CLIFTON SPORTS & FITNESS CLUB
Release and Waiver of Liability and Indemnity Agreement
In consideration of being permitted to participate in
any Clifton Sports & Fitness Club Program at 199 Scoles Avenue Clifton, NJ,
the parent(s) and/or legal guardian(s) of the participant or named participant(s)
below agree:
1. The parent(s) and/or legal guardian(s) will instruct
the minor participant that prior to participating in the CSFC program or event,
he or she should inspect the facilities and equipment to be used, and if he or
she believes anything is unsafe, the participant should immediately advise the
officials of such condition and refuse to participate. I understand and agreed
that, if at any time, I feel anything to be UNSAFE, I will immediately take all
precautions to avoid the unsafe area and REFUSE TO PARTICIPATE further.
2. I/WE fully understand and acknowledge that:
(a) There are risks and dangers associated with
participation in programs and activities which could result in bodily injury,
partial and/or total disability, paralysis and death.
(b) The social and economic losses and/or damages,
which could result from these risks and dangers described above, could be
severe.
(c) These risks and dangers may be caused by the
action, inaction or negligence of the participant or the action, inaction or
negligence of others, including, but not limited to, the Releases named below.
(d) There may be other risks not known to us or are
not reasonably foreseeable at his time.
(e) CSFC may
take pictures, video, and may utilize them in printed materials, display in
either facility, or display on their website and social media channels. At no time will a person's name be posted
without their written consent.
3. I/WE accept and assume such risks and responsibility
for the losses and/or damages following such injury, disability, paralysis or
death, however caused and whether caused in whole or in part by the negligence
of the Releases named below.
4. I/WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT
TO SUE the CSFC facility used by the participant, including its owners, managers, promoters,
lessees of premises used to conduct any program, premises and event inspectors,
underwriters, and others who give recommendations, directions, or instructions
to engage in risk evaluation or loss control activities regarding any CSFC facility
or events held at such facility and each of them, their directors, officers,
agents, employees, all for the purposes herein referred to as “Release”...FROM
ALL LIABILITY TO THE UNDERSIGNED, my/our personal representatives, assigns,
executors, heirs and next to kin FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES OR
DAMAGES AND ANY CLAIMS OR DEMANDS THEREFORE ON ACCOUNT OF ANY INJURY, INCLUDING
BUT NOT LIMITED TO THE DEATH OF THE PARTICIPANT OR DAMAGE TO PROPERTY, ARISING
OUT OF OR RELATING TO THE EVENT(S) CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR
IN PART BY THE NEGLIGENCE OF THE RELEASEE OR OTHERWISE.
5. I/WE HEREBY acknowledge that these activities are
potentially dangerous and involve the risk of serious injury and/or death
and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges
that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE
OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. EACH OF THE UNDERSIGNED further expressly agrees that
the foregoing release, waiver, and indemnity agreement is intended to be as
broad and inclusive as is permitted by the law of the Province or State in
which the event is conducted and that if any portion is held invalid, it is agreed
that the balance shall, notwithstanding continue in full legal force and
effect.
7. On behalf of the participant and individually, the
undersigned partner(s) and/or legal guardian(s) for the participant executes
this Waiver and Release. If, despite this release, the participant makes a claim
against any of the Releases, the parent(s) and/or legal guardian(s) will
reimburse the release for any money which they have paid to the participant, or
on his behalf, and hold them harmless.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS,
UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE
SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE
BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL
RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
8. Due to the recent events of COVID-19, CSFC and any
entities addressed at 199 Scoles Avenue are NOT responsible for any participants
getting sick or obtaining the Coronavirus. In addition any fines or consequences
associated with COVID-19, CSFC and any entities addressed at 199 Scoles Avenue
will NOT be responsible.
CSFC Facility: 199
Scoles Avenue, Clifton, NJ
