Tamaya Wellness Center (TWC) is located within the traditional lands of the Pueblo of Santa Ana. It is a facility which provides Pueblo members with an aquatics center, fitness programs, and health and wellness courses to meet the needs of the community. The TWC campus includes a natatorium, weight room, kitchens, a group fitness studio, and a gym area with two practice and one professional size basketball and volleyball courts. The baseball complex holds baseball and softball fields and adjacent to the fields is a skate park. ***Please Read Carefully *** If the Participant is under the age of 18, this Waiver and Release of Liability Form must be completed by the Participant’s parent or legal guardian. Should you have any questions about this Waiver and Release of Liability Form, please contact the Facility Operations Director Jesus Rios 505-771-6712. I, the Participant or the parent and/or legal guardian of the Participant, in consideration of the Participant’s voluntary participation in the Program taking place in or on any of the facilities located on the TWC campus, understand and willfully agree to the following on my own behalf and/or on behalf of the Participant: 1. Assumption of Risk: I understand that certain activities in the program or use of campus facilities may expose the Participant to the risk of personal injury, death, or property damage. I assume all risks and hazards associated with the Participant’s involvement in the Program, Event, or Activity (hereinafter “Program”). The Participant’s participation in each Program is voluntary and I understand that participation in Program activities assumes any such risks associated with the activity. I hereby certify that the Participant is in proper physical condition to participate in the activities associated with this Program and has no illness, disease or existing injury or physical defect that would be aggravated by the Participant’s participation. I will inform the Program administrator if this status changes and I will promptly withdraw Participant from participation and bring these concerns to the immediate attention of the nearest official. 2. Waiver and Release of Liability: To the fullest extent permitted by law, I hereby agree to release, hold harmless, discharge, and agree to indemnify and not to sue TWS, the Pueblo of Santa Ana, its directors, administrators, officers, managers, employees, coaches, trainers, volunteers and agents in their individual or official capacity, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the Program ("Releasees") from any and all claims of any other nature including personal injury, death, property damage, and/or illness, including exposure to COVID-19 and any of its variants, arising out of, or in connection with, the Participant’s participation in the Program. 3. Participant Conduct: The Participant, by participating in the Program agrees, at all times during the Program, to follow all rules and guidelines established by the Program’s established terms and conditions for participation. I understand that the Participant may be dismissed from participation for the day or for the entire Program for any misconduct or breaking Program rules, as determined by Program or TWS staff in their sole discretion. I have completely read and fully understand this Waiver and Release of Liability Form and had all my questions answered. I represent and certify that I have the legal capacity and authority to agree and sign this Waiver and Release of Liability Form. By my signature below, I hereby agree to this Waiver and Release of Liability Form and hereby bind myself and/or Participant to the terms of this Waiver and Release of Liability Form. 4. Furthermore, I indemnify and hold harmless all the above-named Releasees from any and all liabilities associated with my involvement or my spouse or my child/ward's participation in these programs, facility use, equipment use including those arising from their negligence to the maximum extent permitted by law. I have carefully read and fully understand this Release of Liability and Assumption of Risk Agreement. I acknowledge that by signing this agreement, I voluntarily relinquish substantial legal rights and sign it freely and without any form of inducement, assurance, or guarantee. I understand the gravity of the risks involved in participating in Tamaya Wellness Center programs, sports events, equipment, utilizing aquatic facilities, ball fields, playgrounds, and campus grounds. I accept personal responsibility for adhering to all rules and regulations governing participation. |