Waiver &
Release

Participation Agreement, Assumption of Risk, Waiver & Release of Liability

Please read every section carefully. This is a legal agreement that affects your rights. By signing below you confirm that you have read and understood it and that you agree to be bound by it.

01Who this agreement is between

This Participation Agreement, Assumption of Risk, Waiver and Release of Liability (the “Agreement”) is made by the undersigned participant — and, if the participant is under 18, by the participant’s parent or legal guardian on the participant’s behalf — in favor of Goliath Academy LLC, doing business as The Goliath Gym and Goliath Christian Academy, together with its owners, members, managers, officers, employees, coaches, trainers, instructors, teachers, independent contractors, volunteers, agents, affiliates, sponsors, successors and assigns, and the owners and managers of the premises at 7303 S Hawes Rd, Suite 137/140, Mesa, AZ 85212 (collectively, “Goliath” or the “Released Parties”).

02What it covers

This Agreement applies to my presence at and use of the Goliath facility and to every program, class, service and event offered, hosted or organized by Goliath, on or off the premises, now and in the future, including without limitation:

• HYROX training and classes, functional fitness, strength and conditioning, open gym, and the use of all training equipment — weights, racks, machines, sleds, rowers, SkiErgs, wall balls, kettlebells, sandbags, treadmills and any other equipment;
• basketball, volleyball, soccer and futsal on the courts and turf, including court and turf rentals, pick-up play, leagues (including the Rec League), camps, clinics, tryouts, tournaments, team training, sports performance training and shooting sessions (including the Dr. Dish shooting machine);
• Goliath Christian Academy classes, study periods, training, athletics, activities, field trips, competitions, and travel to and from any of them;
• the wellness, recovery and treatment rooms and any equipment or amenities in them, including heat, cold and recovery equipment;
• spectating, waiting, and the use of lobbies, hallways, locker rooms, restrooms, stairs, entrances, sidewalks and parking areas;
• special events, and any other activity, program or service on or about the premises or otherwise connected with Goliath (together, the “Activities”).

03Acknowledgment and assumption of risk

I understand that the Activities involve strenuous physical exertion and inherent risks that cannot be eliminated regardless of the care taken to avoid injury. These risks include, but are not limited to: sprains, strains, torn ligaments and tendons, fractures and broken bones, dislocations, concussion and other head, neck and spinal injuries; cuts, bruises and abrasions; heat illness, dehydration, fainting, heart attack, stroke and other cardiovascular events; aggravation of existing injuries or conditions; contact or collision with other participants, spectators, balls, equipment, walls, floors, nets, rims and posts; slips, trips and falls, including on wet or uneven surfaces; the failure, malfunction or improper use of equipment; the effects of heat, cold and recovery equipment in the wellness rooms; the actions, inactions or negligence of other participants, coaches, staff, spectators or third parties; the risks of travel to and from any Activity; and the risk of serious injury, permanent disability, paralysis and death. I also understand that Goliath does not guarantee the security of personal property and that theft, loss and damage of property can occur.

I knowingly and voluntarily accept and assume all of these risks, known and unknown, whether or not described above, including risks that may arise from the negligence of the Released Parties, and I take full responsibility for my participation and for any resulting loss, damage, injury or death, to the fullest extent permitted by Arizona law.

04Physical condition and conduct

I represent that I am (or my child is) in good health and physically able to take part in the Activities, that I have no medical condition, injury or limitation that would make participation unsafe, and that I have consulted a physician about any condition that could be affected by exercise or sport. I will inform Goliath staff of any relevant medical condition, will stop and seek help if I feel unwell or am injured, and will not participate while ill, injured, or under the influence of alcohol, drugs or any medication that impairs me. I understand that Goliath staff are not medical professionals and are not responsible for assessing my fitness to participate.

05Waiver and release of liability

To the fullest extent permitted by law, I, for myself and on behalf of my spouse, children, heirs, executors, administrators, assigns and personal representatives, hereby release, waive, discharge and covenant not to sue the Released Parties from and for any and all claims, demands, causes of action, losses, liabilities, damages, costs and expenses (including attorneys’ fees) of every kind, whether known or unknown, arising out of or in any way related to my (or my child’s) presence at Goliath or participation in the Activities — including claims for personal injury, illness, permanent disability, death, and the loss of, theft of, or damage to property — whether caused by the negligence of the Released Parties or otherwise.

This release is intended to be as broad and inclusive as Arizona law permits. It does not release any claim that cannot lawfully be waived, including claims based on gross negligence or intentional misconduct where Arizona law does not allow such claims to be released.

