CrossFit EHT d/b/a CrossFit OTG — Waiver and Release of Liability

Optimal Training Gym
2907 Fire Rd, Building 1, Egg Harbor Township, NJ 08234

This Waiver and Release of Liability (the "Waiver") is entered into between CrossFit EHT, d/b/a CrossFit OTG, operating as Optimal Training Gym ("OTG"), and you, the client identified in your OTG member account (the "Client"; and, if the Client is a minor or you are signing as agent or guardian, on the Client's behalf).

1. Informed Consent and Assumption of Risk

The Client is aware that there are significant risks in all aspects of physical training. The Client understands that the reaction of the heart, lungs, and vascular system to exercise cannot always be predicted with accuracy, and that abnormal changes may occur during or after exercise, which may include abnormal blood pressure or heart rate; chest, arm, or leg discomfort; transient light-headedness or fainting; and, in rare instances, heart attack, stroke, or death. The Client understands that excessive work can, in rare cases, result in exertional rhabdomyolysis, and should watch for excessive soreness, darkened urine, and pain in the kidney areas in the days following an intense workout.

The Client understands that the programs and classes offered by OTG are extremely strenuous and may push the Client to the limits of the Client's physical abilities. These risks include, but are not limited to, falls that can result in serious injury or death; injury or death due to the negligence of the Client, a training partner, or others nearby; and injury or death due to improper use or failure of equipment. Any of these risks may result in serious injury or death to the Client or a training partner.

Recovery Modalities. The Client understands that OTG may make recovery amenities and modalities available, including but not limited to sauna, cold plunge, and cryotherapy. The Client understands that use of these modalities carries its own significant risks, including but not limited to burns; frostbite and other cold-related injuries; dizziness, light-headedness, or fainting; changes in blood pressure or heart rate; dehydration; and, in rare instances, cardiovascular events, serious injury, or death. The Client should consult a physician before using any recovery modality if the Client is pregnant, has a heart or circulatory condition, takes medication affecting heart rate, blood pressure, or temperature regulation, or has any other condition that may increase risk. The Client willingly assumes full responsibility for any and all risks arising from the use of recovery amenities and modalities.

The Client willingly assumes full responsibility for any and all risks arising from participation in OTG programs, classes, and events, and from use of OTG facilities and recovery amenities, and accepts full responsibility for any injury or death that may result. The Client certifies that the Client knows of no medical problem that would increase the Client's risk of illness or injury from participating in a fitness program designed by OTG or from using OTG's recovery amenities. With full understanding of the above, the Client agrees to assume any and all risk associated with participation in OTG programs, classes, and use of its facilities and amenities.

2. Waiver and Release

The Client fully understands that the Client's personal exercise program may be strenuous and that the Client chooses to participate voluntarily. The Client accepts all responsibility for the Client's health and any results, injury, or mishap that may affect the Client's well-being or health in any way. The Client waives any claims, demands, causes of action, or claims for relief whatsoever against, and releases OTG (as well as its owners, employees, and other authorized agents, including independent contractors) from any and all liability, claims, and/or causes of action the Client may have for injuries or other damages arising out of participation in OTG programs, classes, and events, and out of use of OTG facilities and recovery amenities and modalities (including but not limited to sauna, cold plunge, and cryotherapy), including but not limited to the personal training and nutritional programs.

This release applies to claims arising from ordinary negligence. It does not apply to, and OTG does not seek to be released from, liability for gross negligence, recklessness, willful or wanton misconduct, or intentional acts, or for any liability that may not lawfully be released under New Jersey law. If any part of this Section is held unenforceable, the remainder stays in force.

3. Photo and Video Release

The Client grants OTG permission to use the Client's photograph or video image in any and all publications for CrossFit or OTG, including website entries, without payment or other consideration, in perpetuity, and authorizes OTG to edit, alter, copy, exhibit, publish, or distribute all such photos and images. The Client waives the right to inspect or approve the finished product and any right to royalties or other compensation related to their use, and holds harmless, releases, and forever discharges OTG from all claims, demands, and causes of action arising by reason of this authorization, whether brought by the Client or by the Client's heirs, representatives, executors, administrators, or anyone acting on the Client's behalf.

The Client may withdraw this photo and video permission at any time by writing to OTG. Withdrawal applies going forward and does not require OTG to recall or remove material already published or distributed.

4. Indemnification

The Client recognizes that there is risk in the activities offered by OTG and accepts financial responsibility for any injury the Client may cause, either to the Client or to any other participant, due to the Client's negligence. If OTG or anyone acting on its behalf is required to incur attorney's fees and costs to enforce this Waiver, the Client agrees to reimburse those fees and costs. The Client further agrees to indemnify and hold harmless OTG and its principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from the Client's negligent or intentional act or omission while participating in activities offered by OTG or while using OTG facilities and amenities.

5. Parent/Guardian Representation, Warranty, and Consent

If the Client is under 18 years of age (a "Minor"), or if you are signing this Waiver on the Client's behalf as agent or legal guardian, then you, the undersigned signer, represent and warrant that: (a) you are the Minor's parent or legal guardian, or you otherwise hold full legal authority to execute this Waiver on the Client's behalf; (b) you have read this Waiver in full and agree to its terms on your own behalf and, to the fullest extent permitted by New Jersey law, on the Client's behalf; (c) you consent to the Client's participation in OTG programs, classes, and events and to the Client's use of OTG facilities and recovery amenities; and (d) you understand the risks described in this Waiver and voluntarily accept those risks for yourself and for the Client.

To the fullest extent permitted by New Jersey law, you agree to indemnify and hold harmless OTG and its owners, principals, agents, employees, volunteers, and independent contractors from and against any claim, demand, or cause of action arising out of the Client's participation in OTG activities or use of OTG facilities and amenities, including any claim brought by or on behalf of the Client, and from any claim arising out of a breach of the representations and warranties in this section. Nothing in this Waiver waives, or is intended to waive, any right or claim of a Minor that cannot lawfully be waived under New Jersey law.

6. Acknowledgement

The Client has fully read and fully understands the foregoing assumption of risk and release of liability, and understands that signing it obligates the Client to indemnify the parties named for any liability for injury or death of any person and damage to property caused by the Client's negligent or intentional act or omission. The Client understands that by signing this Waiver the Client is waiving valuable legal rights. The Client has carefully read this Waiver, fully understands its contents, is aware that it is a release and waiver of liability, and signs it knowingly, voluntarily, and of the Client's own free will.

7. Electronic Records and Signature

The Client — or, if the Client is a minor, the signing parent or legal guardian — has been provided with and has read OTG's Electronic Records and Signature Disclosure, and agrees to use electronic records and electronic signatures for this Waiver.

By typing your full legal name, drawing your signature, and submitting this Waiver, you adopt that name and mark as your legal signature, with the same effect as a handwritten signature on paper.

OTG records, with your signature: the full text of this Waiver exactly as displayed to you at the time of signing, the date and time of signing, the identity of the account that signed, whether the signature was given by the Client personally or by a parent or legal guardian on the Client's behalf, and the network address from which it was submitted. A copy of your signed Waiver remains available in your OTG member account at any time.

This Waiver is governed by the laws of the State of New Jersey.