VASHON HEALTH & FITNESS INC
RELEASE OF LIABILITY, WAIVE OF CLAIMS, ASSUMPTION OF RISK, COVENANT NOT TO SUE AND HOLD HARMLESS AGREEMENT
What you are about to read and are requested to sign is a waiver and release of liability. Upon signing it, you will give up your right to sue Vashon health & Fitness Inc / DBA: Vashon Athletic Club, Inc. (“VAC”) or anyone associated with VAC for injuries or losses you suffer while using VAC facilities or while participating in activities at VAC facilities, including but not limited to facilities at 19120 VASHON HWY SW, Vashon, WA 98070.
Please take your time and read this agreement carefully. When you are certain that you understand the importance of each paragraph, sign your initials in the space provided. Sign the document only after you have read and understand everything. If you have any questions about the agreement consult your attorney.
YOU WILL NOT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES AT VASHON ATHLETIC CLUB INC. (VAC) WITHOUT THE SIGNED WAIVER.
I UNDERSTAND THAT SIGNING THIS DOCUMENT WILL PREVENT ME, MY HEIRS, EXECUTORS, DEPENDANTS, BENEFICIARIES AND ASSIGNS FROM SUING VAC, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR GUESTS FOR ANY INJURIES, INLUDING DEATH AND PARALYSIS, OR DAMAGES THAT I MIGHT RECEIVE WHILE PARTICIPATING IN ANY ACTIVITIES WITH VAC OR AT VAC FACILITIES.
MEMBERSHIP ACCOUNT CHANGES MUST BE SUBMITTED IN WRITING EITHER BY "CHANGE FORM" AT THE FRONT DESK OR BY SENDING AN EMAIL TO BILLING@VASHONATHLETICCLUB.COM. WE REQUIRE ACCOUNT CHANGES ON OR BEFORE THE 25TH DAY OF THE MONTH PRIOR FOR THOSE CHANGES TO TAKE AFFECT FOR THE UPCOMING MONTH. IF CHANGES ARE SUBMITTED AFTER THE 25TH DAY, THOSE CHANGES WILL TAKE AFFECT FOR THE MONTH AFTER.
(Initial here when read and understood)
1. ASSUMPTION OF RISK, WAIVER AND RELEASE OF CLUB FOR ACCIDENTS AND INJURIES
Physical exercise and use of VAC facilities involve a number of health and safety risks. Serious, painful and/or disabling injuries, illnesses, including, but not limited to, muscle strains, tears and/or other soft tissue injury, heat exhaustion, stroke, heart attack, and other conditions, including accidental death, may occur if Participant does not properly use VAC facilities and equipment within participants reasonable limits of strength, coordination, and endurance, or if Participant overuses or misuses VAC facilities and equipment. No Participant should undertake any weight control, physical exercise, training and\or conditioning without first getting a complete physical exam and following such medical advice as may be appropriated to Participants age, condition, and desired goals. In addition, shower stalls, locker rooms and other bare surfaces not mentioned may be slippery when wet. Participant may slip and/ or fall if proper care is not taken by participant to avoid wet or slippery areas. Use of free weights or weight training machines and equipment may cause hernias, strains, tears and/or injury, even if equipment is used properly. Participant shall wear protective gear while using said equipment, including, as participant deems necessary, belts, gloves, and/or braces. If participant becomes dizzy, drowsy, and/or exhausted while exercising, Participant must immediately cease exercising, notify VAC attendants, and seek medical care and advice before resumption of activity. As a result of Participants understanding of these and other hazards and risks, Participant agrees that VAC facilities and equipment are to be visited and/or used by Participant at Participants sole risk. VAC and its employees are not to be held liable for any claims, injuries, actions or causes of action, damages to person and/or property arising out of Participants presence at, or use of, VAC facilities and/or equipment. Participant has read this clause, understands its terms and in consideration for permission to visit and use VAC facilities, Participant assumes and accepts responsibly for all risks of such claims and/or injuries, and waives, releases and indemnifies VAC and its employees from all liabilities detailed in this clause.
VAC shall not be liable for the loss of, theft of, or damage to, any personal property of the Participant. Reasonable rules and regulations may be posted at the VAC facilities regarding the health, protection and/or safety of Participants; all Participants are subject to strict compliance therewithal. Failure by Participant to so comply shall permit VAC to revoke such Membership Agreement or Participants access without any further obligation to the Member or Participant; said revocation to be effective upon notice to Participant. Participant acknowledges receipt of the current rules and regulations.
