PLEASE READ CAREFULLY AND ACKNOWLEDGE BELOW:
1. I, the applicant signing below wish either for myself or my child (if applicable) to utilize the property, facilities, including but not limited to the swimming pool, tennis courts, grass areas, pool deck, diving board, parking lot, clubhouse, equipment, programs, and services of the Winchester Swim and Tennis Club, Inc. (“WSTC”),
2. Assumption of Risks: Swimming, tennis and physical activity, by its very nature, carry with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks vary from one activity to another, but the risks range from minor injuries such as scratches, bruises, and sprains to catastrophic injuries resulting in paralysis or death. I know, understand, and appreciate that these and other risks are inherent in the activities made possible by WSTC. I hereby assert that my participation in these activities is voluntary, and that I knowingly assume all such risks for myself and my child (if applicable).
As a condition of my and my child’s (if applicable) use of the WSTC, its services, facilities, and/or programs. I on behalf of myself, my heirs and assigns and on behalf of my child (if applicable) expressly agree to forever discharge, waive and release WSTC, its Officers, Directors, management, staff, employees and/or independent contractors, subcontractors, suppliers, insurers, agents and their successors and assigns from any and all claims, demands, injuries, damages, actions, or courses of action, and from all acts of negligence on the part of WSTC , its officers, directors, management, staff, servants, agents, employees and/or independent contractors that I or my child (if applicable) may have or acquire against WSTC, its Officers, Directors, management, staff, employees and/or independent contractors, subcontractors, suppliers, insurers, agents and their successors and resulting in bodily injury, mental injury and/or property damage from, any mishap, accident, loss, damage or injury suffered by my child (if applicable) or myself or others resulting from or connected with or caused by the use of the WSTC, its services, facilities, and/or programs, whether located on or off the WSTC premises, including, but not limited to any injury resulting from mechanical defects or failure of any equipment or devices used in such services, programs, swimming pool or facilities.
3. Indemnification and Hold Harmless: I and on behalf any minor children of which I am the parent or guardian also agree to indemnify, hold harmless, and defend WSTC, its employees, directors, officers, volunteers, representatives, and agents from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, which arises from including but not limited to, my traveling to and from the WSTC facility, its swim meets, tennis matches, participation in activities, swim team, swim classes, tennis team, tennis lessons, clinics, tennis team matches, special events, parties, and use of facilities, premises or equipment.
4. I declare and certify that I and my child (if applicable) are both physically fit, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in WSTC activities and use of the facilities.
5. I agree that I and my child (if applicable) will abide by all the rules and regulations of the WSTC, which may be posted at the WSTC, or issued orally and/or published in the Member’s Handbook. These rules may be amended at the Club’s discretion. I agree that I and my child (if applicable) will not engage in behavior injurious to the enjoyment of the club by other Members or Guests. I understand and agree that my and my child’s (if applicable) use of the WSTC may be immediately terminated if my (or their) behavior is not in accordance with the above.
ACKNOWLEDGMENT OF UNDERSTANDING: I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THE AGREEMENT FREELY AND VOLUNTARILY, AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL WAIVER AND RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.