06Indemnification and hold harmless

I agree to indemnify, defend and hold harmless the Released Parties from and against any and all claims, demands, damages, losses, costs and expenses (including attorneys’ fees) brought by me, on my behalf, by my child, or by any family member, guest or third party, arising out of or related to my (or my child’s) presence at Goliath, participation in the Activities, or violation of this Agreement or the facility rules.

07Equipment, facility use and damage

I will use the facility and all equipment only as intended, as instructed by Goliath staff, and within my own abilities. I understand that improper, careless or unsupervised use of equipment is dangerous and is done entirely at my own risk. I will inspect equipment before use, will not use equipment that appears damaged, and will report damaged or unsafe equipment or conditions to staff immediately. I am financially responsible for the repair or replacement cost of any equipment, court, turf, flooring, fixture or other Goliath property, and for any property of others, that I (or my child or my guests) damage through misuse, carelessness or negligence.

08Personal property and theft

Goliath is not responsible for any lost, stolen or damaged personal property, including money, phones, jewelry, keys, bags, clothing, sports equipment and vehicles or their contents, whether left in lockers, cubbies, courts, training areas, wellness rooms, lobbies or the parking area. I bring personal property onto the premises entirely at my own risk and will keep valuables secured or at home.

09Medical authorization

If I (or my child) am injured or become ill while at Goliath and I am unable to make a decision for myself, I authorize Goliath staff to administer first aid and to call emergency medical services, and I consent to emergency medical treatment and transport by medical professionals. I understand that Goliath does not carry medical insurance for participants and that I am solely responsible for all medical, ambulance and hospital costs incurred as a result of any injury or illness, and I release the Released Parties from any liability arising from the rendering of, or the failure to render, such care.

10Facility rules and code of conduct

Goliath is a Christian, family-oriented facility. To keep it safe and welcoming for everyone, I agree to:

• follow the instructions of Goliath staff, coaches and referees at all times and check in on arrival (including QR check-in through the GOLIATH GYM app where required);
• treat every athlete, coach, staff member, referee, parent and visitor with respect — no fighting, bullying, harassment, threats, profanity or unsportsmanlike conduct;
• wear appropriate athletic clothing and clean, non-marking athletic shoes on the courts and training floor; no street shoes or cleats on the court;
• wipe down and return equipment after use, re-rack weights, and keep walkways, courts and turf clear;
• keep children supervised at all times — minors may not use weights, machines or the wellness rooms without an adult or coach present, and spectators stay off the playing surfaces while activities are in progress;
• bring no alcohol, illegal drugs, weapons, tobacco or vaping products onto the premises, and never participate while impaired;
• comply with the membership, booking and cancellation terms of the plan or rental I have purchased through LegitFit.

Goliath may refuse entry to, remove from the premises, or suspend or terminate the membership or participation of anyone who violates these rules or endangers others, without refund.

11Photo and video release

I grant Goliath the irrevocable right to photograph, film and record me (or my child) during the Activities and to use, edit, reproduce and publish those images, video and audio — with or without my name — in Goliath’s website, social media, advertising, promotional materials and other media, worldwide and without compensation. I waive any right to inspect or approve such use. If I do not want images of me or my child used in this way, I will check the opt-out box on the signature form below or email hyroxgoliath@gmail.com; opting out does not affect participation.

12Participants under 18

If the participant is under 18, I confirm that I am the participant’s parent or legal guardian, that I have the legal authority to sign this Agreement on the minor’s behalf, and that I have explained the risks of the Activities to the minor. I consent to the minor’s participation and to the medical authorization above. I agree to every term of this Agreement on behalf of myself and the minor, and — to the fullest extent permitted by law — I agree to indemnify and hold harmless the Released Parties from any claim brought by or on behalf of the minor, including any claim that this Agreement is unenforceable against the minor.

13General terms

This Agreement is governed by the laws of the State of Arizona, and any dispute will be brought exclusively in the state or federal courts located in Maricopa County, Arizona. If any part of this Agreement is held invalid or unenforceable, the remaining parts remain in full force and effect, and the invalid part will be enforced to the maximum extent the law allows. This Agreement is the entire agreement between me and Goliath on its subject and may be changed only in a writing signed by Goliath. It is a continuing agreement: it applies to every visit and every Activity, now and in the future, and stays in effect until Goliath receives my written revocation — which will end my right to participate. I agree that my typed name below is my electronic signature and has the same legal effect as a handwritten signature under the Arizona Electronic Transactions Act and the federal E-SIGN Act, and that Goliath may keep this Agreement electronically.

I have read this entire agreement, I understand that I am giving up substantial legal rights, including the right to sue, and I am signing it freely and voluntarily. No oral representations, statements or inducements apart from this written agreement have been made.