ASSUMPTION OF RISK/WAIVER OF LIABILITY 

1. Consideration for Waiving Liability. In consideration for the opportunity to attend, participate in, compete in or volunteer at the Down Under CrossFit Championship (“DUC”) an event under the Functional Sports Network Pty Ltd company, and any related activities, use of any equipment, tests, promotional events, training, seminars, workouts, exercise, entertainment, demonstrations, instruction, ceremonies and exhibitions, whether conducted, owned, leased, organised, operated, managed, supported, sanctioned or sponsored by or on behalf of CrossFit, Inc., Blindside Group Pty Ltd (T/A AlphaFit), The WOD Life Pty Ltd, LSKD PTY LTD, HWPO Training and/or DUC, any of their respective officers, directors, agents, assistants, contractors, volunteers, staff, representatives, guests and employees, as well as coaches, instructors, judges, trainers, owners, lessors, lessees or sponsors, exhibitors, vendors, spectators, media and medical personnel present at the DUC (collectively, the “Released Parties”), or any other venue, location or equipment used in or with any part of the DUC, with or without supervision and whether such activities take place at or near the venue, travelling to or from the venue or otherwise, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, by signing below and agreeing to this Agreement, I (sometimes referred to herein as “Participant”), for myself, my heirs, executors, next of kin, successors in interest, guardians, legal representatives, assigns and administrators, agree as follows:

2. Inherent and Additional Risks.  I agree and acknowledge that participating in the DUC may involve inherent danger and risk, that the risk of injury from the DUC is significant, that the functional fitness can be unpredictable, and that such risks and dangers include, without limitation, the danger and risk of (i) PHYSICAL INJURY AND/OR DEATH; (ii) falling, jumping, landing, misdirected equipment, colliding with staff, guests, media personnel and spectators; (iii) minor injuries, such as scratches, bruises and sprains; (iv) major injuries, such as joint and back injuries, broken bones, dislocated shoulders, concussions, rhabdomyolysis, musculoskeletal injuries, cardiovascular injuries, cardiovascular trauma, heart attack, stroke, and injury to my foetus (if pregnant); (v) catastrophic injuries, such as brain injury and paralysis; and (vi) property damage.  With respect to any Participant acting as a volunteer for the DUC or venue, the activities at the DUC may also include, without limitation, (a) assisting with, preparing for or tearing down a venue; (b) participating in the administration, monitoring or governance of an event or activity; (c) competing in, assisting participants and/or their families in preparing and training for an event or activity; (d) teaching or instruction, equipment preparation or maintenance; (d) directing traffic and people; (e) performing administrative tasks, and/or (f) participating in any other duties or uses of the venue.  I also understand that the use of alcohol and/or drugs may increase or exacerbate these risks and dangers. I understand and agree that neither my actions, nor the actions of any other person, can necessarily be controlled, and that my safety and health cannot be guaranteed while participating in or observing the DUC and related activities or visiting the venue. By signing this Agreement, I freely accept and fully assume responsibility for all such dangers and risks and the possibility of personal injury, death, property damage or loss resulting therefrom.  I acknowledge and understand that the description of the risks and dangers listed above is not complete and that participating in the DUC involves additional risks and dangers, which may include, without limitation, encounters with motor vehicles and equipment, limited access to and/or delay of medical attention, mental distress from participation, and negligence of others.  I understand that there are risks involved in the decision-making and conduct of the DUC and/or CrossFit, Inc. employees and volunteers involved with the DUC, including, but not limited to, the risk that a coach, instructor, staff or volunteer may misjudge a participant’s abilities, conditioning, or mental, emotional or physical condition, misjudge weather, terrain, facilities, equipment, location, or misjudge some other aspect of the DUC that may make a certain portion of any DUC inappropriate for Participant.

3.  Duties of Participant and Representation as to Physical Condition.  I agree to, or if I, as the Participant, am under the age of 18, Adult agrees to read and, if necessary, explain to me, all posted signs and warnings.  I must maintain control at all times while participating in the DUC.  I am responsible for reading, understanding and complying with all signage, including, without limitation, instructions for the use of the venue.  I acknowledge that I have the physical dexterity and knowledge to safely engage in the DUC and use the venue. I acknowledge and agree that I am solely responsible for evaluating my physical fitness, mental fitness, technical skills and experience in order to assess my suitability to engage in the DUC. 

4. Consent to Medical Treatment. In connection with any injury that I may sustain or illness or other medical conditions that I may experience during my presence at the DUC or the venue or otherwise while engaging directly or indirectly in the DUC, I authorise and consent to receive any emergency first aid, medication, medical and/or surgical treatment deemed necessary by the attending personnel and/or the DUC employees and agents.  I acknowledge that the Released Parties are under no obligation to provide such medical treatment or services, and the Released Parties do not warrant or make any representation concerning the adequacy or continuation of such medical services, nor can the Released Parties be deemed responsible or held liable for any claims arising out of the provision of such medical services or the failure to provide or to continue to provide such medical services.  I further authorise the attending personnel and/or the DUC employees or agents to execute on my behalf any permission forms, consents or other appropriate documents relating to medical attention and to act on my behalf if not able or immediately available to do so and the same is urgent as determined in their sole discretion.
I ACKNOWLEDGE AND AGREE THAT EMERGENCY ASSISTANCE AND/OR TREATMENT MAY BE RENDERED BY PERSONS WITH TRAINING OR EXPERIENCE WHICH MAY NOT BE ADEQUATE FOR CERTAIN MEDICAL SITUATIONS AND/OR THE INJURIES SUSTAINED BY ME, WHICH INJURIES MAY BE COMPOUNDED BY NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER INDIVIDUALS OR MEDICAL OR EMERGENCY PERSONNEL AND WAIVE ANY CLAIM IN RESPECT THEREOF IN ACCORDANCE WITH SECTION 6 BELOW.
I expressly acknowledge that if the DUC and venue are located some distance from medical facilities, that such distance may exacerbate any injury or condition sustained by me.  I shall be responsible for all costs associated with such medical care and related transportation.

