24/7 Access Member Release and Waiver:
In consideration for being allowed to participate in the Osage Prairie YMCA 24/7 Access program, I, the undersigned Participant, assume full and complete responsibility for any injury of any kind whatsoever, whether foreseen or unforeseen, which may occur while I am traveling to or from the Osage Prairie YMCA (hereafter referred to as “the premises”), during use of the premises, or while I am on the property of the Osage Prairie YMCA. I acknowledge and agree that participation in the 24/7 Access program comes with inherent risks, including but not limited to (1) slips, trips, and falls, and (2) athletic injuries. I further acknowledge and agree that the Osage Prairie YMCA does not provide staff for the 24/7 Access program and that in the event of any emergency, including medical or criminal, I am to contact 911. Further, I, for myself, my heirs, next of kin, and executors, hereby waive, release, and forever discharge the Osage Prairie YMCA, its board of directors, employees, agents, volunteers, and all other persons associated with the premises (hereinafter the “Released Parties”) from any and all liabilities, claims, actions, inactions, or damages that I may have against them arising out of or in any way connected with my use of the premises or presence on the property of the Released Parties.
Participant assumes full responsibility for any injuries or damages that may occur to Participant and agrees that the Released Parties shall not be liable for any loss or theft of personal property while using the premises or on the property. Participant further agrees that the Released Parties shall not be responsible for any personal injuries, death, damages, loss, or theft of personal property suffered by the Participant EVEN IN THE EVENT OF NEGLIGENCE OR FAULT OF THE RELEASED PARTIES, whether such negligence is present at the signing of this release and waiver of takes place in the future. This release and waiver will survive expiration, lapse, or other termination of the 24/7 access program, and releases and waives all claims that accrue or may accrue to Participant or any other person who may accrue a claim through Participant.
I agree to indemnify, save, and hold harmless the Released Parties from and against any loss, liability, damage, attorneys’ fees, or cost that they may incur arising out of or in any way connected with my use of the premises, presence on the property of the Released Parties, or any acts or omissions of the Released Parties.
I agree that this release and waiver is intended to be as broad and inclusive as permitted by law of Missouri and that if any portion of the release and waiver is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I further agree that this release and waiver shall be governed by and interpreted in accordance with the laws of Missouri, and the Circuit Court of Vernon County, Missouri shall be the exclusive venue for any and all disputes relating to or arising from this release and waiver.
I agree that this release and waiver is the entire agreement between the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this release and waiver shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties. The covenants and obligations herein contained are the full and complete terms of this release and waiver, and no alteration, amendments, or changes to such terms shall be binding unless first reduced to writing and signed by parties.