The Center for Health Improvement
Terms and Conditions Waiver of Liability
In consideration of being permitted to use the facilities, equipment, or premises of the Center for Health Improvement at Hays Medical Center (referred to herein as “the Center”) or participate in any activity, class, program, or instruction at the Center, state and agree as follows on behalf of myself and my personal representatives, next of kin, executors, administrators, agents, and assigns:
1. I understand that any physical exercise or activity involves the risk of serious bodily injury, including permanent disability, paralysis, and death. I understand that there may be other risks associated with such activity, either not known to me or not readily foreseeable at this time. I understand that these risks may be caused by my own actions or inactions, or the actions of inactions of others.
2. I understand that if I engage in any physical exercise or activity at the Center, and/or use the Center’s facilities and amenities, I do so at my own risk. This includes, but is not limited to, the following: (a) my use of the locker room, pool, whirlpool, sauna, steam room, parking area, sidewalk, equipment or any other amenity on the Center’s premises; (b) my participation in any activity, class, program, or instruction on the Center’s premises; (c) my participation in any event sponsored by the Center or Hays Medical Center, regardless of whether the event is held on the Center’s premises or off premises; and (d) my off-premises use of any information, instruction, advice, example, direction, or suggestion I receive through any means while at the Center and/or while participating in any Center-sponsored event. I agree that I am voluntarily engaging in these activities and using these facilities and amenities. I assume all risk of injury, illness, damage, or loss of any kind of resulting from such activities and usage, including, but not limited to, any loss or theft of personal property.
3. I agree to release and discharge Hays Medical Center, Inc., (and its affiliates, employees, agents, representatives, successors, and assigns) (collectively referred to herein as “HMC”), to the fullest extent permitted by law, from any and all claims or causes of action (known or unknown) arising out of any negligence on the part of HMC. If, despite this agreement, I, or anyone on my behalf, makes a claim against HMC, I will indemnify, save, and hold harmless HMC from any litigation expense, attorney fees, loss, liability, damage, or cost HMC may incur as a result of such claim.
I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I HAVE HAD AN OPPORTUNITY TO ASK ANY QUESTIONS I MAY HAVE CONCERNING THIS AGREEMENT, AND ALL SUCH QUESTIONS HAVE BEEN ANSWERED TO MY SATISFACTION. I UNDERSTAND THAT THIS AGREEMENT CANNOT BE MODIFIED ORALLY. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT. I HAVE SIGNED THIS AGREEMENT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE. I INTEND THIS AGREEMENT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW. I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
In consideration of (“Minor”) being permitted to use the Center’s facilities, equipment, and/or premises, or participate in any activity, class, program, or instruction at the Center, I further agree to indemnify and hold harmless Hays Medical Center from any claims which are brought by, or on behalf of, Minor, and which are in any way connected to such use or participation on the part of Minor. I hereby agree and consent to the Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement on behalf of Minor.
I agree that I am of at least 18 years of age or the legal guardian of the child(ren) being registered for.