Signup

The individual named hereinbelow (the “Participant”) has requested the use of the facility known as THE COMPOUND LIFTING CLUB and the equipment located therein or affiliated therewith (collectively, the “CLC Facility and Equipment”), and/or the purchase or participation of training or assistance of the owners, members, officers, affiliates, consultants, employees and contractors thereof (collectively, the “CLC Owners and Personnel”), and/or the use of and/or participation in any and all exercise, weightlifting, gymnastics, calisthenics and/or other activities incidental thereto (including classes and/or individual or group sessions related thereto) (collectively, the “CLC Activities”).

In consideration of being permitted to use the CLC Facility and Equipment and/or participate in the CLC Activities, Participant (or Participant’s parent or legal guardian if Participant is under the age of 18 years old, which is being executed by such parent or guardian on behalf of such Participant) hereby agrees and certifies as follows:

1. Participant, on behalf of Participant’s heirs, successors, spouse and/or children, hereby agrees to release and discharge CLC Owners and Personnel from any and all liability, claims, demands, causes of action and expenses (including, but not limited to, attorney’s fees and costs), whether past, present or future, for personal injury, death, and/or property damage from any cause whatsoever arising from or in connection with use of the CLC Facility and Equipment and/or participation in the CLC Activities, even if such injury, death and/or property damage is caused by negligent act or omission by any CLC Owners and Personnel.  IN FURTHERANCE OF THE FOREGOING, PARTICIPANT EXPRESSLY WAIVES AND RELINQUISHES ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES. PARTICIPANT UNDERSTANDS AND ACKNOWLEDGES THAT THIS WAIVER MEANS PARTICIPANT IS GIVING UP THE RIGHT TO ASSERT CLAIMS AGAINST THE RELEASED PARTIES THAT ARE CURRENTLY UNKNOWN OR UNSUSPECTED. 

2. Participant understands that the use of the CLC Facility and Equipment and/or participation in the CLC Activities possesses risks of serious disability, illness, death, accident, injury and damage, and has inherent dangers that no amount of care, caution, instruction or expertise can eliminate.  Participant expressly and voluntarily assumes all risk of personal injury, death, and/or property damage sustained while using the CLC Facility and Equipment and/or participating in the CLC Activities, whether or not caused by the negligent act or omission of the CLC Owners and Personnel.

3. Participant hereby agrees to defend, indemnify and hold harmless the CLC Owners and Personnel from and against any and all liabilities, claims, demands, causes of action and expenses (including, but not limited to, attorney’s fees and costs) arising out of Participant’s use of the CLC Facility and Equipment and/or participation in the CLC Activities. 

4. Participant hereby certifies that Participant is in good health and physically able to use the CLC Facility and Equipment and/or participate in the CLC Activities, and knows of no restrictions, physical impairments or any other facts which in any manner limit participation in such use and participation.  Participant hereby represents and agrees that Participant has not, and will not, rely on any representations by any CLC Owners and Personnel in this regard.

5. Participant acknowledges and represents that Participant has consulted with a licensed physician or other qualified healthcare provider prior to using the CLC Facility and Equipment and/or engaging in any CLC Activities, or has voluntarily elected not to do so. Participant understands that CLC Owners and Personnel are not licensed medical professionals, do not provide medical advice, and that none of CLC Owners and Personnel have evaluated Participant’s fitness to use the CLC Facility and Equipment or participate in any CLC Activities. Participant assumes full responsibility for any adverse health consequences arising from Participant’s decision to use the CLC Facility and Equipment and/or engage in CLC Activities without prior medical consultation. Participant further acknowledges that the use of the CLC Facility and Equipment and/or the participation in certain CLC Activities and amenities may pose elevated health risks, including but not limited to cardiovascular events, respiratory distress, heat-related illness, dehydration, and loss of consciousness. Participant represents that Participant has no medical condition that would make participation in such activities inadvisable, or, if Participant does have such a condition, that Participant has obtained written medical clearance from a licensed physician. 

