Recreation and Fitness Center Waiver and Release
I enter into this Fitness Center Waiver Agreement with Strand Adventures LLC for use of the recreation and fitness center located at 315 North 8th Street, Manitowoc, WI, USA.
- Waiver and release of all claims (including negligence)
In consideration for use of the facility, I waive and release Strand Adventures LLC, its agents, servants, employees, insurers, successors and assigns from all claims, demands, causes of action, damages or suits at law and equity of whatsoever kind, including but not limited to claims for personal injury, property damage, medical expenses, loss of services, on account of or in any way related to or growing out of my presence at the facility or use of the facility and/or equipment. This waiver and release is intended to and does release Strand Adventures LLC from any and all liability for damages or injuries on account of or in any way related to or growing out of my negligence, the negligence of third parties and Strand Adventures LLC’s negligence, including but not limited to negligence in the construction, maintenance and upkeep of the facility and its equipment, negligence in training or negligence in supervision. This is not intended to release Strand Adventures LLC from any liability resulting from their intentional conduct.
I understand that if, for any reason, I am or have been under medical supervision or if I have not exercised regularly in the recent past, that a doctor’s approval should be obtained prior to use of the facility’s equipment. I understand and agree that it is my sole responsibility to obtain a doctor’s approval.
I further covenant and agree not to institute any claims or legal action against Strand Adventures LLC for any claim released by this Agreement. I further agree that should any claim be made against Strand Adventures LLC in contravention of this Agreement, including but not limited to derivative claims, I will protect, defend and completely indemnity (reimburse) Strand Adventures LLC for any such claim and expenses including attorney’s fees and costs incurred by Strand Adventures LLC in defending themselves or security indemnity hereunder.
I recognize the facility is not supervised, and I use the facility (including premises and equipment) entirely at my own risk.
- I understand that Strand Adventures LLC is not responsible for any lost or stolen valuables or property from within the facility.
- While at the facility, I agree to conduct myself in a responsible manner and will refrain from engaging in inappropriate conduct, including the use of loud, foul, slanderous language or any intimidating or offensive conduct that would interfere with the peaceful use and enjoyment of the facility by other users.
- I acknowledge that I have received and read a copy of the current rules and regulations governing the use of the facility. I agree that I will fully comply with all rules and regulations and with any amendments.
5. I acknowledge that while at the facility my photograph may be taken by electronic surveillance methods as well as facility photographers and waive any likeness rights to photos and video taken on the premises. At any time I may make a written request to the management of Strand Adventures to prevent any public/digital reproduction or use of my likeness (or any minors under my guardianship).
I have read the Agreement and understand that by signing the Agreement I have consented to be bound by its terms, including the waiver/release of any legal right I may have to sue Strand Adventures LLC for any costs they incur because a claim or legal action is brought in violation of this Agreement. I agree any violation of the Agreement and its terms and conditions, as determined by Strand Adventures LLC, will void and terminate this Agreement and may result in loss of the ability to use the facility.
Recreation Fitness Center Rules and Regulations
The following rules and regulations are intended to make the fitness center safe, enjoyable and pleasant. These rules apply to all users and might be amended periodically by Strand Adventures LLC.
- Use. Users shall use the facilities and related equipment solely for their intended use according to the ticket item or membership purchased. Users shall not misuse or use the facility and related equipment in any manner that will cause damage. Users shall not install, nor tamper with or remove, any equipment in the facility. No person may use the facility without signing a release. Guests are not authorized to use the facility, and users may not grant access to the facility, nor permit the facility to be used, by any unauthorized persons.
- Fitness Center Trainers. Users who wish to hire personal trainers and use the facility for training will ensure that the trainer has completed a release prior to scheduling training.
- Hours of Operation. To accommodate cleaning of the facility on a daily basis, the recreation and fitness center may be used during the following hours:
Monday – Sunday
11:00 AM to 7:00 PM
The fitness center will be closed for federal holidays and when allocated for facility-wide events or competitions.
- Clothing. The minimum attire at the facility is gym shorts, T-shirts, socks and tennis shoes. Any conventional exercise attire is permissible, including leotards and tights, warm-up suits, etc. Sneakers, tennis shoes or similar footwear must be worn at all times except on attractions where footwear is not permitted. Snowy, dirty, or wet footwear or clothing must be replaced and put in the provided areas prior to use of any of the attractions.
- Conduct. Any conduct that unreasonably interferes with the use or enjoyment of the facility or the equipment by others or disrupts or interferes with normal, safe, orderly and efficient operation is strictly prohibited. Personal audio equipment may not be used without headphones. Management reserves the right to expel participants for inappropriate conduct without refund.
- Smoking. Smoking of any kind or consumption of tobacco products is strictly prohibited in the facility including vape-pen/e-cigarettes.
- Solicitations and Petitions. Solicitation for the sale of any product or service, or for charitable contributions, and petitions of any kind, are strictly prohibited.
- Identification. Upon request by Strand Adventures LLC personnel, users must present keys for identification purposes. Strand Adventures LLC assumes no responsibility for lost or stolen keys.
- Food and beverage. Food and beverage may not be brought into the facility for consumption, except for bottled water or sports beverages. Alcoholic beverages are strictly prohibited.
- Notices, Complaints or Suggestions. Users must immediately notify Strand Adventures LLC if they discover unsafe or hazardous defects or conditions relating to the facility or equipment. Complaints or suggestions regarding the operation, maintenance, services and equipment at the Center should be directed to the Director of Operations or Manager on duty
- Maintenance. No user may leave litter, trash, debris or articles of clothing at the facility. The entry door must be kept closed at all times.
Date Signed: September 20, 2019