Waiver: In consideration of being permitted to participate in any activity sponsored by the NMHU Melody Hall Fitness Center or use any of the equipment (hereinafter known as “Provider”), I, for myself, my heirs, personal representatives or assigns, do hereby forever release, waive, discharge, and covenant not to sue New Mexico Highlands University, including all entities, officials, Regents, employees, volunteers, assigns, attorneys, or representatives of NMHU, from liability from any and all claims including negligence, resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in services provided by the Provider. Assumption of Risks: Participation in Melody Hall Fitness Center activities and use of equipment carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but the range of risks includes but is not limited to: 1) minor injuries such as scratches, bruises, and sprains; 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and 3) catastrophic injuries, including paralysis and death. I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in the activities made possible by the Melody Hall Fitness Center. I hereby assert that my participation is voluntary and that I knowingly assume all such risks. Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD New Mexico Highlands University, including all entities, officials, Regents, employees, volunteers, assigns, attorneys, or representatives of NMHU, HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, brought as a result of my involvement in the NMHU Melody Hall Fitness Center activities and use of equipment and to reimburse NMHU (including all entities, officials, Regents, employees, volunteers, assigns, attorneys, or representatives of NMHU) for any such expenses incurred. Severability: I expressly agree that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of New Mexico and that if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect. Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. Today's Date: January 14, 2025
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