The following waiver is required to create an account. By signing this waiver you agree to the terms and conditions written below.
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RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY PARENTAL/MINOR CONSENT AND SPECIAL PROCEDURES AGREEMENT
IN CONSIDERATION of being permitted to participate in, observe or access in any way any activities (“Activities”) arising out of or related to the business of Arena Sports, Magnusson Athletic Club or Issaquah Fitness (“Company), I, for myself and for my child(ren) (if any), personal representatives, assigns and heirs (“I” and collectively “Customers”):
- ACKNOWLEDGE and AGREE that Customers understand the nature of the Activities and that Customers are qualified, in good health, and in proper physical condition to participate in such Activities. Customers further agree that if at any time they believe conditions to be unsafe, or if Customers believe they may be ill or physically incapable of participating, Customers will immediately discontinue further participation in the Activities.
- FULLY UNDERSTAND and AGREE that: (a) ACTIVITIES INVOLVE THE RISK OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH, AS WELL AS ILLNESS ("RISKS"); (b) these Risks may be caused by Customers‘ own actions or inactions, the actions or inactions of others participating in the Activities, the conditions in which the Activities occur, and/or the negligence of the "Releasees" named below; (c) there may be other risks and potential losses or damages either not known to me or not readily foreseeable at this time; and (d) CUSTOMERS FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES OF ANY VARIETY related to or arising out of Customers’ participation in or observation of the Activities.
- RELEASE, DISCHARGE, and AGREE TO NOT SUE COMPANY AND ITS/THEIR AFFILIATES, their respective owners, agents, officers, members, volunteers, employees, owners/lessors of any facility where Activities occur, other participants, and any sponsors or advertisers (collectively "Releasees") FROM ALL LIABILITY, CLAIMS, LOSSES, OR DAMAGES OF ANY VARIETY ARISING OUT OF OR RELATED IN ANY WAY TO PARTICIPATION IN OR OBSERVATION OF ACTIVITIES, INCLUDING ANY CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ONE OR MORE "RELEASEES." I FURTHER AGREE THAT IF, DESPITE THIS AGREEMENT, I OR ANYONE ON CUSTOMERS’ BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES, I WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS EACH OF THE RELEASEES, INCLUDING AS TO CLAIMS THAT RELEASEE(S) WERE IN PART OR SOLELY NEGLIGENT, from any related litigation expenses, attorneys’ fees, reasonable costs of suit, losses or damages of any variety.
In addition I grant Company and its successors and assigns, the irrevocable, perpetual, royalty-free and unrestricted right to use and publish my child’s (children’s) or my name, voice, likeness, or image for editorial, trade, advertising or other commercial purpose in any medium without my approval. Customers release and agree to indemnify and defend Releasees from all claims arising out of any of the foregoing. I also agree to accept informational and promotional materials by electronic delivery.
SPECIAL PROCEDURES ACKNOWLEDGEMENT AND AGREEMENT
Customers further agree that Company may at times require Customers to abide by special facility usage requirements by virtue of law, health directives or other authority or preference. Customers understand that such special requirements may change from time to time. Customers agree to review all posted policies and requirements upon entering Company and agree to abide by such policies and requirements as a condition of usage or participation in any Activities.
I agree that if any portion of this Agreement is held to be invalid the remaining terms shall be enforceable. I agree that no oral agreement or assurance will alter the terms of this Agreement.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT VOLUNTARILY; I INTEND IT TO BE A COMPLETE RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.