Liability Waiver and Release Form
This Liability Waiver and Release (this "Waiver") is made as of {sign_date} (the "Effective Date"), by and between Iron & Elm (the "Facility"), and the individual signing below (the "Participant").
1. Voluntary Participation. The Participant is voluntarily participating in classes, training, activities, and use of the equipment and facilities offered by the Facility (collectively, the "Activities"). The Participant is participating of their own free will and is not required to do so.
2. Assumption of Risk. The Participant acknowledges that the Activities involve physical exertion and carry inherent risks that cannot be eliminated without changing the essential nature of the Activities. These risks include, but are not limited to, muscle strains, sprains, cuts, bruises, broken bones, concussion, heart or cardiovascular events, permanent disability, and, in rare cases, death, as well as damage to or loss of personal property. The Participant knowingly and voluntarily assumes all such risks, both known and unknown, and accepts personal responsibility for any resulting injury, illness, damage, or loss.
3. Release and Waiver of Liability. In consideration of being permitted to participate in the Activities, the Participant, on behalf of themselves and their heirs, assigns, and personal representatives, releases and agrees not to sue the Facility and its owners, officers, directors, managers, members, instructors, employees, volunteers, and agents (collectively, the "Released Parties") from any and all claims, demands, or causes of action for any loss, damage, injury, or death sustained in connection with the Activities, including claims based on the Released Parties' own ordinary negligence. This release does not apply to gross negligence, recklessness, or intentional misconduct, or to any liability that cannot be waived under applicable law.
4. Indemnification. The Participant agrees to indemnify and hold the Released Parties harmless from any claim, loss, liability, or expense (including reasonable attorneys' fees) brought by the Participant or by a third party arising out of the Participant's participation in the Activities, except to the extent caused by the Released Parties' gross negligence or intentional misconduct.
5. Medical Fitness and Emergency Treatment. The Participant confirms that they are physically fit to participate in the Activities and have no medical condition that would make participation unsafe. The Participant is responsible for consulting a physician before beginning. In the event of an injury or medical emergency, the Participant authorizes the Facility to arrange emergency medical treatment and agrees to be responsible for the cost of that treatment.
6. Rules and Conduct. The Participant agrees to follow the Facility's posted rules, the instructions of its staff, and the safe use of all equipment.
7. Governing Law and Severability. This Waiver is governed by the laws of the State of Rhode Island , without regard to its conflict-of-laws rules. If any part of this Waiver is found unenforceable, the remaining parts stay in full force and effect, and the unenforceable part will be limited or removed only to the minimum extent necessary.
8. Acknowledgment. The Participant has read this Waiver, understands that they are giving up substantial legal rights by signing it, and signs it freely.
Participant:
Printed name: {name}
Date: {sign_date}
Photo and Media Release
Photo and Media Release. The Participant grants the Facility permission to photograph and record them during the Activities and to use those images and recordings in its marketing, website, and social media, without payment or further approval. The Participant may withdraw this permission at any time by writing to the Facility, which will stop future use going forward.
I agree to the photo and media release above.
I do not agree, and my image should not be used.