Membership

NOTE: THIS FORM MUST BE READ AND SIGNED BEFORE THE PARTICIPANT IS PERMITTED TO USE THE CLAFLIN UNIVERSITY AND THE WELLESS CENTER AND/OR TAKE PART IN ANY EXERCISE CLASS(ES) HELD BY CLAFLIN UNIVERSITY AND THE WELLESS CENTER. BY SIGNING THIS AGREEMENT, THE PARTICIPANT AFFIRMS HAVING READ AND UNDERSTOOD IT AND IS IN AGREEMENT WITH ITS CONTENTS. 

1. I RISK BODILY INJURY, INCLUDING PARALYSIS, DISMEMBERMENT, DISABILITY and DEATH, AND while particular rules, equipment, and person training and discipline may reduce this risk, THE RISK OF INJURY DOES EXIST, AS WELL AS THE RISK OF DAMAGE TO OR LOSS OF PROPERTY;

    

2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISK; both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERS;

    

3. I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual or unnecessary hazard during my presence or participation, I will bring such to the attention of the instructor or staff immediately.

    

4. I, FOR MYSELF, AND ON BEHALF OF MY HEIRS, PERSONAL REPRESENTATIVES, and NEXT OF KIN, HERBY RELEASE, HOLD HARMLESS AND PROMISE NOT TO SUE CLAFLIN UNIVERSITY AND THE WELLNESS CENTER, ITS OFFICERS, TRUSTEES, VOLUNTEERS, STAFF, SPONSORS, AND/OR AGENTS, OR THE INSTUCTOR OF THE EXERCISE CLASS (“RELEASEES”) WITH RESPECT TO ANY AND ALL INJURY AND/OR LOSS ARISING FROM MY PARTICIPATION, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, EXCEPT THAT WHICH IS THE RESULT OF GROSS NEGLIGENCE OR WANTED MISCONDUCT, TO THE FULLEST EXTENT PERMITTED BY LAW.

    

5. This Waiver and Release of Liability shall remain valid until it is expressly revoked by written notice from me to Claflin University and the Wellness Center or the termination of my membership whichever occurs first; provided however that any such revocation shall not in any manner affect the waiver and release of liability given hereunder for any acts or occurrences prior to the receipt of said written notice by Claflin University and the Wellness Center or prior to termination of my membership.

Release

In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities offered by Claflin University and the Wellness Center, I, the undersigned hereby release Claflin University and the Wellness Center, their principals, Trustees, agents, staff, sponsors, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with Claflin University and the Wellness Center to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the wellbeing of the child. 

Indemnification

The participant recognizes that there is risk involved in the types of activities offered by Oregon Fitness Center. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless Claflin University and the Wellness Center, their principals, trustees, staff, agents, employees, sponsors, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by Claflin University and the Wellness Center, at the campus buildings or abroad. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to campus buildings, and/or any area selected by Claflin University and the Wellness Center.

I have read this Release of Liability and Waiver Agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement.