Assumption of Risk, Waiver of Liability, Indemnification Agreement, and Covenant Not to Sue For and in consideration of being permitted to enter the premises of and participate in the activities offered by Applewood Knolls Swim and Tennis Club, located at 11520 W 32nd Ave. Wheat Ridge, Colorado, 80033 (the "Club"), I, the undersigned (or if the participant is under 18 years of age, I am the parent or legal guardian of the participant, and I have the full legal authority to execute this document on their behalf and bind them to the terms herein), hereby acknowledge, understand, and agree to the following: 1. Acknowledgment of Risks: I understand that participation in swimming, tennis, and other activities offered by the Club involves inherent risks, some of which are foreseeable and others which are not. These risks include, but are not limited to: - Swimming: Drowning, near-drowning, slips and falls on wet surfaces, collisions with other swimmers or objects, injuries from diving, skin irritation, and exposure to pool chemicals.
- Tennis: Slips and falls on court surfaces, trips over nets or court lines, injuries from tennis balls or rackets, strains, sprains, and other musculoskeletal injuries.
- General Premises Risks: Slips, trips, and falls on walkways, stairs, and other surfaces; injuries from equipment or furniture; the consumption of alcoholic beverages and/or other legal substances; and the actions or inactions of other members, guests, or staff.
- Health Risks: Unforeseen health events, including but not limited to heart attack, stroke, or other medical emergencies.
- Transmission of Illness: Exposure to communicable diseases, including but not limited to viruses and bacteria.
I understand that these risks and others not included herein may result in serious bodily injury, temporary or permanent disability, illness, death, or property damage. I voluntarily choose to participate in these activities with full knowledge and understanding of these risks. 2. Assumption of Risk: I knowingly and freely assume all risks, both known and unknown, arising from my (or my child's) entry onto the Club premises and participation in any and all activities offered by the Club. I understand that the Club does not guarantee my (or my child's) safety and that I am solely responsible for taking precautions and using good judgment while on the premises and participating in activities. 3. Waiver and Release of Liability: To the fullest extent permitted by law, I, on behalf of myself, my spouse, my children, my heirs, executors, administrators, assigns, and personal representatives, hereby irrevocably and unconditionally waive, release, and forever discharge the Club, its owners, officers, directors, managers, employees, agents, volunteers, contractors, and affiliates (collectively, the "Released Parties") from any and all claims, demands, actions, causes of action, damages, losses, expenses, and liabilities of any kind or nature whatsoever, whether known or unknown, foreseen or unforeseen, arising out of or in any way connected with my (or my child's) entry onto the Club premises or participation in any activities offered by the Club or other activities on the premises, the actions or inactions of other members, guests, or staff, including but not limited to any injury, disability, death, illness, or property damage, even if such claims, demands, actions, causes of action, damages, losses, expenses, or liabilities are caused by the negligence, active or passive, sole or concurrent, or other fault of the Released Parties. 4. Indemnification: I hereby agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, causes of action, damages, losses, expenses (including attorneys' fees and costs), and liabilities of any kind or nature whatsoever, arising out of or in any way connected with my (or my child's) and my guests’ entry onto the Club premises, our actions on the Club Premises or participation in any activities offered by the Club or other activities on the premises, the actions or inactions of other members, guests, or staff, including but not limited to any injury, disability, death, illness, or property damage, even if such claims, demands, actions, causes of action, damages, losses, expenses, or liabilities are caused by the negligence, active or passive, sole or concurrent, or other fault of the Released Parties. This indemnification obligation shall include, without limitation, claims made by or on behalf of any third party arising from my (or my child's) and my guests’ actions or inactions while on the Club premises or participating in Club activities. 5. Covenant Not to Sue: I hereby agree that I will not institute or cause to be instituted any lawsuit or other legal action against the Released Parties for any claims, demands, actions, causes of action, damages, losses, expenses, or liabilities that are waived and released by this Agreement. 6. Medical Treatment: I hereby consent to receive medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during my (or my child's) participation in activities at the Club. I understand that I am responsible for any and all costs associated with such medical treatment. 7. Severability: I agree that if any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. 8. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles. 9. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written. BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT, AM NOT UNDER DURESS TO SIGN THIS AGREEEMENT, UNDERSTAND ITS CONTENTS, AND VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS. I AM AWARE THAT THIS AGREEMENT CONTAINS A RELEASE OF LIABILITY AND AN INDEMNIFICATION OBLIGATION. |