CONCORDIA HEALTH & FITNESS CENTERUSER RELEASE AND LIABILITY WAIVER
PLEASE RESPOND WITH YOUR INITIALS UNLESS OTHERWISE INDICATED
Concordia University Wisconsin, Inc. (“Concordia”) currently allows graduates, donors and other friends of Concordia to use the equipment and facilities of the Concordia Health & Fitness Center (the “Center”) free of charge, solely as an accommodation and courtesy. I have chosen to make use of the facilities, though I am under no obligation to do so. I recognize that the potential legal liability associated with offering the use of such facilities is substantial, and that Concordia must undertake to protect itself from such liability. Therefore, in consideration of Concordia’s willingness to allow me to use the equipment and facilities of the Center, I have agreed to indemnify and release Concordia from legal liability as set forth below. I acknowledge that Concordia is unwilling to allow me to use the Center if I do not agree to the provisions set out below. I further acknowledge that Concordia may revoke my permission to use the Center at any time for any reason.
I acknowledge that physical exercise, the use of exercise equipment, and the use of related facilities involve some risk of serious injury or death. Whenever I make use of the equipment and facilities at the Center, I hereby assume all risks inherent in such activities. Such risks include: the risk of injury or illness from performing physical activity that is too strenuous for my physical capabilities; the risk of injury or illness from a malfunction or defect in exercise equipment or other facilities; the risk of injury or illness from accidents, such as slipping and falling; the risk of illness or injury from the conduct of third parties present in the exercise facilities; and the risk of illness or injury resulting from the rescue or assistance efforts of third parties coming to the aid of myself or others who might become ill or injured.
I acknowledge that Concordia may monitor the entrance of the Center to ensure that only authorized users and personnel will have access to the facilities. However, I acknowledge that Concordia cannot guarantee the effectiveness of the monitoring, that unauthorized persons may gain access to the facilities, and that Concordia cannot accept responsibility for their conduct. I hereby agree to release, indemnify, and hold harmless Concordia, its subsidiaries and affiliates, and their respective directors, officers, employees, agents, insurers, successors, and assigns (hereafter, “Concordia and Its Related Parties”) from any and all liability arising out of the conduct of third parties present at the Center, whether or not such persons have authorized access to the facilities.
I hereby agree to release, indemnify, and hold harmless Concordia and Its Related Parties from any and all liability arising out of my use of the equipment and facilities of the Center, out of the conduct of third parties present therein, and out of the conduct of third parties coming to the aid of myself or others who might become ill or injured. I understand that by this agreement I release Concordia and Its Related Parties from any and all liability based upon their own negligence in offering, maintaining, cleaning, securing, or otherwise managing the equipment and other facilities within the Center. However, I do not release Concordia and Its Related Parties from liability arising out of its intentional or reckless misconduct. I also do not release Concordia’s directors, officers, employees, and agents from any liability arising out of their conduct as fellow users of the equipment and facilities of the Center.
I acknowledge that I have read the foregoing agreement in its entirety and understand its terms. I ACKNOWLEDGE THAT THIS AGREEMENT SUBSTANTIALLY AFFECTS MY LEGAL RIGHTS. Type name below.
BY TYPING YOUR NAME THIS CONSTITUTES A DIGITAL SIGNATURE
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