2. INDOOR CLIMBING ROPE/ PEG BOARD RISKS.
I understand that there is a significant risk or serious physical injury, death and other damages inherent in indoor climbing and physical fitness training activities and in my use of VAC facilities and instruction relating to these activities. These risks and hazards can include, but are not limited to, injuries arising from falling and striking objects or other people; being struck by falling objects or people; failure of any part or all of the climbing structures, flooring systems, building or training and fitness apparatus; defective, worn, uneven, separated or additional flooring or pads; hazards created by additional pads, falling and failing to land on a pad; landing on a pad and suffering an injury; failure and/ or breakage of climbing holds; failure of climbing hold anchoring systems and hardware; failure of anchoring systems; falling because of improper use of ropes and safety equipment; injury resulting from spotting; inadequate spotting or other spotting related injury; injuries related to fitness training classes including without limitation yoga classes; risks associated with walking on streets and sidewalks to access VAC facilities; strained or sprained muscles, joints and connective tissue; broken bones; personal injury including paralysis; death; illness; property damage; and other losses; I further understand that VAC facilities may be available during operating times that may be without staff supervision or observation of VAC facilities and that I may encounter additional risks during that time. Injury or death can arise from errors in judgment, from lack of training or information, from negligence of me, employees or agents of VAC or other parties, as well as the risks normally associated with athletic endeavors. There is no way to eliminate the risk of serious harm or death. I understand that my use of VAC facilities and any instruction or knowledge I obtain at those facilities IS NOT sufficient to prepare me for the dangers and risks of indoor climbing and athletic training.
(Initial here when read and understood)
3. ACKNOWLEDGEMENT AND ASSUMTPION OR RISK OF INFECTIOUS DISEASE.
I understand and have familiarized myself with the dangers of COVID-19 and understand that participating in activities at this facility may subject me to exposure and infection by COVID-19 or other infectious disease. I have read and agree to comply with all rules and recommendations of VAC facilities and applicable local, state and federal health authorities with respect to COVID-19 or other infectious disease. I acknowledge and understand that such rules may be inadequate to protect me from the risk of transmission or disease by or to others. I understand that state, federal, and local guidelines rapidly change, and that the rules and recommendations of VAC facilities therefore may not reflect the most recent health guidance. Notwithstanding the risks associated with COVID-19 or other infectious disease, including without limitation the risk of illness or death, which I readily acknowledge, I hereby willingly choose to participate in activities at the facility, AND I ACKNOLWEDGE AND FULLY ASSUME THE RISK OF ILLNESS OR DEATH TO MYSELF OR OTHERS RELATED TO COVID-19 OR OTHER INFECTOUS DISEASE ARISING FROM MY PRESENSE AT VAC AND/OR PARTICIPATION IN ACTIVITIES AT VAC.
4. I ASSUME ALL RISKS.
I CERTIFY THAT I UNDERSTAND PHYSICAL FITNESS ACTIVITIES, INCLUDING BUT NOT LIMITED TO, SWIMMING, ROPE CLIMBING, EXERCISE, EXPOSE ME TO A HIGH RISK OF INJURY OR ACCIDENT. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS INCLUDING BUT NOT LIMITIED TO THOSE ENUMERATED IN THIS DOCUMENT, WETHER KNOWN OR UNKNOWN, OF INJURY, ILLNESS, DEATH OR DAMAGE OF WHATEVER KIND ARISING OUT OF MY USE OF VAC FACILITIES OR EQUIPMENT OR MY PARTICIPATION IN ANY ACTIVITY AT VAC FACILITIES OR SPONSORED BY VAC.
5. I WAIVE AND RELEASE ALL CLAIMS.
I recognize that VAC could not offer this activity without obtaining a release of liability. In consideration of, and part payment for the right to use VAC’s facilities, I RELEASE VAC AND ANYONE ASSOCIATED WITH VAC, INCLUDING WITHOUT LIMITATION ITS OWNERS, DIRECTORS, STAFF, INSTRUCTORS, MEMBERS, AGENTS, PERSONAL TRAINERS, COACHES, GUESTS AND THIRD PARTIES, FROM ALL LIABILITY, AND KNOWINGLY, INTENTIONALLY AND VOLUNTARY WAIVE ALL CLAIMS, DEMANDS OR CAUSES OF ACTION OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY CLAIMS OF NEGLIGENCE, WHICH MAY ARISE AS A RESULT OF MY PARTICIPATION IN A VAC SPONSORED ACTIVITY OR FROM USE OF VAC FACILITIES OR EQUIPMENT.
