or video tape without payment or any other consideration to Cross-Fit Heights. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse settings within an unrestricted geographic area.
Photographic, audio or video recordings may be used for the following purposes:
- conference presentations
- educational presentations or courses
- informational presentations
- on-line educational courses
- educational videos
- websites
- social media
By signing this release I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet, social media or in any setting.
I will be consulted about the use of the photographs or video recording for any purpose other than those listed above.
There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.
This release applies to photographic, audio or video recordings collected as part of the sessions listed on this document only.
By signing this form I acknowledge that I have completely read and fully understand the above release and agree to be bound thereby. I hereby release any and all claims against any person or organization utilizing this material for all purposes.
CrossFit Greater Heights Covid-19 WaiverAssumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19IN CONSIDERATION for being permitted to participate in the athletic programs provided by CrossFit Greater Heights (CacoJarauco LLC DBA CrossFit Greater Heights at 580 TC Jester, Houston, TX 77007 ("gym"), I, on behalf of myself and all persons and entities claiming by, through or under me hereby acknowledge, agree and represent that I have inspected and carefully considered the gym, the gym premises, equipment and facilities, and I find and accept the same as being safe and reasonably suited for my use and/or participation in classes provided at the gym.
I acknowledge that the novel coronavirus (“COVID-19”) is a global pandemic and that infections have been confirmed throughout the United States and internationally, including Texas. I further understand and acknowledge that the President of the United States declared that the outbreak of COVID-19 in the United States constitutes a national emergency. Further, Governor Abbot of Texas, Mayor Sylvester Turner of Houston and Harris County Judge Lina Hidalgo all whom have jurisdiction over the location where Crossfit Greater Heights is located have all declared a State of Emergency because of COVID-19.
I understand and acknowledge that the CacoJarauco, LLC DBA CrossFit Greater Heights cannot guarantee my safety or immunity from infection. There is no known vaccination for COVID-19. The mode by which COVID-19 is transmitted or how long it remains on surfaces or in the air is not entirely known. I fully understand, acknowledge and appreciate these facts and the uncertainty of the virus and how it may impact my health. I knowingly and voluntarily assume all risks associated directly or indirectly with participating in any activity at Cross-fit Heights, including classes, traveling to and from the gym, entering and exiting the gym premises, using equipment at the gym, interacting with other persons at or around the gym, and/or using facilities within the gym premises, including restrooms (collectively, the “Voluntary Activity”). With this understanding, I knowingly and voluntarily waive and release cacojarauco, LLC DBA CrossFit Heights and/or their respective directors, officers, employees, trainers, independent contractors. volunteers and agents (collectively, the “Releasees”), from any and all present and future claims of any type, including for any harm or loss, economic loss, personal injury, disease, death and property damage suffered by me. I agree to indemnify and hold harmless, and covenant not to sue, the Releasees for any personal injury, death, medical expenses, disability, loss of capacity, property damage, court costs, attorneys’ fees, and/or other loss, including arising out of or related, whether directly or indirectly, to any Voluntary Activity.
I represent and attest that:
1. I am not experiencing any symptoms of illness. I do not have a fever or cough and am not experiencing shortness of breath. If I develop any of these symptoms, or if I have a suspected or diagnosed case of COVID-19, I agree that I will not attend or participate in any class at cross-fit greater heights, or otherwise enter or be physically present at CrossFit Greater Heights.
2. I agree to follow any and all safety protocols that have been or will be implemented by cacojarauco LLC DBA CrossFit Greater Heights including those that are posted at the gym and those that are sent to me electronically including by text message, SMS and/or email, as well as those posted on the website for the gym. I acknowledge that CacoJarauco, LLC DBA CrossFit Heights may change these protocols at any time and I agree to abide by any and all such changes.
3. I do not believe that I have been exposed to a person with a confirmed or suspected case of COVID-19.
4. I have not been diagnosed with COVID-19 and not yet cleared as non-contagious by state or local public health authorities.
5. I am and will continue to follow recommended guidelines as much as possible, including wearing a mask, practicing social distancing, trying to maintain separation of six feet from others and otherwise limiting by exposure to COVID-19, though I acknowledge that taking these measures will not guarantee that the virus will not be spread and/or that I will not catch it..
6. I will not visit or use the gym or the gym facilities, services and/or programs of the gym within 14 days after (I) returning from a highly impacted area subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, and/or (iii) exposure to any person who has a suspected or confirmed case of COVID-19. I agree to regularly check the CDC Travel Health Notices including those listed at the following site: (https://www.cdc.gov/coronavirus/2019-ncov/travelers/index.html) before using Crossfit Heights, attending classes at CrossFit Heights, or otherwise participating in any activity and/or programs available at CrossFit Heights.
7. I agree to notify the manager of CacoJarauco, LLC DBA CrossFit Greater Heights immediately if I believe that I am experiencing any symptoms of COVID-19 and/or if I have a suspected or diagnosed case of COVID-19.
I fully understand and appreciate both the known and potential dangers of using the gym, its facilities, equipment, services and programs and acknowledge that the use thereof by me may, despite CacoJarauco, LLC DBA CrossFit Greater Heights reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability and/or death.
I agree and acknowledge that use of the gym and its facilities and services may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death and/or property damage. I HEREBY ASSUME FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY DEATH OR PROPERTY DAMAGE to me, including due to negligence, active or passive, or otherwise while in, about or upon the premises of the gym and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with the gym. I acknowledge that any illness or injuries that I contract or sustain may be compounded by negligent first aid or emergency response of the Releasees and I waive any claim in respect thereof.
I further expressly agree that the foregoing COVID-19 WAIVER OF LIABILITY, ASSUMPTION OF RISK, RELEASE AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by applicable law and that if any portion thereof is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS INCLUDING THE RIGHT TO RECOVER DAMAGES FROM THE RELEASES IN CASE OF ILLNESS, INJURY , DEATH OR PROPERTY LOSS OR DAMAGES, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID -19 AT ANY OUTLET OR PROGRAM AND ALL ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS AND IS BINDING ON ME, MY HEIRS, FAMILY, ESTATE, REPRESENTATIVES AND ASSIGNS.
I HAVE READ AND UNDERSTAND THE TERMS OF THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT AND AGREE TO ITS TERMS.