MDH Fitness Center Waivers and Rules

1. The State of Maryland, the Maryland Department of Health and their agencies, facilities, units, officers, agents, servants, employees, and their representatives, successors and assigns (hereafter “the Released Parties”) do not invite my use of the equipment and facilities and do not warrant the equipment or facilities to be suitable for my use. 2. I acknowledge that my use of the equipment and facilities is unsupervised by the Released Parties and there is no representative of the Released Parties on hand to assist me in the event some emergency demands care in order to prevent my injury or death. I further acknowledge that the lack of supervision and care increases the ordinary risk associated with my use of the equipment and facilities. 3. I certify that I have no physical conditions or restriction which would prohibit my safe use of the equipment and facilities and that I have health and accident insurance sufficient to cover any injury or loss to my person or property. 4. I understand that using the equipment and facilities could pose a serious risk to my health or cause my death and the risk is dependent on my fitness, medical condition and choice of exercise. I understand that it is recommended that I consult with a physician to ascertain whether it is appropriate for me to use the equipment and facilities. I acknowledge that if I experience any change in my physical condition suggesting a health risk that I will seek and follow my physician’s advice about continuing the use of the equipment and facilities. 5. I understand that my use of the equipment and facilities is personal to me and I agree not to allow anyone else access to the equipment and facility. 6. I understand and agree that the use of the equipment and facilities is only to be undertaken on my own personal time, and that my use of the equipment and facilities is not within the scope of my employment.

7. I agree that I use the equipment and facilities at my own risk. I further agree that I am voluntarily using the equipment and facilities and, to the fullest extent permitted by law, I assume all risk of injury, illness, damage or loss to me or my property. 8. I agree that I will follow all rules of the Maryland Department of Health related to the use of the equipment and facilities, whether posted or not. I acknowledge that such rules may change from time to time. I understand that my failure to follow such rules can result in the revocation of my permission to use the equipment and facilities. 9. I will inspect the equipment and facilities prior to every use and I will not use the equipment and facilities if I believe them to be damaged or defective. I will promptly notify the Maryland Department of Health, Office of Facilities Management and Development, if I believe the equipment and facilities to be damaged or defective. 10. I understand that I am solely responsible for the safe operation of the equipment in accordance with the manufacturers’ instructional manuals and I will familiarize myself with such manuals. 11. I agree to indemnify, save, hold harmless and release the Released Parties from any and all liability, claims and causes of actions, under the laws of any jurisdiction, for any loss or damages to my person or property or to the person or property of another that may result from, or arise in connection with my use of the equipment and facilities. 12. In consideration for the permission to use the equipment and facilities, I have read and do competently, freely and voluntarily execute this Fitness Equipment and Facilities Release of Liability, and I understand its exclusive terms and conditions without reliance upon any statement, representation, promise or inducement of any kind other than as expressly provided herein.

In consideration of being permitted to use exercise equipment and facilities provided by the Maryland Department of Health, I, on my own behalf, and on behalf of my heirs, executors, administrators, successors and assigns, acknowledge and agree as follows:

The following rules apply to the use of the Fitness Equipment and Facilities. These rules apply whether posted or not and may change from time to time. Failure to follow the rules can result in the revocation of permission to use the equipment and facilities.

1. Use is restricted to employees who have executed the Fitness Equipment and Facilities Release of Liability. 2. Use is restricted to 6:30 a.m – 8:00 p.m. Monday to Friday except State Holidays. 3. Equipment is only to be used in accordance with manufacturers’ instructional manuals. 4. In the event of a fire alarm, immediately leave the facilities and exit the building through the nearest door. Remain outside until it is announced that it is safe to return. 5. Immediately leave the facilities and exit the building at the direction of representatives of public safety, Department security, or the Office of Facilities Management and Development. 6. Persons experiencing flu, cold, or other contagious illness or symptoms shall not use the equipment or enter the facilities.

7. Bottles of disinfectant and paper towels are available in the facility for cleaning the fitness equipment. Users are responsible for cleaning the equipment after each use and disposing of all trash properly. 8. Other than water bottles, food and beverages are not allowed in the facility. 9. No disruptive conduct. 10. Music shall be played through headphones so as not to disturb others. 11. Use of fitness equipment is on a first-come, first serve basis and limited to 30 minutes when others are waiting. 12. Tasteful and reasonable dress commensurate with use of fitness equipment in a facility located in a place of business is expected. An employee may be asked to leave the facility for inappropriate attire, and refrain from such attire in the future. In case of repeated violations, the privilege of using the equipment and facilities may be terminated.