Certain training and exercise offered by TCFT LLC, (dba Powdermill CrossFit) are very strenuous and challenging, beyond that which is offered at other gyms or exercise classes. It is strongly recommended that you consult your doctor if you have any concern about your ability to perform the exercise that you intend to engage in.

This waiver and release of all liability includes all activities, events, services and use of facilities provided, arranged, organized, or conducted by TCFT LLC (dba Powdermill CrossFit) including, but not limited to the following: group fitness classes, individual and small group indoor and outdoor fitness training and services in any way connected with or related to those activities.

WAIVER AND RELEASE OF ALL LIABILITY

Informed Consent / Assumption of Risk:

In consideration of myself and/or my minor child (the “Minor”) being permitted to participate in programs offered by Powdermill CrossFit, I agree as follows:

1. I understand that there are significant risks involved in all aspects of physical training and exercise and if I or the Minor choose to proceed with such training or exercise, I and the Minor voluntarily assume these risks and any injury, loss or damage that may result. I understand and agree that TCFT LLC (dba Powdermill CrossFit) activities are or could be considered an extreme test of my physical and mental limits and there is a possibility that I may suffer property loss, serious injury or even death. This could be caused by terrain, facilities, the equipment, temperature, weather, condition of athletes, equipment, vehicular traffic, lack of hydration, and/or any other unexpected event. This risk could be caused partially or wholly by me or by the actions of other people including but not limited to TCFT LLC (dba Powdermill CrossFit) or other participants, volunteers, coaches, trainers, bystanders or third parties. These risks are not only inherent to physical training and athletics but are also present for volunteers and spectators. I hereby assume all of the risks of participating, volunteering, or watching in any and all physical training, including CrossFit. I realize that liability may arise from negligence or carelessness on the part of the persons or entities being released from dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault. With full understanding of the potential risks, I HEREBY ASSUME THE RISKS OF PARTICIPATING, IN ANY WAY, IN PHYSICAL TRAINING SESSIONS, CLASSES, OR EVENTS, INCLUDING THE CROSSFIT PROGRAM.
2. I HEREBY FREELY AND VOLUNTARILY ASSUME ALL RISKS OF PARTICIPATING IN THESE TCFT LLC (dba Powdermill CrossFit) ACTIVITIES.
3. I understand that the owners, managers, members, officers, directors, partners, employees and agents of TCFT LLC (dba Powdermill CrossFit) are not physicians now are they trained in medicine and they cannot provide reliable advice for any condition I or the Minor may have. I understand that I need to consult a physician if I have any questions concerning my or the Minor’s health or ability to participate in any of the physical training, exercise, classes or other physical training-related activities.
4. I hereby acknowledge that I and the Minor should consult with a physician before beginning any exercise program, including the programs offered by Powdermill CrossFit. I certify that I am not aware of any medical condition which would render me or the Minor unfit to participate in any program offered by Powdermill CrossFit, and that I will inform Powdermill CrossFit immediately of any change in my or the Minor’s medical condition. I understand that the reaction of the body, including the heart, lung, vascular system, to exercise cannot always be predicted with accuracy and that there is a risk of a full range of injuries, from minor to severe, including that possibility that I and/or the Minor might suffer permanent serious injury or death. I understand that the programs and classes offered by Powdermill CrossFit are of a nature and kind that are extremely strenuous and can/may push me and/or the Minor to the limits of my physical and mental abilities. These risks of injury, loss or damage might result from my or the Minor’s own actions or negligence, or the actions of negligence of others, or the conditions of the premises or of any equipment used. I acknowledge that there may be other risks to me and/or the Minor that are not known or not reasonably foreseeable. I agree to accept and assume all of the above risks that arise as a result of my and/or the Minor’s participation, including property damage, personal injury and/or death. For and in consideration of permitting me to participate in offering by Powdermill CrossFit, I also release, waive discharge, and promise not to sue TCFT LLC (dba Powdermill CrossFit) or its owners, managers coaches, trainers, members, partners, employees, officers, directors, agents, landlords, affiliated companies, and insurers from any and all liability for injury, loss or damage to my or the Minor’s person or property, or any other consequence in connection with my or the Minor’s participation in training or exercise received at or directed by Powdermill CrossFit. 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.
5. For and in consideration of permitting me and/or the Minor to participate in offering by Powdermill CrossFit, I also agree to indemnify, defend and hold harmless TCFT LLC, or Powdermill CrossFit, its owners, managers, coaches, trainers, partners, principals, contractors, employees, volunteers, officers, directors, agents, trainers, affiliated companies, and insurers from any and all damages, liabilities, claims, demands, actions, causes of action, fees and costs incurred in connection with any third party claims or threats of claims asserted arising from, related to, or in any way connected with my and/or the Minor’s participation in recreational or athletic activities offered by Powdermill CrossFit, including those allegedly attributed to the negligent acts or omissions of any Powdermill CrossFit party. I intend this release and hold harmless agreement to forever bind myself as well my estate, personal representatives, guardians, conservators, heirs, executors, administrators, next of kin, and assigns.
6. If I am signing on behalf of a minor child, I also give full permission for any person connected with Powdermill CrossFit to administer first aid deemed necessary, and in the case of serious illness or injury, I give permission to call for medical or surgical care for the child and to transport the child to a medical facility deemed necessary for the well-being of the child.
7. I understand that Powdermill CrossFit may take photographs and/or video images of me and/or the Minor while participating in programs offered by Powdermill CrossFit. For an in consideration of permitting me and/or the Minor to participate in offerings by Powdermill CrossFit, I grant permission to Powdermill CrossFit and the irrevocable and unrestricted right to reproduce the photographs and/or video images taken of me and/or the Minor for the purpose of publication, promotion, illustration, advertising, trade or any other reason, in any manner or in any medium. For and in consideration of permitting me and/or the Minor to participate in offerings by Powdermill CrossFit, I hereby release Powdermill CrossFit for all claims and liability relating to said images or video. Furthermore, I hereby grant permission to use my or the Minor’s statements that were given during any interviews without my or the Minor’s name, for the purpose of advertising and publicity without restriction. I waive any and all rights that I or the Minor have to any compensation in this regard.
8. I understand that Powdermill CrossFit recommends that I not bring valuable personal property to the premises. Powdermill and its staff are not responsible for my personal property at, or stolen from, Powdermill CrossFit.

By my signature below, I represent that I have carefully read, understand, and consent to the terms of this waiver and release or liability. I understand and confirm by signing this waiver and release that I expressly and willingly agree to assume complete responsibility for any injury to my person or damage to my or the Minor’s property that may arise in connection with my or the Minor’s participation in training or exercise received at or directed by TCFT LLC (dba Powdermill CrossFit).

In the event that any provision of this Agreement is deemed inconsistent with the Massachusetts General Laws Chapter 93 80 as it may be amended from time to time, such provisions shall be deemed to be null and void.

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 to any person and damage to property caused by my negligent or intentional act or mission.

I UNDERSTAND THAT BY SIGNING THIS FORM I AM WAIVING VALUABLE LEGAL RIGHTS. I AM SIGNING THIS FORM VOLUNTARILY AND WITHOUT INDUCEMENT.

In the event that any provision of this Agreement is deemed inconsistent with the Massachusetts General Laws Chapter 93 80 as it may be amended from time to time, such provisions shall be deemed to be null and void.