RELEASE OF LIABILITY, ASSUMPTION OF ALL RISKS AND INDEMNITY AGREEMENT
Assumption of Risk: I acknowledge that I am voluntarily participating in the training, curriculum, and program activities (the “Activities”) offered by CLB Nation, LLC, a Colorado limited liability company (“CLB Nation”), with the knowledge of, and by signing this Release of Liability, Assumption of All Risks and Indemnity Agreement (the “Agreement”) I hereby fully assume, the numerous risks and dangers involved in the Activities.
The Activities are meant to be an extreme test of toughness, strength, stamina, and camaraderie. Activities include, but are not limited to, workout plans of the following types: workout specific warm ups, targeted skill work and special exercises, proven strength training formulas, metabolic conditioning workouts, aerobic capacity training, accessory work, regular benchmarks and testing, and regenerative workout; notwithstanding the foregoing, these Activities may include carrying, lifting, squatting, lunging, pressing, and generally using heavy weights without in-person professional supervision. In summation, the Activities are hazardous that presents ultimate physical and mental challenges to participants.
I acknowledge that the Activities are a test of my physical and mental limits that carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of the Activities) regardless of the care and precautions taken by CLB Nation its affiliates, directors, officers, employees, agents, contractors, subcontractors or equipment suppliers. I also understand that it is extremely strenuous with the accompanying risks and dangers generally present in such Activities. I understand that these hazards may be magnified due to the fact that the Activities are often conducted under what may be extreme conditions and circumstances.
I further understand and acknowledge that any of these risk and others, not specifically named, may cause injury or injuries that may be categorized as minor, serious, or catastrophic. Minor injuries are common and include, but are not limited to: scrapes, bruises, sprains, strains, muscle tension and soreness, nausea, cuts, sunburn, abrasions, grazes, lacerations, and contusions. Serious injuries are less common, but do sometimes occur. They include but are not limited to property loss or damage, broken bones, fractures, torn or strained ligaments and tendons, concussions, exposure, dehydration, heat exhaustion and other heat-related illnesses, mental stress or exhaustion, infection, vomiting, dislocations, hyperthermia, hypothermia, anemia, electrolyte imbalance, loss of consciousness, syncope, dizziness, fainting, seizures, electric shock and/or injury, and neurological disorders/pain. Catastrophic injuries are rare; however, each participant in the Activities should be aware of the possibility. These injuries can include, but are not limited to, permanent disabilities, stroke, single or multiple organ failure or dysfunction, physical damage to organs, spinal injuries, paralysis, heart attack, heart failure, blood cell disorder, brain swelling, and even death.
I acknowledge that the enjoyment and enrichment of participation in the Activities is derived in part from the inherent risks incurred by Activities participation beyond the accepted safety of life at home or work, and that these inherent risks contribute to such enjoyment and enrichment, being a reason for my participation.
I also understand that it is my responsibility to consult with my personal physician prior to participating in the Activities to ensure that such participation will not pose any unusual risks to my health and well-being.
I UNDERSTAND FULLY THE INHERENT RISKS PARTICIPATING IN THE ACTIVITIES AND ASSERT THAT I AM WILLINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES. I HAVE READ THE PRECEDING PARAGRAPHS AND ACKNOWLEDGE THAT 1) I KNOW THE NATURE OF THE ACTIVITIES; 2) I UNDERSTAND THE DEMANDS OF THE ACTIVITIES RELATIVE TO MY PHYSICAL CONDITION; AND 3) I APPRECIATE THE POTENTIAL IMPACT OF THE TYPES OF INJURIES THAT MAY RESULT FROM THE ACTIVITIES. I HEREBY ASSERT THAT I KNOWINGLY ASSUME ALL OF THE INHERENT RISKS OF THE ACTIVITIES AND ACCEPT AND TAKE RESPONSIBILITY FOR ANY AND ALL DAMAGES, LIABILITIES, LOSSES, EXPENSES, ILLNESS, INJURY, EMOTIONAL TRAUMA OR DEATH THAT I MAY INCUR AS A RESULT OF PARTICIPATING IN THE ACTIVITIES.
