I hereby agree to accept and be legally bound by this Group and Personal Training Agreement (“Waiver”). By signing, initialing, or accepting online, this document, I attest, contract, acknowledge and agree that I am legally bound by its content.

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RELEASE OF LIABILITY (Please Read Carefully)

I have enrolled and/or am participating in a program of strenuous physical activity (the “Program”), that includes, but is not limited to, walking, running, jumping, stretching, resistance training, weightlifting, power lifting, Olympic lifting, gymnastics, and the use of various conditioning and exercise equipment and facilities designed, offered, recommended, and/or supervised by SoMoved, First Place CrossFit, and/or its employees or agents (hereinafter referred to collectively as “1PL”).

 

I hereby affirm that I am in good physical condition and have no medical reason or impairment that could prevent or limit my participation in the Program or my intended use of the conditioning and exercise equipment and facilities designed, offered, recommended, and/or supervised by 1PL. I acknowledge and agree that 1PL does not provide medical advice, and that any information or advice I may receive from 1PL, whether related to my physical condition, my ability to use the facility and services of 1PL, my nutrition and/or diet, or otherwise, is not medical advice and is not a substitute for professional medical diagnosis, treatment, or advice or a medical examination. Accordingly, I acknowledge and agree that I will discuss any health or medical concerns with my physician or other health professional both (i) before using 1PL’s facilities and services, and (ii) after joining 1PL, in the event that any health or medical concerns arise that could prevent or limit my Participation in the Program or my intended use of the conditioning and exercise equipment and facilities designed, offered, recommended, and/or supervised by 1PL.

 

I acknowledge that the use of 1PL’s facilities, equipment, services, and programs involves an inherent risk of personal injury to me. I voluntarily agree to assume all risks of personal injury to me, my spouse, children, unborn children, other family members, heirs and assigns, guests, and invitees, and agree to waive any and all claims or actions that I may have against 1PL for any such personal injury (and no such person shall be liable for to me, my spouse, children, unborn children, other family members, heirs and assigns, guests, or invitees, or any person whatsoever for any such personal injury), including, without limitation

 

(i) injuries arising from my participation in the Program, wherever those injuries may occur;

(ii) injuries arising from any use of the conditioning and exercise equipment and facilities designed, offered, recommended, and/or supervised by 1PL;

(iii) injuries arising from my participation in supervised or unsupervised activities and programs in the premises owned or operated by 1PL;

(iv) injuries arising from the action or inaction of other guests, licensees, invitees or trespassers to 1PL;

(v) rhabdomyolysis;

(vi) heart attacks, strokes, heat stress, muscle pulls, strains, or tears, torn or damaged ligaments and/or tendons, joint sprains, broken bones, shin splints, knee/lower back/shoulder/foot injuries, and/or any other illness, infection, soreness or injury, however caused; and

(vii) accidental injuries that may occur within the facility or on the premises including stairwells, locker rooms, changing rooms, restrooms, dressing rooms, and outdoor facilities.

 

The provisions of this paragraph shall survive the termination of this agreement and my membership.

I further acknowledge that 1PL is not responsible for the loss or theft of, or any damage to, my personal or business property, which shall include any personal or business items placed inside or nearby the premises (such as, but not limited to, money, bank checks, credit cards, jewelry, clothing, purses, wallets, bags, briefcases, computers, phones, cameras, digital music players, automobiles, motorcycles, scooters, mopeds, bicycles, and the like), whether or not such personal or business property is used in connection with my participation in the Program.

 

I further acknowledge that (a) 1PL does not manufacture any of the fitness or other equipment at its facility and (b) 1PL does not manufacture any vitamins, food products, water, sports drinks, nutritional supplements, clothing or any other products sold at its facility; accordingly, 1PL is not responsible for, and I shall indemnify 1PL from, any liability of any sort arising from my use of any such equipment or products.

