Terms and Conditions
WAIVER OF LIABILITY, RELEASE, NON-DISCLOSURE, NON –SOLICIATION, NON-COMPETITION AND AGREEMENT
Section 1.1 Waiver of Liability and Release In consideration of admission to the Blueprint Training Systems, Inc. DBA BluePrint CrossFit(hereinafter “CFBP”) granting (hereinafter “athlete”) designated below permission to participate in the CFBP Training Program, the undersigned hereby waives, releases and discharges any and all claims for damages for personal injury, death or property damage, which may result not only from the athletes actions, inaction or negligence, but also from the actions, inactions or negligence of those and/or the condition of the officers, employees, members, trainers, affiliates, subsidiaries, heirs, assigns, insurers and agents (collectively “Releases”) from any and all liability arising out of or connected in any way with Participation in the training program whether the same shall arise by “CFBP” negligence or otherwise. It is understood that this activity involves an element of risk and danger of accidents waiver, release and assumption of risk is to be binding on the athlete and any heirs and assigns, including the undersigned parent or legal guardian of a participating minor. The undersigned affirms, stipulates and confirms that the athlete is physically able to participate in training and agrees to indemnify and hold CFBP, its officers, employees and agents free and harmless from any loss, liability, damage, cost or expense which may be incurred as a result of the athlete’s death, or injury or property damage that athlete may sustain while participating in said activity.
The undersigned further acknowledges that training sessions at CFBP must be complete during the training cycle for which they were purchased.
Athletes may on occasion be photographed during training at CFBP. The undersigned hereby consents to the use or these photographs without compensation of the BluePrint CrossFit web site or in any editorial or promotional material produced and/or published by CFBP.
Section 1.2 Non Disclosure. During the term the athlete trains at CFBP and for a period of three (3) years after signing this agreement, athlete shall not, and athlete shall use his best efforts (which best efforts shall include, but not be limited to, notifying the directors of CFBP of any suspected breach of this Section 1.2) to ensure that any persons or entities over which athlete has control do not, directly or indirectly, use any CFBP proprietary, confidential information for any purpose not associated with CFBP activities, or disseminate or disclose any such information to any person or entity not affiliated with CFBP. Such CFBP proprietary, confidential information includes, but is not limited to, sales methods, prospecting methods, customer lists, training and marketing tools and methods, referral source lists, computer technology, programs and data, whether on-line or off- loaded on disk format, methods of presentation and any other plans, programs and materials used in managing, soliciting, marketing, training or furthering CFBP business. Athlete shall undertake all reasonably necessary and appropriate steps to insure that the confidentiality of CFBP proprietary, confidential information shall be maintained.
Section 1.3 Non-Solicitation. During the term the athlete trains and for the period of three (3) years after signing this agreement, athlete shall not, directly or indirectly, (i) induce or attempt to induce any other athlete of CFBP to leave CFBP (ii) in any way interfere with the relationship between CFBP and its customers, (iii) employ or otherwise engage as an employee, independent contractor or otherwise any employee or customer of CFBP, (iv) induce or attempt to induce any of CFBP’s customers, suppliers, licensees or other parties to cease doing business with CFBP or in any way interfere with the relationship between CFBP and any such customer, supplier, licensee or other party, or (v) solicit, in any manner, the business of any party known to athlete to be a customer or actively marketed prospect of CFBP, including, but not limited to, past customer, or referral sources.
Section 1.4 Non-Competition. Athlete agrees that, during the term the athlete trains and for a period of three (3) years after signing this agreement, he/she shall not, in any capacity whether as an athlete, employee, independent, contractor, officer/director, consultant, shareholder or otherwise, without the prior written consent of CFBP, directly or indirectly lend funds to, participate in the operation of, or provide any management, consulting, financial, administrative or other services to, or own any interest or invest in, any Strength & Conditioning facility and CrossFit Affiliate Facility business or any other business which competes with the business conducted by the CFBP, during athletes term of training and for a period of three (3) years after signing this agreement, athlete shall not be part of a respective subsidiary companies, or any of their respective successors, or by selling such products, or providing such services in connection with the operation of CFBP Business, or any of its affiliates, or any of their respective successors, sells or provides during Athletes term. This restriction shall apply within a twenty (20) mile radius of the CFBP’s location at 1662 NW 108 AVE Miami, FL 33172 (the “Restricted Area”). Athlete further agrees that, during his term with CFBP the athlete shall use his best efforts to preserve CFBP business and the organization of CFBP, to keep available to CFBP the services of its athletes, and to preserve for CFBP its and his/her favorable business relationships with suppliers, customers and others with whom CFBP and athlete have business relationships.
Section 1.5 Remedies. In view of the services provided by CFBP to athlete, he/she is in a position of confidence and trust with the customers and employees of CFBP, and which provide him/her with access to confidential information, trade secrets, “know-how” and other confidential and proprietary information of CFBP, in view of the geographic scope and nature of the business in which CFBP are engaged, and recognizing the value of this Agreement to him, athlete expressly acknowledges that the restrictive covenants set forth in this Agreement are necessary in order to protect and maintain the proprietary interests and other legitimate business interests of CFBP and that the enforcement of such restrictive covenants shall not prevent him from earning a livelihood. Athlete further acknowledges that the remedy at law for any breach or threatened breach of Sections 1.1, 1.2, 1.3 and 1.4 of this Agreement will be inadequate and, accordingly, that CFBP in addition to all other available remedies (including, but not limited to, seeking such damages as they have sustained by reason of such breach), shall be entitled to injunctive or any other appropriate form of equitable relief. Notwithstanding anything in this Agreement to the contrary, in the event athlete breaches any of the covenants of non-disclosure, non-solicitation and non-competition set forth in Sections 1.2, 1.3 and 1.4 of this Agreement, athlete agrees to pay CFBP liquidated damages in the amount of ten-thousand ($10,000) for any violation of section 1.2,1.3 and 1.4. CFBP, and/or any of its directors, officers, shall not be liable for direct, indirect, incidental, consequential, special or exemplary damages or punitive damages arising
under this agreement.
To be completed and signed by parent/guardian if applicant is under 18 years of age or I am the participating athlete and am 18 years of age or older or I am the parent or legal guardian of the participating athlete. I have carefully read and fully understand the terms on sections 1.1,1.2,1.3.1.4 and 1.5 am in full agreement.
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