5. Assumption of Risks. Understanding, acknowledging and agreeing to all the risks and hazards involved with the DUC, I freely and voluntarily choose to participate in the DUC, travel to, enter and use the venue, and I HEREBY VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS, DAMAGES, THEFT, INJURY OR DEATH THAT MAY OCCUR TO ME OR MY PROPERTY AS A RESULT OF OR INCIDENT TO MY PARTICIPATION IN THE DUC OR FROM ANY PRIZES THAT MAY BE AWARDED TO ME IN CONNECTION WITH THE DUC, INCLUDING THE RISK I MAY BE INJURED BY THE ACTIONS, OMISSIONS, REPRESENTATIONS OR NEGLIGENCE OF THE RELEASED PARTIES, OTHER PARTICIPANTS OR THIRD PARTIES WHILE PARTICIPATING IN THE DUC OR VISITING, TRAVELLING TO OR FROM OR USING OR VISITING THE VENUE. I understand and agree that by agreeing to this Agreement, I am assuming full responsibility for any and all risk of death, serious personal injury, temporary or permanent disability, or property loss and/or damage suffered by me or my property in connection with the DUC whether or not described in this Agreement, known or unknown, inherent or otherwise, or while visiting, travelling to or using the venue.  I understand and agree that this Agreement will be binding on me, my spouse (or registered domestic partner), my guardians, the executors or administrators of my estate, my heirs, my personal representatives, my assigns, my successors in interest, my children, and any guardian ad litem for said children (collectively, the “Releasors”). I accept full and complete responsibility for the safety of myself, any guests, observers or other individuals who I have invited to the Venue, and property we have brought to the Venue, and I assume the risk of damage, theft, loss or injury caused by others to me, my guests and our property.  I also accept full and complete responsibility for the consequences of taking unreasonable risks while participating in the DUC or using the venue, including, without limitation, attempting activities that I am not qualified to perform safely, causing any other participants/spectators an unreasonable risk of harm, or failing to follow correct safety procedures when using the venue and participating in the DUC.

6. Liability Release and Waiver of Claims.  On behalf of myself and the Releasors and in consideration for being allowed to participate in the DUC and/or use of the venue, I HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS OR CAUSES OF ACTION, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, ACCIDENT, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE, DESTRUCTION, DELAY, INCONVENIENCE OR OTHER HARM OF WHATEVER NATURE THAT MAY BE DIRECTLY OR INDIRECTLY RELATED TO, ARISING FROM OR SUSTAINED FROM PARTICIPATION IN THE DUC AND/OR TRAVEL TO OR FROM OR VISIT TO OR USE OF THE VENUE OR ACTIVITIES RELATED THERETO, NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER NEGLIGENT ACT OR OMISSION OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF ANY RELEASED PARTIES OR OTHERWISE, provided that nothing in this Section 6 shall be deemed to release any Released Party from liability arising from their own willful or intentional injury to me or my property.  

7. Indemnification. I SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, LOSSES, COSTS, DAMAGES, EXPENSES, SETTLEMENTS, JUDGMENTS, CAUSES OF ACTION AND LIABILITIES OF ANY KIND WHATSOEVER, WHETHER FORESEEN OR UNFORESEEN, INCLUDING ATTORNEYS’ FEES, IN LAW OR IN EQUITY, ARISING OUT OF OR RESULTING FROM ANY CLAIM RELATED TO MY PARTICIPATION IN THE CROSSFIT EVENT, INCLUDING WITHOUT LIMITATION, MY BREACH OF THIS AGREEMENT OR THE DUC RULES AND POLICIES, ANY INDIVIDUAL I INVITE TO THE DUC OR VENUE OR ANY OTHER THIRD PARTY CLAIM RELATED TO THE DUC.

8. This agreement and any rights, duties and obligations as between the Parties to this agreement shall be governed by interpreted solely in accordance with the laws of NSW Australia and no other jurisdiction; and

9. Any litigation involving the third parties to this agreement shall be brought solely within the exclusive jurisdiction of the Courts of NSW.

In entering into this Agreement I am not relying on any oral or written representations or statements made by CrossFit, Inc., or DUC with respect to the safety of athletic activities other than what is set forth in this agreement.

I CONFIRM THAT I AM EIGHTEEN (18) YEARS OLD OR AM THE PARENT AND HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST CROSSFIT, INC, DUC, ALPHAFIT, HWPO TRAINING, THE WOD LIFE AND LSKD.

PRIVACY POLICY

By willingly signing up to any of these workout sessions, you acknowledge that your personal information will be shared with CrossFit Inc, The WOD Life, LSKD, HWPO Training and/or DUC and AlphaFit for marketing and promotional purposes allowing them to contact you directly. 
To view their privacy policies, please visit:
CrossFit Inc Privacy Policy
The WOD life Privacy Policy
LSKD Privacy Policy
HWPO Training Privacy Policy
AlphaFit Privacy Policy
Functional Sports Network Privacy Policy