Saturday Sweat featuring Crew Training Club

CREW TRAINING CLUB, LLC
WAIVER AND RELEASE, INDEMNITY, HOLD HARMLESS AND ASSUMPTION OF RISK
AGREEMENT

I, the undersigned, agree to the following terms and conditions in order to participate in any activities instructed by Crew Training Club, LLC, a Tennessee limited liability company (“Activities”) of the premises located at 1008 Russell Street, Nashville, Tennessee 37206 (“Premises”).

I acknowledge and agree that Activities may involve or include:

Activities that could result in harm or injury to me and involve risks and dangers of serious bodily injury, including permanent disability, paralysis and death, and property damage (“Risks”);
Risks which may be caused by my own actions or inactions; the actions or inactions of other participants, the equipment used, the conditions in which the Activity takes place or the negligence of Releasees as named below;
Activities that may take place in the Premises, surrounding the Premises, or elsewhere; and
Other Risks and other social, health and economic circumstances that may create Risks that are not known to myself and/or Crew Training Club, LLC and may or may not be foreseeable to myself and/or Crew Training Club, LLC at this time.
I acknowledge that myself and the Releasees defined below may use goods or equipment obtained from third parties, and that the Releasees makes no warranty as to the quality, safety, construction or suitability of such goods or equipment.

I understand that the Activities is physical in nature, that I and other participants in the Activities will be training together, and that there are inherent dangers involved in participation in the Activities, whether as result of an injury to myself or a medical condition that may be manifested or aggravated by the Activities. Specifically, I acknowledge that social distancing may not always be possible depending on the circumstances and that it is impossible to prevent potential exposure to COVID-19 or any other contagious diseases.

I acknowledge that the health and fitness content provided by Crew Training Club, LLC is designed for educational and informational purposes only and is not intended to be, nor does it constitute, medical or other professional healthcare advice. Crew Training Club, LLC strongly recommends that each participant consults with his or her physician before beginning any exercise program. It is my responsibility, as the participant, to evaluate my own medical and physical condition to determine whether to participate in an exercise program. Crew Training Club, LLC recommends that each participant always checks their surroundings before exercising. If the participant experiences faintness, dizziness, pain, or shortness of breath at any time while exercising, he or she should stop immediately. I represent and warrant that I am in good physical condition and have no medical reason or impairment that might prevent me from the intended use of the services and facilities.

I further acknowledge that if I choose to participate in any Activities at a location other than the Premises, that I assume all any and all risks, known and unknown, of personal injury, sickness, death, property damage and related costs and expenses as a result of participation in the Activities and the various activities involved therein, whether on the Premises or otherwise.

In consideration of my ability to participate in Activities on the Premises, or elsewhere, I agree to waive, release and discharge Crew Training Club, LLC, the owners of Crew Training Club, LLC, their affiliates, subsidiaries, parent companies, officers, directors, employees, independent contractors, agents, attorneys, representatives and their respective assigns, predecessors, and successors, and all persons acting under, by, through, or in concert with any and each of them, (all are referred to herein as “Releasees”) from any and all liability or claims, actions, obligations, costs, expenses, losses, suits, debts, rights, damages and benefits of whatever character, in law or in equity, known or unknown, suspected or unsuspected, of any nature whatsoever (“Claims”) whether for any personal injury, physical and mental, death and property damage associated with my participation in Activities.

I further agree that the Releasees will not be liable for any injury including, without limitation, personal, bodily, or mental injury, disability, death, economic loss or any damage to me, my spouse or domestic partner, unborn child, heirs, or relatives resulting from the negligent conduct or omission of any member of Crew Training Club, LLC or anyone acting on their behalf, whether related to exercise or not.

I further agree to hold harmless and indemnify the Releasees from any and all Claims arising out of or in any way relating to my participation in any and all Activities.

I acknowledge that any Risk may be compounded by assistance, whether or not negligent, (“Assistance”) of Releasees or others. I consent to any Assistance rendered by Releasees, if present, as Releasees may deem necessary and release Releasees from any liability or Claims arising from Releasees’ decision to provide or not provide such Assistance.

I knowingly and freely assume and accept all risks associated with my participation in the Activities, whether caused by the negligence of the Releasees or others. I am voluntarily participating in the Activities with knowledge of the dangers involved.

I consent to any emergency medical treatment that Releasees might deem necessary and release Releasees for any liability arising from their decision to provide me with, or call upon others to provide me with, emergency medical treatment and/or transportation.

I understand and agree that during the Activities, I may be photographed and/or videotaped by the Releasees for internal and/or promotional use. I hereby grant and convey to the Releasees all right, title, and interest, including but not limited to, any royalties, proceeds, or

other benefits, in any and all such photographs or recordings, and consent to the Releasee’s use of my name, image, likeness, and voice in perpetuity, in any medium or format, for any publicity without further compensation or permission.

I agree and understand that this Agreement is the entire Agreement regarding this subject matter herein and supersedes any prior understanding. This Agreement is binding upon and inures to the benefit of the Releasees. Any matter arising under this Agreement shall be governed by Tennessee law, without giving effect to any choice or conflict of law rule, and any cause of action may only be brought in the federal and state courts of Davidson County, Tennessee. I understand that this Agreement is intended to be as broad and inclusive as permitted under law. If any portion of the Agreement is not valid, the remainder of the Agreement shall be in full force and effect.

I agree that this Agreement is binding upon my heirs, assignees and personal representatives.

I represent that I am of legal age and have the legal capacity to sign this Agreement.

I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT. I VOLUNTARILY GIVE UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES.