WAIVER, RELEASE OF LIABILITY & ASSUMPTION OF RISKS
To be Completed and Signed by every Member and Guest using the Two Peaks Fitness Facility (hereinafter, the "Facility"):
DISCLAIMER: THE FACILITY IS NOT RESPONSIBLE FOR ANY INJURY, INCLUDING DEATH, OR LOSS OF PROPERTY TO ANY PERSON SUFFERED WHILE ON THE PREMISES OR PARTICIPATING IN THE USE OF THE FACILITY FOR ANY REASON INCLUDING BUT NOT LIMITED TO THE UTILIZATION OF ANY EQUIPMENT OR THE PLAYING, PRACTICING, OR SPECTATING OF ANY ACTIVITY INCLUDING IN OR ABOUT THE FACILITY PREMISES.
In consideration of my participation in and use of the Facility, I hereby release and covenant to not sue the Facility, its owners, shareholders, directors, officers, employees, representatives, agents, and lessees from any and all present and future claims resulting from ordinary negligence and inherent risk of use of the facilities and equipment of the Facility, including but not limited to any loss, injury, damage, or liability sustained by me while on or about the premises of the Facility.
I am fully aware and understand that the Facility does not have on or about the Facility premises, or employ or contract with any medical services, provisions for ordinary or emergency medical services including but not limited to emergency cardiovascular assistance.
I am also fully aware and understand that such losses, injury, disability, or death may result from the actions, in actions or negligence on my part, on the part of the Facility, on the part of others, the rules of play, or the condition of the Facility's premises or equipment.
I agree that immediately prior to participating in any activity occurring in or about the Facility's faculties I will inspect the facilities and equipment to be used and if any defect is apparent, I will not use the facility or equipment and I will notify the management of the Facility of the defect.
I further agree that if I am not knowledgeable in the proper use of any of the Facility's facilities or equipment, I will obtain proper instruction for the correct use of such facility or equipment from a qualified individual before I will use the facility or equipment.
I further agree to indemnify and hold harmless the Facility, its owners, shareholders, directors, officers, employees, representatives, agents, and lessees for any and all claims arising from my involvement in or receiving instruction for the Facility's activities incidental thereto wherever, whenever, and however the claims may arise, including but not limited to travel to and from the Facility or related activity sites and participation at remote sites.
To promote the safety of all persons and the security of its Facility, Two Peaks Fitness may conduct video surveillance of its premises at any time. Video cameras will be positioned at appropriate places within and around the Facility, except private areas of restrooms, showers, and dressing rooms.
I assume all the foregoing risks and accept personal responsibility for any damages and loss following any loss of property, injury, permanent disability, or death resulting there from.
I HAVE READ AND FULLY UNDERSTAND THE ABOVE WAIVER, RELEASE, AND ASSUMPTION OF RISKS AND FULLY UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS WAIVER, RELEASE, AND ASSUMPTION OF RISKS, AND SIGN IT VOLUNTARILY.
Any person under the age of 18 years must have a parent or guardian co-sign this form.