The following invoice shows what you will be charged as you select classes to drop into.
3075 Book Rd
Naperville, IL 60564
(hereinafter referred to as "Client”) enter into this
Agreement by and between CrossFit C2L, Comepete2Live, which will be providing
services through sole proprietors (hereinafter referred to as "Coach”). Coach
may conduct Client’s Personal Training services at a park, school, fitness
center, or in Client’s home, office or other location (herein "Studio”, "Home”,
"Office”, or "Location”, or referred to collectively as "Location”, with said
Training services to be provided pursuant to an agreed upon fee schedule, and
Trainer agrees to provide said training sessions subject to Client’s agreement
to the following terms and conditions.
ASSUMPTION OF RISK: I am aware that all
activities associated with receiving personal training instruction from Trainer
including, but not limited to activities involving aerobic exercise, stretching
exercise, running and weight lifting, as well as additional strenuous exercise
and/or exertion of strength, and other sustained physical activities which
place stress on the cardio-respiratory and muscular systems (collectively
referred to as "Training”), are and can be hazardous activities that include
certain risks and dangers, including but not limited to, catastrophic injuries,
including paralysis, other serious injury and death.
I VOLUNTARILY ACCEPT FULL RESPONSIBILITY OF ALL RISKS INVOLVED,
INCLUDING RISKS FROM PARTICIPATING IN ANYWAY IN THE
TRAINING, USE OF EQUIPMENT PROVIDED BY THE TRAINER
OR USE OF EQUIPMENT I PROVIDE, WHETHER THE TRAINING OCCURS AT THE STUDIO, PARK, AND MY HOME OR AT ANY OTHER LOCATION.
WAIVER: In consideration of my participation in the
Training provided by Trainer I, myself, my heirs, executors, administrators or
assigns, do hereby release, waive, discharge and covenant not to sue Trainer
and/or its members, managers, officers, directors, agents, and affiliated
entities (Hereinafter referred to as "Releases”) from liability, from any and
all claims, including the negligence of Trainer resulting in personal injury,
accident or illnesses (Including Death) and property loss arising from, but not
limited to, participation in the Training and use of facilities, premises or
equipment wherever located and by whomever provided. In further consideration
for the right to use equipment provided by Trainer or equipment at another
location, I acknowledge and agree that Trainer has not inspected the equipment
at the Location or the suitability for the training. I expressly release, hold
harmless, discharge and indemnify (Including costs and attorney’s fees) Trainer
and Releases for any loss, injury or damage (including Death) from any cause,
including negligence arising out of any Location, and/ or arising out of the
use of my equipment or equipment provided by Trainer.
JURISDICTION: I further expressly agree that the foregoing provisions in this
Agreement are intended to be as broad and inclusive as permitted by the laws of
the State of Illinois and if any portion of this Agreement is held invalid, it
is agreed that the balance shall, notwithstanding, continue in full legal force
and effect. I further acknowledge and agree that this Agreement shall be governed
by and shall be construed in accordance with the laws of the State of Illinois.
Any claims or legal actions by one party against the other shall be commenced
and maintained in the state courts of the State of Illinois.
AND HOLD HARMLESS: I also agree to INDEMNIFY AND HOLD Trainer and all Releases
harmless of any and all claims, actions, suits, procedures, costs, expenses,
duties and liabilities, including attorney’s fees brought as a result of my
Training with Trainer and to reimburse Trainer for any such expenses incurred.
ARBITRATION: Any controversies or disputes arising out of or connected to the
enforcement or interpretation of this Agreement shall be decided by final and
binding arbitration before a single arbitrator pursuant to the governing rules
of the state of Illinois. The arbitrator’s cost and fees shall be paid equally
by the parties. The prevailing party in such arbitration shall be entitled to
recover all reasonable attorneys’ fees and costs incurred, as awarded by the Arbitrator.
The venue for the arbitration shall lie in Illinois unless otherwise agreed by
the parties. Any arbitration award may be enforced by judgment entered in the
Superior Court of the State of Illinois.
PHYSICIAN APPROVAL: I have represented to Trainer that I
have either a) been given a physician’s permission to participate in the
Training, or b) voluntarily participate in the Training and accept all risks
related to the Training without the approval of my physician(s). I represent
that I am not aware of any medical or physical condition that would prevent me
from participating in the Training or from using equipment or facilities which
pose a serious health risk to me. I further acknowledge and agree that I am not
obligated to participate in any Training that I do not wish to participate in.
I will inform Trainer immediately if I do not wish to participate in any
NAME AND LIKENESS RELEASE: I understand that Trainer, may
photograph or video me prior to, during the delivery of Training, or at the
completion of Training and I agree to allow Trainer to use photographs and
videos of me, as well as, name and likeness for promotional purposes.
ACKNOWLEDGEMENT OF UNDERSTANDING: I have read the
Assumption of Risk, Waiver of Liability, provisions in this Agreement and I
understand that I am giving up substantial rights, including my right to sue. I
acknowledge that I am signing the Agreement freely and voluntarily and intend,
by my signature that this document be a complete and unconditional release of
liability to the greatest extent of the law. I further certify that I have
fully read and understand the terms of this agreement and will comply with the
MINORS: IF UNDER 18, SIGNATURE OF PARENT OR GUARDIAN IS
REQUIRED The undersigned parent, being the natural or legal guardian of the
child named below, does hereby represent that he/she (they) is (are), in fact,
acting in such capacity, has fully read and understands the terms of this
Agreement and the risks assumed in allowing a child to participate in any of
the Compete2Live, LLC. And CrossFitC2L programs, consents and grants permission
for the child’s participation in the programs, and agrees to indemnify, save
and hold harmless each and all of the parties herein referred to above as
RELEASED PARTIES from all loss, liability, damage, cost or claim whatsoever
arising out of, related to, or resulting from the child’s participation in the
PERSONAL COACHING: I understand that I am required to provide a minimum of 48 hour notice of cancellation for all Personal Coaching sessions and that failure to do so will result in being charged for that session. Personal Coaching sessions are non-refundable and non-transferable.
I agree to these terms.