Waiver and Liability Release In consideration of being permitted to enter into the Something Extra Fitness Area within the Bel Air store located at 2760 E. Bidwell Street, Folsom, California (the “Fitness Area”), I, the undersigned, on behalf of myself and any minor children identified below (collectively, “I”, “me”, or “my”), hereby acknowledge and agree to the following: My entry into or use of the Fitness Area, including but not limited to, my participation in any class, program, instruction, personal training, or other activity, entails known and unknown risks. Such risks may result in cuts, bruises, sprains, infections, broken bones, concussions, property damage, or more serious emotional or physical injuries, up to and including death.
Engaging in any form of physical exercise can pose serious health risks, and these risks are in part dependent on my personal level of fitness, medical condition and exercise choices. Raley’s strongly recommends that I first consult a physician to establish whether it is appropriate for me to engage in the activities for which I will use the Fitness Area. Further, if I notice any change in my physical condition that could indicate a health risk, I will promptly consult a physician and follow such physician’s recommendations about my continued use of the Fitness Area.
My entrance into or use of the Fitness Area is at my own risk. I agree that I am voluntarily participating in the use of the Fitness Area, and, to the fullest extent permitted by law, I hereby assume all risk of injury, illness, damage or loss to me or my property related thereto.
I will follow any posted or provided Fitness Area rules, which rules may be changed from time to time by Raley’s, in Raley’s sole discretion. I understand that my failure to follow any posted rules can result in the revocation of my right to use the Fitness Area.
I will inspect all equipment and facilities to be used and will not use any equipment or facilities which I believe to be damaged or defective. I will promptly notify the Fitness Area coordinator or another Raley’s team member of anything which I think could be damaged or defective. I will refrain from using any equipment or facilities in a manner inconsistent with their intended design and purpose.
I grant Raley’s the right to take photographs and audio and video recordings (collectively, “Media Recordings”) of me in connection with my use of the Fitness Area. I hereby authorize Raley’s to copyright, use, and/or publish such Media Recordings in print and/or electronically, and I hereby agree that Raley’s may use such Media Recordings for any lawful purpose, including but not limited to publicity, illustration, advertising, and web content.
To the fullest extent permitted by law, I hereby voluntarily fully release, discharge, covenant not to sue, and agree to defend, indemnify and hold harmless Raley’s, its owners, affiliates, subsidiaries, insurers, employees, officers, directors, agents, contractors, and any entity to which any such party owes a contractual indemnification obligation (collectively, the “Indemnified Parties”) from any and all claims, losses, demands, or causes of action, costs and expenses, including attorneys’ fees and costs, which are in any way connected with my use of the Fitness Area, including, without limitation, any claims which allege or prove negligent acts or omissions of the Indemnified Parties. This includes, without limitation, claims which allege or prove that the injuries and/or damage were caused by the Indemnified Parties’ sole negligence and/or claims which allege or prove that the injuries and/or damage were caused solely or partly due to negligent design, construction, condition, maintenance, or repair of the equipment or facilities.
To the extent permitted by law, this Waiver and Liability Release shall be effective and binding upon my heirs, next of kin, executors, administrators and assigns, in the event of my death. I certify that I am eighteen years or older and otherwise legally competent to sign this agreement.
I HAVE READ THE FOREGOING WAIVER AND LIABILITY RELEASE AND VOLUNTARILY EXECUTE THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENTS. NO ORAL REPRESENTATIONS, STATEMENTS OR OTHER INDUCEMENTS TO SIGN THIS WAIVER AND LIABILITY RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS, AND I SIGN IT OF MY OWN FREE WILL. THIS AGREEMENT SHALL, IN ALL RESPECTS, BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES. |
