Purpose of this Binding Agreement
By reading and signing this document, “You”, the undersigned, sometimes also referred to as “User” or “I”, will agree to release and hold the JFK Federal Fitness Center (“Club” or “We”) harmless from, and assume all responsibility for all claims, demands, injuries, damages, actions or causes of action to persons or property, arising out of, or connected with your use of the Club’s facilities, premises or services. The agreement and release is for the benefit of the Club, its directors, officers, management, employees, agents, sponsors, independent contractors, volunteers, other users of the Club, and all persons on the Club’s premises. This agreement includes your release of these persons from responsibility for injury, damage or death to yourself because of those acts or omissions claimed to be related to the ordinary negligence of these persons. This agreement also includes your representations as to important matters which the Club will rely upon.
Representations
The undersigned, You, represent: (a) that you understand that use of the Club premises, facilities, equipment, services and programs includes an inherent risk of injury to persons and property, and (b) that you possess the necessary skills and fitness level to safely participate in activities of the Club that you choose to perform. You acknowledge and fully understand that you will be engaging in activities that involve risk of serious injury or bodily harm, which may include permanent disability and even death, and severe social and economic losses which might result not only from your actions, but also from the actions, inactions, or negligence of others, the rules of play, or the conditions of the premises, or any equipment used, and further that there may be risks not known to you or not reasonably foreseeable by you. Risk of injury includes injuries arising from or relating to participation by you or others in supervised or unsupervised activities of the Club. Injuries and medical disorders arising from or relating to use of the Club’s facilities include heart attacks, sudden cardiac arrest, strokes, heat stress, sprains, strains, scrapes, bruises, broken bones, concussions, and torn muscles, tendons, and ligaments, among others, and accidental injuries occurring anywhere in the Club including lobbies, hallways, exercise areas, and locker rooms. Accidental injuries include those caused by you, by other persons, and those of a “slip-and-fall” nature. As used herein, the terms “include,” “including,” and words of similar import are descriptive only, and are not limiting in any manner. You hereby agree that all exercise and use of the Club’s facilities, services, programs, and premises are undertaken by you at your sole risk.
You acknowledge and represent that you realize and appreciate that the Club's facilities are not staffed, supervised, or monitored at any time, and that this increases and enhances certain risks to you. You realize that any emergency response to you in the event of need for same may be impossible or delayed. While we encourage you to use the Club's facility with a partner, you may choose to do so without a partner, therefore enhancing and increasing the risks to you as to the provision of first aid and emergency response. You realize that a delay in the provision of first aid and/or emergency response may result in greater injury and disability to you and cause or contribute to your death. Use of the Club with no one else present to supervise or watch your activities is not recommended and would not be allowed unless you agree to assume all risks of injury, whether known or unknown to you. You agree that prior to participating in any activity at the Club, you will inspect the facilities there and all equipment to be used, and if, through your inspection, you determine that anything related to that activity is unsafe, you will immediately advise the Club of this unsafe condition and will not participate in the use of the facilities until the condition is corrected. You also agree to abide by all safety rules and instructions as well as the instructions of the Club’s management. You agree to inform the Club’s management of any conduct or conditions that might endanger yourself or others.
You acknowledge that you understand that it is your responsibility to consult a physician concerning an exercise program that will not risk injury to yourself or impairment of your health. You acknowledge that you have either had a physical examination and have been given your physician's permission to participate or that you have decided to participate in activity and use of equipment and machinery without the approval of your physician and do hereby assume all responsibility for your participation and activities, and utilization of equipment and machinery.
You do hereby acknowledge that, if you have any medical condition that would pose a risk to your ability to safely use the Club, you have consulted with the appropriate medical provider(s) and obtained your medical provider’s approval for your participation at the Club and you agree to abide by all recommendations, restrictions or other medical advice from your medical provider(s) concerning your safe use of the Club. If your medical provider(s) determines that you cannot safely use the Club, you agree to cease participation in the Club until such time as your medical provider(s) approves you to resume participation. If you have any special exercise requirements or require specific accommodations to safely use the Club, you agree to disclose them to the Club before using the Club’s facilities.
You also acknowledge that it has been recommended that you have a yearly or more frequent physical examination and consultation with your physician as to physical activity, exercise and use of exercise and training equipment so that you might have their recommendations concerning these fitness activities and equipment use.
Express Assumption of All Risks
You have represented to us and acknowledged that you understand and appreciate all of the risks associated with your voluntary participation in various activities and use of equipment/facilities at the Club, including the risks of injury, disability, paralysis, and death. You have also acknowledged that there are greater, enhanced and even other risks to you because the Club's facility is not staffed at any time. Knowing and appreciating all of these risks and enhanced risks, you have knowingly and intelligently determined to expressly assume all risks associated with all of your activities and use of equipment/facilities at the Club. You understand and are aware that strength, flexibility and aerobic exercise, including the use of equipment can be vigorous and potentially hazardous activities. You hereby agree to expressly assume and accept any and all risks of injury or death including those related to your use of or presence at this facility, your use of equipment and your participation in activity, including those risks related to the ordinary negligence of those released by this Agreement and including all claims related to ordinary negligence in the selection, purchase, set up, maintenance, instruction as to use, use and/or supervision of use, if any, associated with all equipment and facilities.
