Public Recreation Waiver
In consideration of being permitted by Public Recreation to participate in its activities and to use its equipment, I, for myself, my spouse, my children, my parents, my heirs, personal representatives, assigns and estate do hereby
release, waive, indemnify and discharge Public Recreation, its owners, instructors, officers, employees, agents and affiliates from liability from any and all claims, including any liability for claims of negligence, resulting in any physical or psychological injury (including paralysis or death), illness, damages, property damage, or economic or emotional loss I may suffer because of my participation in Public Recreation's activities, including travel to and from Public Recreation's activities.
By signing this document, I acknowledge that I have voluntarily chosen to participate in a program of progressive physical exercise. In signing this document, I acknowledge being aware of the strenuous nature of the program and the potential for unusual but possible physical harm. Participating in Public Recreation's activities carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The specific risks include, but are not limited to (1) minor injuries including scratches, bruises and sprains (2) major injuries including abnormal blood pressure, fainting, heart attack, joint or back or neck injuries (3) catastrophic injuries including paralysis or death. I have read the previous paragraphs, and I know, understand and appreciate these and other risks that are inherent in Public Recreation's activities. I hereby assert that my participation is voluntary and that I knowingly assume all such risks. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in Public Recreation's activities. I represent and warrant that I have no health conditions that would prevent me from participating in Public Recreation's activities, and I have notified Public Recreation of any and all health issues, conditions, injuries, and medications that may affect my participation in Public Recreation's activities. By signing this document, I acknowledge that I am in good health and that I have no condition, which would be worsened by participation in Public Recreation. Further, I warrant that should I develop a health condition which could be aggravated by participation in this program, that I will immediately notify my instructor such condition. By signing this document, I assume all risks for my health and well-being and hold harmless of any responsibility Public Recreation, its owners, instructors, officers, employees, agents and affiliates, or any other persons involved with this program and all included procedures.
I understand that questions about exercise procedures and recommendations are encouraged and welcomed. I also agree to indemnify and hold harmless Public Recreation, its owners, instructors, officers, employees, agents and affiliates from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including but not limited to attorneys’ fees, costs, damages and judgments incurred as a result of my involvement in Public Recreation's activities and to reimburse them for any such expenses incurred. Additionally, should Public Recreation, its owners, instruc-tors, officers, employees, agents and affiliates be required to incur attorneys’ fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
The undersigned further expressly agrees that this agreement is intended to be as broad and inclusive as permitted by the laws of the State of California and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I have read and agree to Public Recreation's waiver, general release, assumption of risk and indemnity agreement. I 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 this, by my signature, to be a complete and unconditional release of all liability to the greatest extent allowed by law. I acknowledge that this agreement is:
(a) clear, unambiguous and unequivocal
(b) explicit and voluntary in my waiver, release and assumption of risk
(c) comprehensive for all lawsuits, claims, injuries and damages