C Sports Nation & XrossWay Fitness LLC ASSUMPTION OF RISK- FITNESS REPRESENTATIONS- ARBITRATION
The use of the facilities at XrossWay Fitness LLC (XW) and outside activities that may be produced by C Sports Nation (CSN) naturally involves the risk of injury to you or your guest, whether you or someone else causes it. As such, you understand and voluntarily accept this risk and agree that XW & or CSN will not be liable for any injury, including, without limitation, personal bodily or mental injury, economic loss or any damage to you, your spouse, guests, unborn child, or relatives resulting from negligence or other acts of XW & or CSN or anyone on XW and or CSN’ behalf of anyone using the facilities. If there is any claim by anyone based on any injury, loss, or damage described here, which involves you, you agree to (1) defend XW & or CSN against such claims and pay XW and or CSN for all expenses relating to the claim and (2) indemnify XW and or CSN for all liabilities, to you, your spouse, guests, unborn child, relatives, or anyone else resulting from such claims. You understand and acknowledge that XW and or CSN does not manufacture any of the fitness or other equipment at its facilities or for outside activities, but purchases and/or leases, equipment from third parties. As such you understand and acknowledge XW and or CSN is providing recreational services and may not be held liable for defective products. Further, you or your kids, spouse, or individuals you sign this waiver for represent that all are in good physical condition and have no medical reason or impairment that might prevent you from your intended use of XW and or CSN events. As such, you acknowledge that XW and or CSN did not give you medical advice before you joined or signed up, and cannot give you any after you join or sign up, relating to your physical condition and ability to use the facilities or events. If you have any health or medical concerns now or after you join or participate, discuss them with your doctor before using the facilities or participating in events. If there is any dispute between you and XW and or CSN, both parties agree to submit it to binding arbitration under the rules of and before the American Arbitration Association and its office nearest the Twin Falls surrounding area. The dispute covers any aspect related to your workouts or fitness, sports, activities this agreement, which includes, without limitation, financial obligations, facilities, representations, properly damage, and injuries. Arbitration means that neither you nor XW and or C Sports Nation can sue each other in court over such disputes. You both agree to have a neutral arbitrator decide it, not a jury or judge. This will follow the Idaho state rules and regulations regarding this waiver.