ADULT PARTICIPANT WAIVER, RELEASE, INDEMNIFICATION, ASSUMPTION OF RISK, AND LIMITATION OF ALL CLAIMS
WHEREAS Islander Athletics operates a training and fitness facility offering personal and group fitness training sessions and related services (the “Services”), and the Releasor wishes to participate in the Services and has hired Islander Athletics to provide such services;
NOTICE: Read this document solicit and entirity. By signing this agreement, you give up your right to bring a court action to recover compensation or obtain any further remedy for any personal injury or property damage however caused arising out of your participation in Islander Athletics IA (Company) programs now or at anytime in the future.
ASSUMPTION OF RISK
I hereby acknowledge and agree that participation in IA fitness activities comes with inherent risks. I have full knowledge and understanding of the inherent risks associated with participation in IA fitness programs and facilities, including but in no way limited to: (1) slips, trips, and falls, (2) aquatic injuries, (3) athletic injuries, and (4) illness, including exposure to and infection with viruses or bacteria. I further acknowledge that the preceding list is not inclusive of all possible risks associated with fitness program participation and facility use and that said list in no way limits the operation of this Agreement.
WAIVER, RELEASE, INDEMNIFICATION & COVENANT NOT TO SUE
In consideration of my participation in Islander Athletics fitness activities, events and nutrition programs, I, the undersigned participant, knowingly and voluntarily agrees to release and on behalf of myself, any participating children, my heirs, representatives, executors, administrators, and assigns, HEREBY DO RELEASE IA, its officers, directors, employees, volunteers, agents, representatives and insurers (“Releasees”) from any causes of action, claims, or demands of any nature whatsoever including, but in no way limited to, claims of negligence, which I, my heirs, representatives, executors, administrators and assigns may have, now or in the future, against IA on account of personal injury, property damage, death or accident of any kind, arising out of or in any way related to the use of IA facilities/equipment or participation in IA programs whether that participation is supervised or unsupervised, however the injury or damage occurs, including, but not limited to the negligence of Releasees.
THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY, DEATH OR PROPERTY DAMAGE to the undersigned or such participating children due to negligence, active or passive, or otherwise while in, about or upon the premises of IA and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with IA. The undersigned acknowledges that any illness or injuries that the undersigned or such participating children contract or sustain may be compounded by negligent first aid or emergency response of the Releasees and waive any claim in respect thereof.
In consideration of my participation in IA programing or access to facilities, I, the undersigned participant, agree to INDEMNIFY AND HOLD HARMLESS Releasees from any and all causes of action, claims, demands, losses, or costs of any nature whatsoever arising out of or in any way related to my program participation or access to facilities.
I hereby certify that I have full knowledge of the nature and extent of the risks inherent in fitness program participation and facility use and that I am voluntarily assuming said risks. I understand that I will be solely responsible for any loss or damage, including personal injury, property damage, or death, I sustain while participating in IA programming or facility use and that by signing this agreement I HEREBY RELEASE Releasees from all liability for such loss, damage, or death. I further certify that I am in good health and that I have no conditions or impairments which would preclude my safe participation in IA programming or facility use.
24/7 OPEN GYM PROGRAM ACCESS ASSUMPTION RISK
ISLANDER ATHLETICS STRONGLY RECOMMENDS THAT YOU CLEAR YOUR PARTICIPATION IN ANY EXERCISE PROGRAM WITH YOUR PHYSICIAN. USE OF THIS FACILITY UNDER THE 24/7 ACCESS PROGRAM IS UNMONITORED, AND YOUR USE OF ISLANDER ATHLETICS EQUIPMENT AND FACILITY IS AT YOUR OWN RISK. ISLANDER ATHLETICS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURY OR DAMAGES INCURRED BY YOU ARISING OR CONNECTED IN ANY WAY WITH YOUR USE OF ISLANDER ATHLETICS EQUIPMENT AND FACILITY. MEMBERSHIP IS AT ISLANDER ATHLETICS SOLE DISCRETION AND ANY VIOLATION OF THE RULES AND REGULATIONS CAN RESULT IN CANCELLATION OF MEMBERSHIP.
IN CONSIDERATION OF ISLANDER ATHLETICS MAKING ITS EQUIPMENT AND FACILITY AVAILABLE FOR MY USE, I ACKNOWLEDGE AND AGREE AS FOLLOWS:
- I am fully aware that my access to the Islander Athletics equipment and facility will be unattended and I am solely responsible for my own safety and well-being while participating in physical training activities at the Islander Athletics facility or utilizing the Islander Athletics equipment.
- I recognize and understand that physical training is 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 willingly assume full responsibility for any and all risks that I am exposing myself to
as a result of my participation in physical training and accept full responsibility for any
injury or death that may result from my participation.
- I hereby certify that I know of no medical problems that would increase my risk of illness and injury arising from use of the Islander Athletics equipment or facility. I understand there exists the possibility of adverse physical changes during physical training. I fully understand that these changes could include abnormal blood pressure, fainting, disorder of heart rhythm, stroke, and in very rare instances, heart attack or even death. I understand that certain prescribed medications may exacerbate these physiological changes and create an even greater risk of physical damage or death.
With my full understanding of the above information, I agree to assume any and all risks arising from or in any way associated with my voluntary participation in Islander Athletics physical activities or the use of the Islander Athletics equipment or facility under the 24/7 Program Access.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM IA IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AT THE IA FACILITY OR PROGRAM AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF MINOR: I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO COMPANY THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).