 

I hereby indemnify 1PL from any claim of personal injury, or property loss, theft, or damage, that are the subjects of the waiver set forth above. I further agree to pay on behalf of 1PL or reimburse 1PL for any losses that it may suffer, sustain, or become subject to as a result of, in connection with, relating or incidental to, or by virtue of any claim that is the subject of the waiver set forth above. The provisions of this paragraph shall survive the termination of this Agreement and my membership.

 

To the extent that the I am also an employee or independent contractor of SoMoved or First Place CrossFit, I agree that my participation in the Program is voluntary in nature and not work-related, nor does it fall within the course and scope of employment or contract with SoMoved or First Place CrossFit. Accordingly, I acknowledge that the terms of this agreement apply with full effect to my participation in the Program.

 

By agreeing to this document, I attest, contract, acknowledge, and agree that I am legally bound by its content.

 

MEMBERSHIP, PRICING, AND PAYMENT

I acknowledge and agree that this Group and/or Personal Training Agreement is not transferable or assignable. I acknowledge that payment is required in advance of actual training sessions or workouts. I agree to pay in advance for training sessions or workouts. I understand that this money is not refundable. I understand that this Agreement and the terms it presents covers the purchase of sessions, workouts, and any other purchase of services in the future. I acknowledge that this specific contract, release of liability, consent, and agreement is continuously valid indefinitely. No refund will be granted for sessions or workouts that have not been completed. I understand that 1PL has the right and the authority to terminate this agreement at any time, with no refund, if I do not follow the Program or fail to conduct myself in a safe, reasonable, and/or appropriate manner, as determined by 1PL and/or its employees or contractors.

 

RELEASE AND AUTHORIZATION

I hereby authorize 1PL to use for any purpose, including advertising, any photographs, video recordings, audio recordings, or other recordings of me, that 1PL may capture, generate, or create during while I am on 1PL’s premises and/or participating in any 1PL services or programs. I hereby waive any right that I may have to inspect or approve any of the above-described photographs or other recordings prior to their use by 1PL. I further release and discharge 1PL from any liability to me, my spouse, children, unborn children, other family members, heirs and assigns, guests, or invitees, or any person whatsoever for any blurring, distortion, alteration, optical illusion or use in composite form, of any of the above-described photographs or other records, whether intentional or otherwise.

 

I further authorize 1PL to use for any purpose, including advertising, any written statements or testimonials I may submit to 1PL, post on its website, or submit or post in any public forum. I release and discharge 1PL from any liability to me, my spouse, children, unborn children, other family members, heirs and assigns, guests, or invitees, or any person whatsoever for any editing or other alterations 1PL may make to the above-described written statements or testimonials prior to their use by 1PL.

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1PL Diversity and Inclusion Addendum

1PL is meant to be a movement to build a community founded on wellness, fitness, inclusion, and fun. The fuel that keeps us moving is the collective sum of our athletes’ individual differences. To create a gym that serves everyone, we believe in including everyone. No matter your identity, where you’re from, or your relationship with fitness, 1PL will meet you where you are and help bring you where you want to be.

 

At 1PL, we believe athletes perform best when they feel safe and supported. With that in mind, we are committed to providing a gym that is welcoming to all – regardless of what makes them unique.

1PL expects all coaches, members, and visitors to foster an environment of inclusion regardless of race, religion, age, ability, ethnicity, education, gender, sexual orientation, and/or socioeconomic class.

 

By signing below as a coach, a member, a client, or a visitor, you acknowledge and agree to:

1. Embrace our vision of a diverse and inclusive gym.

2. Act in a manner that is respectful and supportive of all.

3. Call in (as opposed to call out) individuals who have expressed potentially offensive, harmful, and non-inclusive language or behavior. Call-ins come from a place of kind correction, not shame or guilt.

 

* This policy does not form a contract of any kind. If you have any questions or concerns with our Diversity and Inclusion Acknowledgement, please do not hesitate to reach out to us. Thank you for your commitment to making our community a more inclusive and stronger place!

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