WAIVER AND RELEASE OF LIABILITY AGREEMENT
READ BEFORE USING EXERCISE EQUIPMENT
- In consideration of my use of the exercise equipment and facilities provided by the City of Minneapolis (City), I waive any and all right of action against the City and its insurers, employees, officials and agents, for any injury or damage that I might suffer on or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries or damages result, in whole or in part, from the negligence of the City. This includes fitness classes held at all City sites and buildings, including but not limited to MCC and the Minneapolis Park and Recreation Board, as an extension of the fitness center.
- I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic) and losses of any type that may occur to me, and I hereby fully and forever release and discharge the City, its insurers, employees, officials and agents, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated, resulting from or arising out the use of said equipment and facilities.
- I expressly agree to indemnify and hold the City harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by me.
- I agree to be solely responsible for my safety and wellbeing. I understand that the City does not provide supervision, instruction or assistance for the use of the facilities and equipment.
- I agree to comply with all rules imposed by the City regarding the use of the facilities and equipment.
- I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.
- I understand and acknowledge that the use of exercise equipment involves risk of serious injury, including permanent disability and death.
- I understand and agree that the City is not responsible for property that is lost, stolen or damaged while in, on, or about the premises.
- I understand and agree that my use of the facilities and equipment is only to be undertaken on my own personal time, not work time. Use of the facilities and equipment is not assigned work and is not compensable as work. My use of the facilities and equipment is not within the course or scope of my employment.
- I agree that any controversy arising out of this Waiver and Release of Liability Agreement shall be resolved under the laws of Minnesota and by arbitration by the American Arbitration Association pursuant to Consumer Arbitration Rules.
- I agree that if any part of this Waiver and Release of Liability Agreement is deemed unenforceable, the remainder will remain binding and enforceable.
- It is my express intent that this Waiver and Release of Liability Agreement shall bind the members of my family, if I am alive, and my heirs, assigns and personal representatives if I am deceased.