The Member enters into this Release and Waiver, and Assumption of Risk,
for the Member and for any and all of the Member’s minor children
whom the Member permits to use any part of Saint Mary’s Fitness
Center with or without supervision.
In consideration of being permitted to enter upon, participate in, and
use any part of Saint Mary’s Fitness Center including equipment,
services, and activities of or offered by Saint Mary's Fitness Center,
and its agents, owners, directors, officers, employees, partners, independent
contractors, volunteers, and all other persons acting in any capacity
on their behalf (collectively, the “Saint Mary's Fitness Center
Parties”), I, on behalf of myself, my guests, children, heirs, executors,
administrators, successors and assigns, hereby:
1. Acknowledge, understand, and appreciate that my entry upon and/or use
of the facilities, equipment, services, and activities of or offered by
the Saint Mary's Fitness Center Parties entails significant risks, both
known and unknown, including, without limitation, the possibility of physical
or emotional injury, paralysis, death, other serious or catastrophic personal
injuries, and loss or damage to personal property.
2. Expressly agree and promise to accept and assume all of the risks, both
known or unknown, that may arise as a result of my entry upon, participation
in, and use of the facilities, equipment, services and activities of or
offered by the Saint Mary's Fitness Center Parties, whether such risks
are caused or alleged to be caused by the negligent acts or omissions
of any Saint Mary's Fitness Center Parties. I hereby confirm that I am
voluntarily entering upon, participating in, and using the facilities,
equipment, services and activities of or offered by the Saint Mary's Fitness
Center Parties, and that I am electing to take such voluntary actions
in spite of the risks. I acknowledge and agree that I am solely responsible
for my safety and responsible entry upon, participation in, and use of
the facilities, equipment, services and activities of or offered by the
Saint Mary's Fitness Center Parties, whether or not supervised by a Saint
Mary's Fitness Center Party.
3. Expressly and voluntarily release and forever discharge each of the
Saint Mary's Fitness Center Parties from any and all claims, demands,
causes of action or liability for any loss, damages, injuries, or death
that I may suffer as a result of my entry upon, participation in, or use
of the facilities, equipment, services, or activities of or offered by
the Saint Mary's Fitness Center Parties, whether the same arises out of
or results from any act, omission, or conduct of one or more of the Saint
Mary's Fitness Center Parties, negligent or otherwise.
4. Expressly agree to hold harmless, indemnify, and defend each of the
Saint Mary's Fitness Center Parties (with attorneys of each Saint Mary's
Fitness Center Party’s choice) from any and all claims, demands,
causes of action, or liability for any loss, damages, injuries, or death
suffered by any other person in connection with my entry upon, participation
in, or use of the facilities, equipment, services, or activities of or
offered by the Saint Mary's Fitness Center Parties, whether the same arises
out of or results from any act, omission, or conduct of one of more of
the Saint Mary's Fitness Center Parties, negligent or otherwise. The contract
by me to hold harmless, indemnify and defend the Saint Mary's Fitness
Center Parties is immediate upon the assertion of any claims, demands,
causes of action, or liability by any other person and is not contingent
or dependent upon a finding that my actions caused the loss, damages,
injuries, or death claimed. The contract by me to hold harmless, indemnify,
and defend the Saint Mary's Fitness Center Parties includes all consequential
damages incurred by the Saint Mary's Fitness Center Parties, or which
otherwise would be incurred by the Saint Mary's Fitness Center Parties
absent this contract, including, but not limited to, all attorney’s
fees and costs, court and litigation costs, experts fees and costs, arbitrator
fees and costs, mediator fees and costs, payment of any judgment, verdict,
award, or settlement on behalf of the Saint Mary's Fitness Center Parties,
and any other damages incurred by the Saint Mary's Fitness Center Parties
not included in the preceding list which arise as a direct or indirect
consequence of the claims, demands, causes of action, or liability asserted
by any other person.
5. I hereby grant permission to the rights of my image, likeness, and sound
of my voice as recorded on audio or video tape without payment or any
other consideration. I understand that my image may be edited, copied,
exhibited, published, or distributed, and I waive the right to inspect
or approve the finished product wherein my likeness appears. Additionally,
I waive any right to royalties or other compensation arising or related
to the use of my image or recording. Photographic, audio, or video recordings
may be used for the following purposes:
• Social media
• Security
• Training presentations
• Informational presentations
6. I recognize that I may have access to certain confidential information
of Saint Mary's Fitness Center and that this information constitutes valuable,
special, and unique property of Saint Mary's Fitness Center (the “Confidential
Information”). I will not disclose any Confidential Information
of Saint Mary's Fitness Center to any person or entity for any reason
whatsoever, except: (i) to authorize Saint Mary's Fitness Center representatives,
(ii) upon court or governmental agency order, or (iii) with Saint Mary's
Fitness Center’s written consent. Any information that is generally
available to the public or delivered from other sources is specifically
excluded. I agree that violation of this paragraph will cause Saint Mary's
Fitness Center irreparable damage without adequate remedy at law and that
therefore, in the event of a breach or threatened breach by me of these
provisions, Saint Mary's Fitness Center will be entitled to injunctive
relief restraining me from disclosing, in whole or in part, any confidential
information.
7. All member personal, financial, and health-related information is strictly
confidential and is held in secured areas. Access to this information
is limited to the appropriate Fitness Center staff, and updated health
and account information may be required.