Agreement and Release of Liability
In consideration of being allowed to participate in the Club’s activities and use its equipment/facilities, in addition to the payment of any fee or charge, you do hereby waive, release and forever discharge the Club and its directors, officers, management, employees, agents, sponsors, independent contractors, volunteers, representatives, successors and assigns, administrators, executors, other users of the Club, and all persons on the Club’s premises from any and all responsibilities or liability from injuries or damages resulting from your present or future participation in any activities or your use of equipment/facilities in the above-mentioned activities. You also hereby release all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage to yourself, including those caused by the negligent act or omission of any of those mentioned or in any way arising out of or connected with my present or future participation in any activities of the Club. This provision shall apply to ordinary acts of negligence but shall not apply to gross acts/omissions of negligence, willful or wanton acts/omissions or those of an intentional/criminal nature.
Loss or Theft of Property
The Club is not responsible for lost or stolen articles. You should keep any valuables with you at all times while using the facilities. Storage space or lockers do not always protect valuables. Consequently, by executing this Agreement and any accompanying documents, you do hereby agree to assume all responsibility for your own property and to insure that property against risk of loss as you see fit. By the execution hereof, you expressly, on behalf of yourself, do hereby knowingly agree to forego, waive, release and prospectively give up any right to institute any claim or action against the Club relating to lost or stolen property, including property lost or stolen due to the negligent act or omission of the Club. You agree to indemnify and save the Club and all of its personnel harmless from any action, claim, suit or subrogated claim or suit instituted at any time hereafter against the Club related to the theft or loss of your property at the Club. The Club shall be indemnified by you for all costs, expenses, fees, including attorney fees, incurred by the Club or its personnel by reason of any such action.
Lack of Supervision and Lack of Emergency Responses
I realize and understand that the facility is not staffed, supervised, or monitored on a real time basis at any time, and that there may be a total inability for anyone to be summoned from on or off the premises of the facility to provide any emergency response to me if I am in need of same. It is my understanding and I have been informed that this facility does not have personnel on the premises trained in cardiopulmonary resuscitation (CPR). I also understand and I have been informed that this facility has an automated external defibrillator (AED) available to use in the event of emergency, but that no one may be present to use it in the event of need. I have been informed that public emergency medical services (EMS) are available to provide emergency response service in the event of need – but only if I or someone else present at the time calls or summons them and they respond. It is my understanding that a public EMS response may not be as timely as that which might otherwise be provided at a staffed facility. I also consent to any emergency medical care and transportation in order to obtain such treatment in the event of injury to me as the Club may deem appropriate and I will assume the responsibility for all associated costs. I also authorize the sharing of my medical information or emergency contact’s information with medical personnel in the event of an emergency. This release extends to any liability arising out of or connected with the medical treatment and transportation of me, or the failure to treat or transport me, in the event of an emergency.
Despite the fact that EMS (CPR, AED, etc) may not be available when I use the facility, I hereby determine to proceed to engage in exercise activity at the Club, fully knowing and appreciating the potential risks arising from the non-use of EMS should I suffer an event which would be responsive to their use. Realizing that exercise activities in unsupervised/unmonitored settings increase the risks to me related to the occurrence of adverse events and the provision of timely emergency response, I have determined to engage in such activity anyway without supervision and/or real time monitoring. I assume all the additional risks related thereto including the possibility of injury, enhanced injury, greater/more severe injury, or even death, and hereby release, discharge and acquit the facility and all of its directors, officers, employees and agents from any claims or causes of action related to my use of the facility, its equipment, and the lack of emergency response or timely emergency response to me if I would need same at which is related to the ordinary negligence of those released hereby or anyone else. I hereby expressly assume all such risks.
Governing Law
This Agreement shall be interpreted according to the laws of the State of Massachusetts. If any part of this Agreement should ever be determined by a court of final jurisdiction to be invalid, the remaining portions hereof shall be deemed to be valid and enforceable. I further agree that any claims or causes of action which arise out of this agreement shall be instituted and litigated only in the state courts of Suffolk County, Massachusetts.
Acknowledgment & Indemnification
I have read and retained a completed copy of this Agreement and any Rules and Regulations of the Club which are incorporated herein by reference. I agree to be bound by the terms and conditions of this Agreement and the Rules and Regulations of the Club, as same exist or as same may be amended from time to time hereafter. This Agreement shall be binding upon me and my spouse, my heirs, my estate, my executors, my administrators and my successors and/or assigns. I realize that this Agreement is designed to prevent me and/or them from filing any personal injury or other lawsuit based upon the inherent risks of my voluntary participation at the Club or the ordinary negligence, including negligent battery, or even negligent wrongful death, loss of consortium or any other similar lawsuit arising out of any injury to me which I or they may possess hereafter. I affirm that I understand that I am relinquishing substantial legal rights, including the right of financial recovery for injury. I also affirm that I am voluntarily signing this Agreement and that this Agreement supersedes any and all previous oral or written promises or agreements I had with the Club. The undersigned, on behalf of myself and my heirs, executors, administrators, successors and assigns hereby agree to indemnify and defend the Club and all those hereby released and to hold and save them absolutely harmless if anyone, including the undersigned, should hereafter file suit against the Club or those released hereby for any matter intended to be released by this Agreement. I will reimburse the Club for all costs, expenses, and fees, including attorney fees, legal costs, court costs, and investigative costs incurred by the Club or its personnel by reason of any such action.