6. I WILL INDEMNIFY VAC.
In consideration of, and in part payment for the right to use VAC’s facilities, I agree to defend, protect, INDEMNIFY, and hold harmless VAC, its owners, officers, directors, members, instructors, employees, personal trainers, agents, and guests from and against any and all claims, suits, actions at law or in equity, for damages or other relief and against any liability of any nature, together with attorney’s fees and costs incurred, that may arise out of my use of VAC property or facilities, INCLUDING BUT NOT LIMITED TO INJURIES ARISING FROM MY VIOLATION OF VAC RULES. I agree to pay reasonable attorneys’ fees and all other costs of all parties if I bring a suit for injuries suffered at VAC and that action is unsuccessful, in whole or in part. Additionally, in consideration of, and part payment for my right to participate in a VAC sponsored activity, I EXPRESSLY AGREE NOT TO SUE VAC, ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, INSTRUCTORS, EMPLOYEES, PERSONAL TRAINERS, AGENTS AND GUESTS AND HEREBY WAIVE ALL CLAIMS AND LIABILTIES AGAINST VAC AND THOSE PARTIES INCLUDING, WITHOUT LIMITATION, CLAIMS FOR NEGLIGENCE ARISING FROM MY (OR THE MINOR’S) PARTICIPATION IN CLIMBING ACTIVITIES OR USE OF VAC FACILITIES OR EQUIPMENT.
(Initial here when read and understood)
7. I AGREE TO ABIDE BY ALL VAC RULES.
I agree to abide by all VAC rules and codes of conduct including without limitation those contained in written or electronic and video form as well as verbal directions that may be given by VAC staff or employees. I MAY NOT USE VAC FACILITIES IF I AM UNDER THE INFLUENCE OF ALCOHOL OR OTHER DRUGS.
8. I AM PHYSICALLY QUALIFIED TO PARTICIPATE.
I certify that I have no physical limitations or medical conditions that would impair my ability to fully and safely use VAC facilities. I agree to inform VAC of any conditions that may have any effect on my ability to fully and safely use VAC facilities, so that a determination can be made as to the proper course of action.
9. OTHER PROVISIONS.
- This agreement constitutes the complete and sole agreement between you and VAC, its owners, officers, directors, instructors, employees, agents, personal trainers, members and guests and all others associated with VAC. Excepting the Unstaffed Hours Access Agreement and Rules Acknowledgment, evidence of any other agreements, whether oral or in writing, are void and inadmissible and unenforceable in a court of law, arbitration or other dispute resolution proceeding.
- INDIVIDUAL OFFICERS, DIRECTORS, VAC MEMBERS, INSTRUCTORS, PERSONAL TRAINERS, EMPLOYEES AND AGENTS HAVE NO AUTHORITY OR POWER TO ALTER THE TERMS OF THIS AGREEMENT, EITHER ORALLY OR IN WRITING. This agreement covers my use of VAC facilities as well as my participation in all VAC activities and all associated events.
- THE LAWS OF THE STATE OF WASHINGTON SHALL GOVERN THIS AGREEMENT. VENUE FOR ANY ACTION SHALL BE KING COUNTY, WASHINGTON.
I VOLUNTARILY WAIVE ANY RIGHT I MAY HAVE TO A TRIAL BY JURY IN ANY ACTION INVOLVING ANY RELEASED PARTY RELATED TO OR ARISING FROM MY PARTICIPATION IN CLIMBING ACTIVITES OR USE OF VAC FACILITIES OR EQUIPMENT.
(Initial here when read and understood)
If any provision of this agreement or its application to any person or circumstance is held invalid or void, the remainder of the agreement or its application to other persons or circumstances is not affected.
I AM FULLY AWARE OF THE CONTENTS OF THIS AGREEMENT AND RELEASE, AND HAVE READ AND UNDERSTAND ALL OF THE TERMS. THE TERMS OF THIS AGREEMENT BIND ME, MY FAMILY (INCLUDING BUT NOT LIMITIED TO SPOUSES AND DOMESTIC PARTNERS), HEIRS, EXECUTORS, ADMINISTRATORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS. I recognize that if I have any questions regarding my waiver of rights, I should consult an attorney.
Today's date: May 30, 2023