WAIVER: THE MEMBER(S)/ guests ACKNOWLEDGES AND ACCEPTS THE RISKS INHERENT IN THE USE OF THE RUSHVILLE FITNESS AND COMMUNITY CENTER’S SERVICES AND FACILITIES. THE MEMBER(S)/ Guests HEREBY VOLUNTARILY ASSUMES THE RISK OF INJURY, ACCIDENT, DEATH, LOSS, COST, OR DAMAGE TO HIS OR HER PERSON OR PROPERTY WHICH MIGHT ARISE FROM THE USE OF RUSHVILLE FITNESS AND COMMUNITY CENTER’S SERVICES OR FACILITIES. THE MEMBER(S)/ Guests, HIS OR HER HEIRS, EXECUTORS, REPRESENTATIVE, OR ASSIGNS, HEREBY RELEASE THE RUSHVILLE FITNESS AND COMMUNITY CENTER FROM ALL CLAIMS OR LIABILITIES FOR PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND SUSTAINED BY THE MEMBER WHILE ON THE PREMISES OF THE RUSHVILLE FITNESS AND COMMUNITY CENTER. BINDING CONTRACT: This agreement represents the complete understanding between the member(s)/guests and the Rushville Fitness and Community Center unless modified in writing by the parties. No representations, written or oral, other than those contained within this agreement are authorized by or binding upon the Rushville Fitness and Community Center. If any term of this Agreement is to any extent invalid, illegal, or incapable of being enforced, such term shall be excluded to the extent of such invalidity, illegality, or unenforceability; all other terms hereof shall remain in full force and effect. Memberships are NOT TRANSFERABLE. PHOTO USE RELEASE: By registering for, participating in or attending Rushville Fitness and Community Center’s programs, events, or other activities, the participant (or parent/guardian of a minor participant) irrevocably agrees to the use and distribution by the Rushville Fitness and Community Center of his or her image (or of his minor child/ward) in photographs, video recordings, and any other electronic reproductions of such programs, events and activities for any purpose without inspection or approval and without compensation, rights to royalties or any other consideration now and in the future.
ACKNOWLEDGEMENT OF RECEIPT & ACCEPTANCE: I, We, have read the above terms and conditions of membership and understand a listing of terms, conditions and usage policies are available for my review at www.rushvillefitness.com. I accept these terms, conditions, and usage policies as evidenced by my signature.
Assumption of Risk and Waiver of Liability
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is an extremely contagious disease and is believed to spread from person-to-person contact. The Rushville Fitness and Community Center has put in preventative measures to help reduce the spread of COVID-19; however, the Rushville Fitness and Community Center cannot guarantee that you will not become infected with COVID-19. Participation could increase the risk of contracting COVID-19.
READ CAREFULLY BEFORE SIGNING
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed or infected by COVID-19.by participation; and that such exposure or infection may result in personal injury, illness, permanent injury, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Rushville Fitness and Community Center may result from the actions, omissions, or negligence of myself and others, including but not limited to, the RFCC’s employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expenses, of any kind, that i may experience in connection with my participation at the Rushville Fitness and Community Center. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless the Rushville Fitness and Community Center, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or related thereto. I understand and agree that this release includes any Claims based on the action, omissions, or negligence of the Rushville Fitness and Community Center, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation at the Rushville Fitness and Community Center.
By signing this document, I agree that if I am exposed or infected by COVID-19 during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence. If I have signed a separate general waiver of liability connected to my participation at the Rushville Fitness and Community Center, I agree that the terms of that waiver are wholly incorporated into this document and that the terms of this document are incorporated into the separate general waiver.
I agree that I and my family will practice safe social distancing and clean hygiene during our participation at the Rushville Fitness and Community Center
Parent/ Guardian Additional Agreement
In consideration of me and my family being permitted to participate in activities, I further agree to indemnify and hold harmless Releases from any claims alleging negligence which are brought by or on behalf of minor or are in any way connected with such participation by minor