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You hereby acknowledge that while exercise is encouraged to promote both physical and mental health, your attendance at or use of Crosby Wellness Center, including without limitation your participation in any of Crosby Wellness Center programs or activities and your use of Crosby Wellness Center equipment and facilities may cause injury. You further acknowledge it is impossible to eliminate the risk of injury, illness or disease which may result from or arise out of your attendance at or the use of the Crosby Wellness Center facility or its equipment or activities. You also acknowledge that you may choose to participate in individual exercise activity that is or is not supervised by Facility staff. You agree that prior to participating in any exercise activity at the Facility, it is your responsibility to affirmatively and personally seek training and/or instruction from Facility staff to promote your safe participation in that activity and/or safe operation of any equipment at the Facility which you choose to use. You acknowledge and accept the risks involved with use of aquatic and locker room wet areas, including drowning, slipping on the pool deck and adjacent corridor and locker room surfaces, and attest that you can maneuver in the water if you choose to use the swimming pools. You further acknowledge that you have the responsibility to help reduce the risk of injury to yourself while in attendance at or using Crosby Wellness Center’s Facility.
You agree, on behalf of yourself and your heirs, executors, administrators, and assigns, to fully and forever waive, indemnify, hold harmless, release and discharge Crosby Wellness Center, its OWNERS, affiliates, operators, and all of their respective officers, TRUSTEES, DIRECTORS, employees, agents, successors, and assigns, (collectively, the “RELEASED PARTIES”), from any and all claims, damages, demands, rights of action or causes of action, present or future, known or unknown, anticipated or unanticipated, resulting from or arising out of this membership agreement and it’s terms and conditions and/or your attendance at or use of Crosby Wellness Center’s Facility, or its equipment OR Activities. Further, you hereby agree or waive any and all such claims, damages, demands, rights or action or causes of action. YOU ASSUME THE SOLE RESPONSIBILITY FOR YOUR PERSONAL PROPERTY AND THE PERSONAL PROPERTY OF YOUR GUESTS AND ACKNOWLEDGE AND AGREE THAT CROSBY WELLNESS CENTER SHALL NOT BE RESPONSIBLE FOR ANY LOSS, theft, or damage to ANY personal property USED OR STORED ON THE PREMISES OF CROSBY WELLNESS CENTER, WHETHER IN LOCKERS OR ELSEWHERE.
Further, you hereby release and forever discharge and hold harmless, Crosby Wellness Center and its successors, assigns and third-party agents from any and all liability, claims and demands of whatever kind of nature either in law or in equity, which may arise or hereafter arise from the health intake and fitness assessment protocols described herein.
YOU ACKNOWLEDGE AND UNDERSTAND THE EXPECTED CODE OF CONDUCT AT CROSBY WELLNESS CENTER, AND THAT CROSBY WELLNESS CENTER RESERVES THE RIGHT TO, INCLUDING BUT NOT LIMITED TO, EXCLUDE YOUR PARTICIPATION IN ANY ACTIVITY AND/OR TERMINATE YOUR MEMBERSHIP IF CROSBY WELLNESS CENTER BELIEVES THAT YOUR BEHAVIOR, MANNERISMS, HYGIENE PRACTICES OR PARTICIPATION COULD POSE A DIRECT THREAT TO YOURSELF, THE HEALTH AND SAFETY OF OTHER MEMBERS, GUESTS OR CROSBY WELLNESS CENTER STAFF.
You acknowledge that you have carefully read this Waiver and Release and fully understand that it is a waiver and release of any and all liability.
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