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.