I, the undersigned, understand that St. Louis Community College provides voluntary access to fitness centers to employees and currently enrolled students of the College. I understand and agree that my voluntary use of St. Louis Community College’s Fitness Centers will be in accordance with the provisions of this Agreement. By signing this Agreement, I acknowledge and agree to the following: 1. Conduct. I understand, acknowledge, and agree to respect the privacy of others using College Fitness Centers and further agree to follow all safety guidelines including 1) wearing clothing and footwear appropriate for the equipment used, 2) following all posted rules, 3) using all exercise equipment for the intended purpose(s), and 4) report any misuse of equipment or improper conduct in accordance with St. Louis Community College’s (the “College”) policies and procedures. I Agree
2. Rules of Use. I have read, acknowledge and agree to follow the Rules of Use of College Fitness Centers, attached hereto, and agree to report any known violation of the Rules of Use to the relevant Facility Supervisor or Fitness Center Coordinator for the site at issue. I Agree
3. Liability. I acknowledge and agree that the College shall not be responsible or liable for any accident, injury, theft, loss, or damage caused by my negligence. I Agree
4. Exclusive Access. I understand, acknowledge, and agree that the use of College Fitness Centers is intended exclusively for employees and currently enrolled students of St. Louis Community College (the “College”) and that I shall not encourage or promote the use of College Fitness Centers by visitors or others who are not current employees or students of the College. I Agree 5. Termination of Privileges. I understand, acknowledge, and agree that the use of College Fitness Centers is wholly voluntary, is not a term or condition of my employment or a duty of my employment or enrollment and I am not required to utilize College Fitness Centers. The time I choose to spend using College Fitness Centers is my personal time. Further, the College is not required to offer use of College Fitness Centers and access to College Fitness Centers is a privilege and not a right. Improper or unauthorized use of College Fitness Centers may result in temporary or permanent termination of all privileges. I understand, acknowledge, and agree that the College reserves the right to suspend or terminate the privileges of any individual whose actions are detrimental to the use, safety, and enjoyment of College Fitness Centers. I Agree 6. No Supervision. I understand, acknowledge, and agree that the College does not regularly supervise, monitor, or staff College Fitness Centers. I understand that any surveillance cameras installed in College Fitness Centers are not continuously monitored. I understand, acknowledge, and agree that in the event of a medical emergency, there will likely be no one available to provide immediate assistance. I Agree 7. Risks. I understand, acknowledge, and agree that the use of exercise equipment involves risk of injury, including muscle strain, muscle soreness, sprains, damaged ligaments, broken bones, concussions, breathing difficulty, heart attack, stroke, paralysis, serious physical injury, temporary or permanent disability, death, economic loss, and property loss. I further acknowledge, understand, and agree that use of College Fitness Centers may involve risks and dangers, both known and unknown, including unforeseen equipment malfunction, and I voluntarily choose to use College Fitness Centers and the equipment provided. Therefore, I voluntarily accept and assume all risk of injury, loss of life, or damage to property arising out of my use of College Fitness Centers. I Agree
8. Health. I certify that 1) I understand that I am encouraged to consult with my health care provider before using the equipment available in College Fitness Centers and it my decision whether or not to do so; 2) I possess a sufficient degree of physical fitness and mental competency to safely use College Fitness Centers and the equipment provided, 3) I understand that I shall immediately discontinue activity at any time I experience excessive discomfort, stress, or strain and 4) I will seek immediate and appropriate medical care as needed. I Agree 9. Medical Care. I authorize representatives of the College to obtain appropriate medical treatment on my behalf. I hereby agree to hold harmless and indemnify the College for any and all claims, causes of action, damages, and/or liabilities arising out of or resulting from necessary medical treatment provided to me by the College resulting from my use of College Fitness Centers. I acknowledge and agree to accept full responsibility for any and all expense, including medical expenses, that may result from any injuries I may sustain during my use of College Fitness Centers. I Agree 10. General Release. Knowing and understanding the risks associated with the use of College Fitness Centers, I agree on behalf of my family, heirs, personal representative(s), and myself to assume all risks involved with my use of College Fitness Centers. To the maximum extent permitted by law, I release, hold harmless, and agree to indemnify the College, its officers, directors, trustees, faculty, staff, representatives, employees and agents, from and against, any present or future claim, loss, or liability for injury to person or property that I may suffer, or for which I may be liable to any other person, related to my use of College Fitness Centers, resulting from any cause, including but not limited to ordinary or gross negligence. I Agree This Agreement shall be governed by and construed under the laws of Missouri without respect to its conflicts of laws principles. I agree that any legal action or proceeding relating to this Agreement or arising out of any injury, death, damage, or loss resulting from my use of College Fitness Centers, shall be brought only in St. Louis County, Missouri. This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital. The information I have provided is disclosed accurately and truthfully. I have been given ample time to read this document, and I understand and agree to all of its terms and conditions. I understand and agree that I am giving up substantial legal rights (including my right to sue) and acknowledge that I am signing this document freely and voluntarily and intend by my signature to provide a complete and unconditional release of all liability to the greatest extent allowed by law. My signature on this document is intended to bind not only myself but also the successors, heirs, representatives, administrators, and assigns of myself. I certify that I am 18 or older and have carefully read and voluntarily sign this Assumption of the Risk and General Release of Liability Form. IF UNDER THE AGE OF 18, A PARENT OR GUARDIAN MUST SIGN THIS FORM.
Today's Date: December 12, 2024 |