FITNESS CENTER RELEASE AGREEMENT
BY SIGNING THIS FORM, YOU WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
The following terms shall be defined as follows for this Form:
A. “Athletic Activity” or “Athletic Activities” includes the use of the Fitness Center (as defined below) for any purpose, including but not limited to strength and metabolic conditioning, stretching, weightlifting, use of fitness equipment or participation in any class involving Athletic Activities.
B. “Fitness Center” refers to the fitness center located in the Health Science Center (Building 1600) and includes all fitness equipment located therein
C. “Owner” includes the Southwest Wisconsin Technical College; and all related entities, owners, directors, officers, managers, members, employees, independent contractors, representatives, successors and assigns.
DISCLAIMER: Owner is not responsible for any death, injury, loss, illness, or damage of any kind suffered by any person while using the Fitness Center caused in any manner whatsoever including, but not limited to, the negligence of Owner.
I am aware that Athletic Activities have inherent dangers and risks including but not limited to the potential for Injury, illness, or death caused by use of the Fitness Center. Some dangers and risks include but are not limited to: fainting, abnormal blood pressure, chest discomfort, muscle cramps and soreness, fatigue, nausea, heart failure, contraction of viruses and other infectious diseases, all manner of injury resulting from slipping or falling, bruising, dislocation, and injuries resulting from failure of equipment. I use the Fitness Center with full knowledge of these inherent risks and dangers and I accept these inherent dangers and risks. I do hereby acknowledge and agree that:
A. I am personally responsible for my preparation prior to, during, and after Athletic Activities, and I understand I should consult a doctor before engaging in any Athletic Activities.
B. I am satisfied that I am physically fit to engage in Athletic Activities and I assume all responsibility for my physical condition and capability to engage in Athletic Activities.
C. I understand that any equipment supplied for my use is supplied AS IS, and I assume all responsibility for ascertaining that the equipment can be used safely by me, and I accept the risk that there may be hidden defects in or problems with the equipment that I may be unable to discern.
D. I will at all times obey the Rules and Regulations for use of Fitness Center as posted or distributed from time to time;
E. I understand the Fitness Center is not staffed or monitored for security or my safety, and that Owner is not responsible for the loss or theft of any property brought into the Fitness Center.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY
In exchange for, and as a condition of, the ability to access and use the Fitness Center, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, I agree as follows:
A. TO WAIVE, RELEASE, DISCHARGE AND COVENANT NOT TO SUE OWNER and its affiliated entities, volunteers, directors, officers, managers, members, employees, agents, officials, independent contractors, servants, representatives, successors, and assigns (all of whom are hereinafter referred to as the “RELEASEES”) for and from any and all liability, claims, demands, actions of any kind or nature arising out of or related to any loss, damage, expense, illness, disease or injury including death that I or any of my property may suffer or that my next of kin may suffer as a result of my entry onto or use of the Fitness Center in any manner, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF USING THE FITNESS CENTER.
B. TO DEFEND, HOLD HARMLESS, AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury, including illness or death, to me or to any third party resulting from my use of the Fitness Center or for any and all liability for any costs incurred for medical costs, emergency transportation, and litigation resulting from my use of the Fitness Center.
C. This Form shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives, including without limitation in the event of my death or incapacity.
D. This Form and any rights, duties and obligations herein shall be governed by and interpreted in accordance with the laws of Wisconsin. Any litigation involving this Form shall be brought and maintained solely within Grant County, Wisconsin. If any provision of this Form is held to be invalid, the remainder of the Form shall continue to be fully effective.
In signing this Form, I am not relying on any oral or written representations or statements made by Owner or any representative of Owner with respect to the nature or condition of the Fitness Center or this form.
I CONFIRM THAT I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND THAT I HAVE READ AND UNDERSTOOD THIS FORM PRIOR TO SIGNING IT. I AM AWARE THAT BY SIGNING THIS FORM I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND/OR REPRESENTATIVES MAY HAVE AGAINST OWNER
I understand that the terms of this release are contractual and not a mere recital.
I agree that this RELEASE AGREEMENT will remain valid until I notify the fitness center coordinator and/or any instructor, in writing, of my discontinuation of participation in Athletic Activities or that I have revoked the Agreement. I further agree that my access to the Fitness Center will be terminated upon such notice being given.