This Membership Agreement ("Agreement") is made and entered into by and between the Member stated below and Results Fitness, Inc., a Wisconsin corporation, d/b/a "Highland Fitness" (‘Club") as of the date stated below. As used in this Parental Consent & Waiver form, the term, "Member" also includes parent or legal guardian. As used in this Agreement, the term, "Associate Members" refers to all additional individuals using Member's membership, including minor child (ren) and other family members on a dual and family membership, and guest(s) of a Member. Highland Fitness locations include 2221 Eastridge Center, Eau Claire, WI 54701 & 2405 Folsom St., Eau Claire, WI 54703.
WAIVER AND RELEASE OF LIABILITY: The Club urges Member and Associate Members to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise class. Member assumes sole responsibility for all Associate Members. All exercises, including the use of weights and use of any and all machinery, equipment, and apparatus designed for exercising by Member and all Associate Members, shall be at the Member's and Associate Member's sole risk. Member agrees that if Member or Associate Members engage in any physical exercise, activity, or use any club amenity on the premises or off premises including any Club-sponsored event, Member and Associate Members do so entirely at their own risk. Member understands that the agreement to use, or selection of exercise programs, methods and types of equipment shall be Member's entire responsibility, and the Club shall not be liable to Member or any Associate Members for any claims, demands, injuries, damages, or actions arising due to injury to Member's or Associate Member's person or property arising out of or in connection with the use by Member or Associate Member of the services, facilities, and premises of the Club. Member on Member's behalf and the behalf of all Associate Members hereby holds the Club and its officers, owners, agents and employees harmless from all claims which may be brought against them by Member, any Associate Member, or on Member's or any Associate Member's behalf for any such injuries or claims.
24 HOUR ACCESS WAIVER AND RELEASE: Member has agreed to purchase a membership at a facility that allows Member and Associate Members access at any time. As such, Member and Associate Members are aware that there will be no supervision or assistance. Member and Associate Members are also aware that if Member or any Associate Members are injured, become unconscious, suffer a stroke or heart attack, that there will likely be no one to respond to such an emergency and the Club has no duty to provide assistance. Even though this Club is equipped with surveillance cameras, it is likely that should Member or any Associate Members require immediate assistance, none will be provided. The Club HIGHLY recommends that Member and Associate Members have a workout partner accompany each person while at the Club, but such decision is entirely up to Member and Associate Members.
MINOR CHILD(REN) WAIVER AND RELEASE OF LIABILITY: Member understands and agrees that there are risks of significant injury to Member's minor child(ren), whether caused by the child(ren) or someone else, in their use of or presence on the Club's premises. Member, on Member's own behalf, and on behalf of each of Member's minor child(ren) and all Associate Members who are minors, agrees to release and discharge from all liability, and waive all claims, demands and actions against the Club and its owner, operators, subsidiaries, affiliates, employees, agents, vendors, and volunteers for any and all injuries, harms, or damages sustained by any of the Member's child(ren) and any Associate Members who are minors in connection with their use or presence on the premises, or their use of facilities, equipment, services, programs or activities within or outside the Club. Member agrees to defend, indemnify and hold the Club harmless against any and all claims brought by anyone against the Club related to such injuries, harms or damages.
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