Mats Boston LLC Liability Waiver and Cancellation Policy

 

 

This Waiver, Release, and Cancellation Policy agreement (“Agreement”) is between the undersigned participant (referred to as “I” herein) and Mats Boston LLC (herein, “MB”) and is immediately effective upon execution. 

 

1. I, the undersigned, am aware there are significant risks involved in all aspects of physical training and competitive sports. These risks include, but are not limited to falls that 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, including, but not limited to, weights and weight lifting bars. I am aware that any of these above-mentioned risks may result in serious injury or death to myself, other participants, and any minor on whose behalf I am signing this Agreement.

 

2. I understand I am fully responsible for any and all actions of any non-MB member guests and any minor children accompanying me while on MB premises. MB, its principals, coaches, or staff are not liable for any damages, or accidents. I also understand MB is not a daycare/child-care facility, there is no supervision provided, and I take full responsibility as indicated above.

 

3. I willingly assume full responsibility for the risks to which I am exposing myself and accept full responsibility for any injury or death that may result from my participation in any activity while at MB sanctioned events. I represent that I have no physical impairments or illnesses that will endanger myself or others.

 

4. 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 MB, I hereby release and hold harmless CrossFit, Inc., MB and each of their respective coaches, independent contractors, trainers, shareholders, members, insurers, principals, agents, employees, participants, athletes, trainees, and volunteers (collectively, the “Released Parties”) from any and all liability, claims, demands, actions or rights of action, which may be related to, arise out of, or are in any way connected with my participation in this activity, including any and all training, competitions, diet or food challenges, and those allegedly attributed to the negligent acts or omissions of the above-mentioned parties as well as those of other participants and trainees. The foregoing shall not apply to acts of gross negligence or willful torts. 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.

 

5. If I am signing on behalf of a minor child, I also give full permission for any person connected with MB 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.

 

6. I further agree to allow MB, its agents, officers, principals, employees, and volunteers the use of a picture(s), film, and/or likeness of me and any minor child for whom I am signing for advertising purposes, including social media. In the event I choose not to allow the use of the same for said purpose, I agree I must inform MB of this in writing.

 

7. I recognize there is risk involved in the types of activities offered by MB. Therefore, I accept financial responsibility for any injury that I may cause to myself or to any other participant due to my negligence. Should the Released 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.

 

8. Any disputes between myself and MB or any of the Released Parties (each of which is an intended third-party beneficiary of this Agreement) shall be resolved exclusively by binding arbitration conducted by a single arbitrator pursuant to the rules of the American Arbitration Association in Boston, applying Massachusetts law.

 

9. I understand MB is a business and, as such, is dependent on the goodwill and recurring attendance and payments of its athlete members. Accordingly, in the event I wish to cancel my membership, I agree that such cancellation will only become effective as of 11:59pm on the 30th day following my next regular monthly billing date. By way of example, if I give MB notice on May 15th of my intent to cancel my membership and am normally invoiced on the 20th of each month, I understand my membership will continue until June 20 and that I will be obligated to make the monthly membership payment on May 20. (This paragraph is inapplicable to non-member athletes who are merely "dropping in".) Should you wish to reactivate your membership in the future, the rates at the time of reactivation will apply, as membership rates are subject to change. 

 

I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to hold harmless and release from liability the parties named herein 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.