WAIVER AND RELEASE OF LIABILITY
ASSUMPTION OF RISK, WAIVER, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT
IN CONSIDERATION OF the risks associated with participating in fitness training, calisthenics, obstacle course activities, strength and conditioning exercises, mobility training, agility drills, endurance training, one-on-one personal training, group fitness classes, and any related instructional or recreational activities (collectively referred to as the “Activities”);
AND IN CONSIDERATION OF my desire to voluntarily participate in these Activities and being permitted to do so;
I HEREBY, for myself, my heirs, executors, administrators, assigns, and personal representatives (collectively referred to as “Participant,” “Releasor,” “I,” or “me,” including my parent or legal guardian if I am under the age of eighteen (18)), knowingly and voluntarily enter into this Waiver and Release of Liability and agree as follows:
I hereby release and forever discharge The Warrior Club, its owners, officers, directors, instructors, coaches, employees, independent contractors, volunteers, affiliates, representatives, successors, assigns, and agents (collectively referred to as the “Releasees”) from any and all liability, claims, demands, actions, causes of action, damages, costs, expenses, or compensation arising out of or relating to any physical injury, illness, psychological injury, disability, property damage, economic loss, or death that may occur as a result of my participation in the Activities.
ASSUMPTION OF RISK
I acknowledge that participation in fitness and physical training activities involves inherent risks, including but not limited to:
Muscle strains and sprains
Ligament or tendon injuries
Joint injuries
Cuts, bruises, abrasions, and contusions
Slips, trips, and falls
Heat exhaustion or heat stroke
Dehydration
Cardiac events
Concussions or head injuries
Broken bones
Equipment-related injuries
Injuries sustained during obstacle course participation
Injuries resulting from physical exertion or overexertion
Temporary or permanent disability
Emotional distress
Death
I understand that these risks may result from my own actions, the actions of other participants, the condition of equipment or facilities, environmental conditions, or the negligence of others.
I voluntarily assume all known and unknown risks associated with participating in these Activities.
MEDICAL FITNESS
I certify that I am physically capable of participating in the Activities.
I understand that it is my responsibility to consult with a physician prior to participating if I have any medical condition that could affect my ability to safely engage in strenuous physical activity.
I agree to immediately stop participation and notify an instructor if I experience dizziness, chest pain, shortness of breath, unusual fatigue, injury, or any other concerning symptoms.
EMERGENCY MEDICAL CARE
If I become injured or require medical attention during participation, I authorize The Warrior Club and its representatives to obtain emergency medical treatment deemed reasonably necessary, including but not limited to:
First Aid
CPR
Automated External Defibrillator (AED) use
Emergency Medical Services (EMS)
Transportation to a medical facility
I understand that I am solely responsible for any medical expenses incurred and acknowledge that The Warrior Club does not provide medical or health insurance coverage.
RELEASE OF LIABILITY
To the fullest extent permitted under Montana law, I release and discharge the Releasees from any and all liability arising from or related to my participation in the Activities, including claims arising from the ordinary negligence of the Releasees.
I understand this release does not apply where prohibited by applicable law.
INDEMNIFICATION
I agree to defend, indemnify, and hold harmless the Releasees from any and all claims, damages, liabilities, judgments, costs, expenses, or attorney’s fees arising out of my participation in the Activities or arising from claims brought by or on behalf of me, my family members, or my guests.
RULES AND INSTRUCTION
I agree to:
Follow all instructions provided by coaches and staff.
Use equipment only as instructed.
Exercise within my own physical abilities.
Inform staff of any injury or medical concern before participating.
Respect other participants and staff.
Refrain from reckless, dangerous, or disruptive behavior.
I understand that The Warrior Club reserves the right to remove any participant whose behavior is deemed unsafe or inappropriate without refund.
PROPERTY DAMAGE
I agree to be financially responsible for any damage to equipment, facilities, or property caused by my intentional misconduct, reckless behavior, or gross negligence.
CONTINUING EFFECT
This Waiver shall remain in full force and effect during my initial participation and every future visit, class, event, lesson, personal training session, competition, obstacle course, camp, or program conducted by The Warrior Club unless revoked in writing and accepted by The Warrior Club.
GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Montana.
If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.
ACKNOWLEDGEMENT
I acknowledge that I have carefully read this Waiver and Release of Liability.
I fully understand that I am giving up substantial legal rights, including the right to sue.
I understand that I am signing this agreement freely and voluntarily and intend my signature to serve as complete and unconditional release of liability to the greatest extent permitted by law.