CrossFit Bemidji recommends that you clear your participation in any exercise program with your physician.

By signing below, I certify that I am sufficiently physically fit to participate in rigorous physical activity and I (and my parent or guardian, if I am a minor) hereby waive and release Natural Existence, LLC (doing business as CrossFit Bemidji), and any sponsors and organizers of the aforementioned entities and persons from any cause of action, loss, liability, claim demand or expense of any kind whatsoever which I or my heirs or personal representatives may have bodily injury or illness and for any other cost, damage or loss suffered or incurred by me or during my participation in the event and all related activities.  I acknowledge that I have either had a physical examination and have been given my physician’s permission to participate, or that I have decided to participate in the exercise activities, program, and use of equipment without prior approval of my physician and do hereby assume all responsibility for participation in said activities, programs and use of equipment.
 
I acknowledge that participating in CrossFit® and any activity including but not limited to, weightlifting, walking, jogging, running, aerobic activities, or any other sporting or recreational endeavor, and receiving coaching in these activities is a hazardous recreational activity with risk of personal injury including paralysis or death.  CrossFit Bemidji has made me fully aware that the fitness programs/classes, which CrossFit Bemidji 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, 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 hereby 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 CrossFit Bemidji.  CrossFit Bemidji informed me that there exists the possibility of adverse physical changes during an exercise program, and I fully understand the same.  If I am engaged in online training, I acknowledge that I am not being monitored by any trainer and that there is no liability to the trainer, facility or studio if there is an injury sustained.

I HEREBY FULLY ASSUME THE RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY INHERENT IN, AND/OR IN ANY WAY CONNECTED WITH, ATTENDING, PARTICIPATING IN, AND SPECTATING A CROSSFIT BEMIDJI EVENT OR OTHER CROSSFIT ACTIVITY AT THE FACILITIES EVEN IF ARISING FROM THE NEGLIGENCE OF OTHER PERSONS EXECUTING A SIMILAR WAIVER AND RELEASE FROM LIABILITY.
 
 I understand that I will not be permitted to Participate in CrossFit activities without executing this Waiver and Release. As a condition of my participation in CrossFit activities, I grant Natural Existence, LLC/CrossFit Bemidji, and its employees, members, partners, officers and agents perpetual and non-revocable permission to use my name, photographs and video in which my image and likeness appears in connection with my participation in CrossFit activities and further grant permission to display, publish, distribute, use, print and reprint such images and likeness, and the right to employ such images or likeness in advertising and promotions relating thereto or to CrossFit Bemidji or any activities at or related to CrossFit Bemidji, including any advertisements or media and electronic displays and transmissions thereof (herein “Likeness Rights”). I release CrossFit Bemidji and its employees, members, partners, officers and agents from any and all liability for damages for use in any manner or media of the Likeness Rights, and waive any and all claims and causes of action for damages for use of the Likeness Rights, including but not limited to: unauthorized use of my likeness, image, character or persona; violation of my right of publicity or privacy; and for copyright or moral rights infringement, defamation, or being cast in a bad light.

 I (and my parent or guardian, if I am a minor) recognize the there is risk involved in the types of activities offered by CrossFit Bemidji, and agree that I (and my parent or guardian, if I am a minor) accept financial responsibility for any injury that I or the participant may cause either to him/herself or to any other participant due to his/her negligence.  Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs.  I further agree to defend, indemnify and hold harmless Natural Existence, LLC/CrossFit Bemidji, their principal agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by CrossFit Bemidji.  I will be financially responsible for treatment, hospitalization and other medical care rendered to me in the event of my illness, injury or other medical emergency circumstances in connection with any and all activity at the CrossFit Bemidji facility.
 
