1.­­­­­­­­ FACILITY. CrossFit Kingfield will provide an exercise facility for CrossFit classes. Kingfield facilities may be unavailable during a period of repair and maintenance or special events, programs or private parties, or by Management’s schedule for these events. Management asks that you be respectful of these facilities (exercise space, common areas, bathrooms, etc.) and any equipment within. 2. ­­­­­­­ ATHLETE’S HEALTH WARRANTY. The Athlete warrants and represents that the Athlete or any of the Athlete’s family or guests entitled to use the facilities of CrossFit Kingfield under the terms of the waiver to participate, has no disability, impairment, or ailment preventing him/her from engaging in active or passive exercise, or that will be detrimental or adverse to such person’s health, safety, or physical condition if he/she does so engage or participate. The Athlete acknowledges and agrees that: 1) CrossFit Kingfield will rely on the foregoing warranty in issuing the Waiver; 2) if any fitness assessment or similar testing is performed by CrossFit Kingfield, it is solely for the purpose of providing comparative data with which the Athlete can track progress in a program and is not for diagnostic purpose;.3) CrossFit Kingfield shall not be subject to any claim, demand, or injury whatsoever on account of CrossFit Kingfield’s evaluation or interpretation of such fitness assessment or similar testing; 4) CrossFit Kingfield shall not be liable for any injury arising out of the member’s disability impairment or ailment preventing him/her from engaging in active or passive exercise, or that would be detrimental or adverse to such person’s health, safety or physical condition if he/she does so engage or participate. Each Athlete and guest should be aware of his/her medical history and should consult with a physician prior to engaging in exercise or continuing to exercise if a medical condition appears or appears to be developing. 3. ­­­­­­­ LIABILITY AND WAIVER OF LIABILITY. Each Athlete shall be liable for any property damage and/or personal injury (caused by the Athlete, Athlete’s family, Athlete’s guest or any other person) at CrossFit Kingfield facilities or at any activity or function operated, arranged or sponsored by CrossFit Kingfield. It shall be the obligation of the Athlete to pay for any costs involved upon presentation of a statement thereof. Any and all use of CrossFit Kingfield facilities, or participation in activities operated, arranged or sponsored by Marvel Athletics either on or off Marvel Athletics premises by the Athlete, Athlete’s family or Athlete’s guest(s) shall be AT SUCH PERSON’S OWN RISK, and CrossFit Kingfield shall not be liable for any injuries or damages to such person, or the property of such person, or be subject to any claim, demand, injury or damages. The Athlete individually, and on behalf of the Athlete’s personal representative, heirs, administrators, assigns and successors does here by expressly forever release and discharge CrossFit Kingfield, its successors and assigns, as well as its officers, agents and employees from all such claims, demands, actions, or causes of action. ­­­­­­­­­­­ ATHLETE UNDERSTANDS THAT PARTICIPATION IN ANY PHYSICAL ACTIVITY IS POTENTIALLY HAZARDOUS, AND THAT ATHLETE SHOULD NOT PARTICIPATE UNLESS YOU ARE MEDICALLY ABLE AND PROPERLY TRAINED. PARTICIPATION IN ANY PHYSICAL ACTIVITY CATTIES WITH IT CERTAIN INHERENT RISKS THAT CANNOT BE ELIMINATED COMPLETELY, SUCH RISKS RANGE FROM MINOR INJURIES TO CATASTROPHIC INJURIES INCLUDING DEATH. ATHLETE UNDERSTANDS AND AGREES THAT, IN CONSIDERATION OF ENTERING INTO THIS WAIVER OF PARTICIPATION APPLICATION AND AGREEMENT, ATHLETE, AS WELL AS ATHLETE’S PERSONAL REPRESENTATIVE, HEIRS, ADMINISTRATORS, ASSIGNS AND SUCCESSORS, DOES HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE MARVEL ATHLETICS OR CROSSFIT KINGFIELD OR ANY OF ITS OWNERS, SUCCESSORS, AND ASSIGNS FOR ANY AND ALL LIABILITY FROM PARTICIPATION IN ANY PHYSICAL ACTIVITY ASSOCIATED WITH THIS WAIVER OF PARTICIPATION AND AGREEMENT, AND EVENT HELP AT ANY CROSSFIT KINGFIELD FACILITY OR ANY EVENT HELD BY CROSSFIT KINGFIELD.