6. Participant acknowledges that use of the CLC Facility and Equipment and participation in CLC Activities involve close proximity to other individuals in an indoor environment, and that CLC Owners and Personnel cannot guarantee that Participant will not be exposed to communicable diseases, including but not limited to COVID-19, influenza, and other viral or bacterial infections. Participant voluntarily assumes all risk of illness, injury, or death arising from exposure to communicable diseases at or in connection with the CLC Facility and Equipment and/or participation in CLC Activities, whether caused by the negligence of CLC Owners and Personnel or otherwise. Participant agrees to comply with all health and safety protocols implemented by CLC Owners and Personnel from time to time, and acknowledges that CLC Owners and Personnel reserve the right to deny access to any Participant who, in the sole discretion CLC Owners and Personnel, exhibits symptoms of communicable illness. 

7. Participant hereby grants to CLC Owners and Personnel, and their respective successors and assigns, an irrevocable, perpetual, worldwide, royalty-free license to photograph, film, record, and otherwise capture Participant’s image, likeness, voice, and appearance while Participant is present at the CLC Facility and Equipment and/or participating in CLC Activities, and to use, reproduce, distribute, display, and create derivative works from such content in any media now known or hereafter devised, for any commercial or promotional purpose, without further compensation or notice to Participant. Participant waives any right to inspect or approve any such content prior to its use and releases CLC Owners and Personnel from any and all claims arising from the use of Participant’s image or likeness, including but not limited to claims under California Civil Code Section 3344. If Participant does not consent to this media release, Participant must notify CLC Owners and Personnel in writing prior to entry to the CLC Facility and Equipment, or participation in any CLC Activities, in which event CLC Owners and Personnel will make reasonable efforts to accommodate such requests but cannot guarantee that Participant will not appear in background footage or photographs. 

8. CLC Owners and Personnel shall not be liable for any loss, theft, damage, or destruction of Participant’s personal property, including but not limited to clothing, electronics, jewelry, automobiles, bicycles, and any other items brought onto or left at the CLC Facility and Equipment or its surrounding areas, including parking lots, locker areas, lounge spaces, and outdoor areas. Participant assumes all risk of loss or damage to personal property and agrees to secure all valuables at Participant’s own risk. 

9. PARTICIPANT WAIVES THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION WITH RESPECT TO ANY CLAIM ARISING UNDER THIS AGREEMENT, THE USE OF THE CLC FACILITY AND EQUIPMENT, AND/OR ANY PARTICIPATION IN ANY CLC ACTIVITIES. 

10. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law principles. The exclusive venue for any legal proceeding shall be the state or federal courts located in San Diego County, California, and Participant hereby consents to the personal jurisdiction of such courts. 

11. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, shall be severed from this Agreement. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of this Agreement, and all remaining provisions shall continue in full force and effect. 

12. Participant acknowledges and agrees that this Agreement may be executed by electronic signature, including but not limited to signatures captured through digital platforms, touchscreens, or click-to-accept mechanisms, and that such electronic signature shall have the same legal force and effect as a handwritten signature. Participant consents to the use of electronic records in connection with this Agreement and waives any objection to the enforceability of this Agreement based on the electronic form of execution. 

13. Participant represents and warrants that Participant is at least eighteen (18) years of age. If Participant is under eighteen (18) years of age, a parent or legal guardian must execute this Agreement on Participant’s behalf. By signing below, the parent or legal guardian of a minor Participant: (a) consents to the minor’s use of the CLC Facility and Equipment and participation in CLC Activities; (b) represents that the minor is physically able to participate in CLC Activities; and (c) agrees, in the parent’s or guardian’s individual capacity, to indemnify, defend, and hold harmless CLC Owners and Personnel from any and all claims arising from the minor’s use of the CLC Facility and Equipment and/or participation in CLC Activities. 

14. This Agreement shall remain in full force and effect for the entire duration of Participant’s use of the CLC Facility and Equipment and/or participate in any CLC Activities, and the release and indemnification provisions of this Agreement shall survive any termination hereof. 

PARTICIPANT HEREBY ACKNOWLEDGES THAT PARTICIPANT HAS CAREFULLY READ AND UNDERSTANDS AND AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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