 I AGREE NOT TO BRING ANY CLAIM AGAINST RELEASEES, which claims concern in any way death, injury, damage, or loss of any type or nature, which arise out of, are related to, or are in any way connected with attending, participating in, volunteering at or spectating at CrossFit Bemidji or weightlifting activities, and/or which arise out of or are connected in any way with my use of, or my presence at the Facility(ies) at which (those) activities held, whether injury, death or disability, loss or damage is caused in whole or in part by negligence, gross carelessness, or other acts or failure to act of those persons or entities.

 I HEREBY AFFIRM AND ACKNOWLEDGE THAT I HAVE READ THIS DOCUMENT. I HEREBY AFFIRM AND ACKNOWLEDGE THAT I UNDERSTAND ITS CONTENTS AND AGREE TO BE BOUND THEREBY. IF I AM UNDER THE AGE OF EIGHTEEN YEARS, MY PARENT/GUARDIAN HAS READ AND COMPLETED THE SECTION BELOW.

Enrollment 

1. 1-Year Commitment Class Fees: Your first month at CFB (CrossFit Bemidji) is prorated, contingent upon when this Agreement is initiated relative to the first of each month. Monthly fees are only prorated once, upon initial commitment with CFB.   All class fees are collected via auto-debit (i.e., electronic funds transfer) from a checking account, debit card or credit card. By providing your checking account, debit card or credit card information you allow CrossFit Bemidji to automatically withdraw fees and product purchases as they come due each 1^st of the month.  Furthermore, there is a discount of 3% for payments made with ACH effective January 1, 2020.
   1. Freeze Policy for 1-Year Commitment – Athletes may put their commitment on hold for up to three (3) calendar months per year for a fee of $25. Notice must be given via e-mail lynn@crossfitbemidji.com, at least 3 working days prior to the first day of the month to be frozen. Athletes will not be billed during frozen months. Billing will resume automatically upon end of freeze. The current commitment agreement will be extended by the number of months frozen.  
   2.  Cancellation of 1-Year Enrollment by Athlete – An athlete may cancel his/her 1-year enrollment at any time with at least 15 days notice. Please remember, partial months are not permitted. There will be a $100 cancellation fee. Months used by the athlete will default to individual month-to-month prices and they will be responsible to pay any additional fees plus the cancellation fee.
      
      
2. Month-to-Month Class Fees: Your first month at CFB (CrossFit Bemidji) is prorated, contingent upon when this Agreement is initiated relative to the first of each month.  Monthly fees are only prorated once, upon initial commitment with CFB.  Athletes pay on a monthly basis and fees are collected via auto-debit (i.e., electronic funds transfer) from a checking account, debit card or credit card. By providing your checking account, debit card or credit card information you allow CrossFit Bemidji to automatically withdraw fees and product purchases as they come due each 1^st of the month.   Furthermore, there is a discount of 3% for payments made with ACH effective January 1, 2020.
   1. Cancellation of Month-to-Month by Athlete - An athlete may cancel/freeze his/her month-to-month commitment at any time with at least 15 days notice. Please remember, partial months are not permitted.
      
      
3. Unlimited 1-year Pre-paid:  If you choose to pre-pay for your year, a one-time payment of $1,264 is due, and an additional fee of 3% will be added for credit card payment.
   
   
4. Additional Family Members: Family is defined as a marital spouse or children living in the same household. Only one athlete is allowed to satisfy fees. If a family commitment drops to one athlete, the fees change to the individual rate in effect at that time.
   
   
5. Right to Modify Dues: If you have a Month-to-Month commitment, then CFB may increase your fees at any time.
   
   
6. Payment/account information is maintained under your profile at www.crossfitbemidji.com.  

Three-Day Right of Rescission – New athletes have three days after signing this Agreement to cancel their commitment without penalty. If the Agreement is cancelled within three days, CFB will return to the athlete within thirty days all amounts paid less $25 for usage of facility during those three days. To cancel, new athletes must inform CFB in writing of their intent to cancel. Written intent to cancel can be delivered to CrossFit Bemidji in person or emailed to info@crossfitbemidji.com 