Release: I do hereby release, discharge, and hold harmless CLB Nation and its parents, affiliated companies, subsidiaries, owners, contractors, subcontractors, members, employees, associates, insurance carriers, guides and agents (“Released Parties”) from and against all liability, actions, claims, and demands for any damages resulting from my participation in the Activities, whether caused by negligence or otherwise. I hereby release Released Parties from any and all liabilities arising from my participation in the Activities to the maximum extent of the law. I agree further that this Release and the obligations herein shall be legally binding upon me personally, my heirs, successors, assigns and legal representatives. It is my true and complete intention to fully assume all the risks associated with the Activities and to release the Released Parties from any and all liabilities to the maximum extent permitted by law. By signing this Agreement, I am not relying on any oral or written representation or statements made by CLB Nation or any other Released Party, other than what is set forth herein.
Photography: I also hereby acknowledge understand that CLB Nation reserves the right to take photographic or other images or records of any of the Activities, and I hereby agree that CLB Nation may use any such images or records for promotional and/or commercial purposes, or authorize such use by third parties with whom CLB Nation may engage, without any remuneration, financial or otherwise, to me. I hereby consent to the use of my name, image, and/or likeness in connection with such photographic or other images in any territory, through any medium, and for any purpose and waive all claims to compensation therefor. I hereby assign all right, title, and interest I may have in or to any and all media in which my name, image and/or likeness might be used by CLB Nation.
Third-Party Services and Content:
Certain opinions, advice, statements, or other information, including without limitation, food, nutrition and exercise data, may be made available by third parties through or in connection with the Activities (“Third-Party Content”). This Third-Party Content belongs to the respective authors or providers of the applicable Third-Party Content and these authors and providers are solely responsible for the Third-Party Content they provide in connection with the Activities. CLB NATION DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON ANY CLB NATION ACTIVITY; OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY AS A PART OF ANY THIRD-PARTY CONTENT. UNDER NO CIRCUMSTANCES WILL CLB NATION BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIRD-PARTY CONTENT POSTED ON THE CLB NATION ACTIVITIES OR TRANSMITTED TO OR BY ANY THIRD-PARTY IN CONNECTION WITH THE CLB NATION ACTIVITIES.
Indemnification: I promise to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties against any and all LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise from my acts or my failure to act (including my own negligence) during or relating to the my participation in the Activities. In accordance with this promise, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees that the Released Parties may incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
Waiver of Liability for Ordinary Negligence: In consideration of being permitted to participate in the Activities, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I (on behalf of the Releasing Parties) hereby forever waive, release, covenant not to sue, and discharge CLB Nation and the other Released Parties from any and all claims resulting from the inherent risks of the Activities or the ordinary negligence of CLB Nation (or other Released Parties) that I may have arising out of my participation in the Activities.
This Agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in the Activities, which includes injury during the Activities and injury as a result of any medical treatment; and 2) any and all claims resulting from damage to, loss of, or theft of property.
Miscellaneous: This Agreement is governed by and shall be construed in accordance with the laws of the state of Colorado, without any reference to its choice of law principles. This Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. All claims and disputes arising out of or relating to this Agreement or its subject matter shall be resolved according to the following procedures. The participant shall first attempt in good faith to resolve any claim promptly and written notice shall be provided to CLB Nation within thirty (30) days of the claim arising. If the matter has not been resolved within sixty (60) days after receipt of the party’s written notice, either party may initiate arbitration within fifteen (15) days thereafter. Any unresolved claim or dispute arising from or related to this Agreement shall be settled by legally binding arbitration, to be held at the Judicial Arbiter Group, in Denver, Colorado. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. These methods shall be the sole remedy for any controversy or claim arising out of this Agreement and I expressly waive my right to file a lawsuit in any civil court against Released Parties for such dispute, except to enforce an arbitration decision.
The prevailing party in any such arbitration shall be awarded reasonable attorneys’ fees, expert and non-expert witness costs and expenses and other costs and expenses incurred in connection with such arbitration. Costs and fees of the arbitrator shall be borne by the non-prevailing party. The arbitrator’s adjudication shall be final and fully binding upon the parties and enforceable in any court having jurisdiction thereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby.
I HAVE CAREFULLY AND FULLY READ AND UNDERSTAND THE CONTENTS AND LEGAL RAMIFICATIONS OF THIS AGREEMENT. I UNDERSTAND THAT THIS IS A LEGALLY BINDING AND ENFORCEABLE AGREEMENT AND SIGN IT OF MY OWN FREE WILL.