LIABILITY RELEASE
Member/Guest on behalf of self, heirs, executers, administrators and assigns, hereby acknowledges that use of Eugene Swim & Tennis Club facilities and services may be dangerous and hazardous and may involve dangerous and hazardous conditions both obvious and latent and member hereby assumes all risk to his/her person and property arising out of member’s/guest’s use hereof. EUGENE SWIM & TENNIS CLUB shall not be liable for any injury, loss, or damage to person and/or property, and member/guest, on behalf of himself/herself, his/her heirs, executors, administrators and assigns does hereby expressly forever release and discharge the Eugene Swim & Tennis Club, its successors and assigns, its operators and agents, from all such claims, demands, injuries, damages, actions and causes of action. Member/Guest further agrees to indemnify EUGENE SWIM & TENNIS CLUB for all legal expenses incurred in defending against any claim or suit brought against EUGENE SWIM & TENNIS CLUB to recover for damages sustained through accident or injury caused by member/guest. This release and indemnity agreement shall apply to any claim even if caused by negligence. The only claims not released are those based upon intentional misconduct.
This waiver and release of liability includes, without limitation, injuries which may occur as a result of: (a) your use of any exercise equipment or facilities which may malfunction or break; (b) our improper maintenance of any exercise equipment or facilities; (c) our negligent instruction or supervision; (d) you slipping and falling while in the facility or on the premises; and (e) infections/diseases both bacterial and viral including but not limited to COVID-19. This includes, without limitation, your use of the tennis courts, locker rooms, pool, spa, sport courts, playground, picnic & BBQ areas, parking area, sidewalk or any equipment in the facility and your participation in any activity, class, program or instruction.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM EUGENE SWIM & TENNIS CLUB IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AT THE EUGENE SWIM & TENNIS CLUB FACILITY OR PROGRAM AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF MINOR: I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO EUGENE SWIM & TENNIS CLUB THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).