Availability of Facility

1. Class or by Appointment Only: Athletes may use the facilities only during scheduled classes, scheduled events or by appointment. Operating hours and current class schedules are listed on our website at www.crossfitbemidji.com. CFB reserves the right to change operating hours and/or class schedules at its sole discretion without any effect to this Agreement. 
2. Limited Availability: CFB may close its Facility for seminars, certifications, maintenance, selected holidays and other hours based on municipal requirements. CFB may delete, change, discontinue, repair, or replace any part of all of the Facility without any effect on this Agreement. If no part of the Facility is unavailable for more than three (3) consecutive days (not including Sundays) for any reason but less than fifteen consecutive days (not including Sundays), except acts of nature, CFB will extend your commitment, without fees, for the same period of the Facility was unavailable. Should the facility become unavailable for more than fifteen consecutive days (not including Sundays) for any reason including acts of nature, then you may elect to cancel your commitment effective the following 1^st of the month. CFB will not be responsible for refunding any commitment fees paid. 
3. Limited Use: If you know or should know you have a problem that might prevent you from using CFB (i.e., medical or family emergency, business travel, vacation, etc…) and you sign this Agreement; you agree that your commitment is limited accordingly. However, because this is your choice, you still must pay your monthly fees as if you could use the Facility. There will be no carryover of monthly fees into subsequent months for any time unspent using the Facility in a previous month.  

                                                                                 
Declined ACH, Credit/Debit Card Fees – A $10 fee will be due and payable for any declined transactions. You can come in and pay cash or rerun your card for the amount of purchase and the $10 fee before the 10^th of the month. After the 10^th, we will attempt to rerun your card and an automatic $25 fee plus the $10 fee will be applied. These must be paid before the 1^st day of the following month to participate in classes.  
                                         

Supervision of Children

1. Athletes must be 13 years of age or older unless supervised by a parent or legal guardian at all times, or participating in our Kids Program. 
2. Kids Class – CFB will supervise children participating in the Kids Program.
3. Safety is always a concern so children will be allowed in the sitting area only during any class other than Kids Program.  It is recommended that you arrange for a quiet activity or ask someone to watch your child/ren during class times to keep them safe and disruptions to a minimum, as we are unfortunately not set up for child care.                                                                                                                                                                 

Lost Articles – CrossFit Bemidji assumes no responsibility for lost or stolen articles. Lost and found articles not claimed after 30 days will be donated to charity or thrown away.

Smoking, Food and Drink – No smoking is allowed in any part of the facility. Food or drink in a non-breakable, enclosed container is allowed in the facility.

Conduct – CFB is committed to the health, safety, welfare of each of its athletes and staff and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. CFB has the right to judge behavior and respond accordingly. This right includes, but is not limited to, termination without refund of any member engaging in unacceptable behavior.

Damages – Athletes shall pay for any damages to CFB property, which results from willful or negligent conduct, athlete’s guest or dependent children.

Rules and/or Regulations – Athletes who do not observe CFB rules and regulations or who abuse equipment in any fashion will be asked to leave. The management reserves the right to terminate commitment of anyone who refuses to observe any of CFB’s rules and regulations. Not all rules and regulations are listed in this agreement. CFB reserves the right to add, change or removes rules, conditions of enrollment, opening and closing hours, and all services and facilities offered by CrossFit Bemidji.

Miscellaneous – This agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon prior written consent of all parties. Athlete has read and fully agrees to the term of this Agreement and understands and agrees that by signing this Agreement. Athlete has given up considerable future legal rights. Athlete has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise of guarantee being communicated to him\her.



If any portion of this Agreement is deemed illegal, void or unenforceable, then the remaining agreement shall remain in effect.  Athlete certifies and warrants that he/she is 18 years of age or older and mentally competent to enter into this Agreement, or is a parent or legal guardian of a minor athlete signing on their behalf.