Mako Athletics Liability Waiver (10728)
I, agree to participate in one or more physical fitness program(s)/class(es) sponsored by Mako Athletic Performance, LLC, which may include, but not necessarily be limited to CrossFit Training, and/or training of any kind by any affiliate, subsidiary or partnership of Mako Athletic Performance, LLC has made me fully aware that the fitness programs/classes which Mako Athletic Performance, LLC offers and in which I desire to participate are of a nature and kind that are extremely strenuous and can/may push me to the limits of my physical abilities. I the undersigned recognize and understand that the programs/classes are not without varying degrees of risk which may include, but are not limited to the following: injury to the musculoskeletal and/or cardio respiratory systems which 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, rhabdomyolysis, or injury or death due to a medical condition, whether known or unknown by me. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for any and all risks that I am exposing myself to as a result of my participation in Mako Athletic Performance, LLC programs/classes and accept full responsibility for any injury or death that may result from participation in any activity, class or physical fitness program. I herby certify that I know of no medical problems that would increase my risk of illness and injury as a result of participation in a fitness program designed by Mako Athletic Performance, LLC. I have been informed that there exists the possibility of adverse physical changes during an exercise program, and I fully understand the same. Mako Athletic Performance, LLC informed me that these changes could include abnormal blood pressure, fainting, disorder of heart rhythm, stroke, and in very rare instances, heart attack or even death, and I fully understand the same. With my full understanding of the above information, I agree to assume any and all risk associated with my participation in Mako Athletic Performance, LLC fitness programs.
In full consideration of the above mentioned risks and hazards and in full consideration of the fact that I am willingly and voluntarily participating in the activities made available by Mako Athletic Performance, LLC, and with my full understanding of all of the above, I hereby waive, release, remise and discharge Mako Athletic Performance, LLC and its agents, officers, principals and employees and volunteers, of any and all liability, claims, demands, actions or rights of action, or damages of any kind related to, arising from, or in any way connected with, my participation in Mako Athletic Performance, LLC fitness programs/classes/boot camps, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. 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. If I am signing on behalf of a minor child, I also give full permission for any person connected with Mako Athletic Performance, LLC 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.
Use of picture(s)/film/likeness:
I agree to allow Mako Athletic Performance, LLC, its agents, officers, principals, employees and volunteers to take and use picture(s), film and/or likeness of me for advertising purposes. In the event I choose not to allow the use of the same for said purpose, I agree that I must inform Mako Athletic Performance, LLC of this in writing.
Among the potential risks of strenuous exercise is a rare but serious condition known as Rhabdomyolysis. Rhabdomyolysis is a medical disorder that harms the kidneys. The disease results from the toxicity of destroyed muscle cells. A pigment that contains Iron, called myoglobin that exists in skeletal muscle enters the bloodstream after the muscle suffers damage. The kidneys have difficulty filtering the myoglobin out of the bloodstream, because it blocks the structures within the kidney, which can result in serious kidney damage or kidney failure. Additionally, the dead skeletal muscle can cause large shifts in fluid from the bloodstream into the muscle, which reduces the relative fluid volume of the body and can lead to shock and reduced blood flow to the kidneys.
This condition has many causes, among them are:
• Severe exertion such as marathon running or calisthenics
• Ischemia or necrosis of the muscles (as may occur with arterial occlusion or other conditions)
• Use or overdose of drugs-especially cocaine, amphetamines, statins, heroin, or PCP
• Shaking chills
• Heat intolerance and/or heatstroke
• Alcoholism (with subsequent muscle tremors)
• Low phosphate levels
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Mako Athletic Performance, LLC has put in place preventative measures to reduce the spread of COVID-19; however, Mako Athletics cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Mako Athletic Performance, LLC could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that you may be exposed to or infected by COVID-19 by attending Mako Athletic Performance, LLC and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Mako Athletic Performance, LLC may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Mako Athletic Performance, LLC employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance at the Mako Athletic Performance, LLC. On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Mako Athletic Performance, LLC employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Club, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Mako Athletic Performance, LLC programs.
Please answer the following questions