FITNESS FACILITIES RELEASE AND WAIVERS OF ALL LIABILITY
The undersigned is the Patron or the legal guardian or caretaker (including without limitation family friends) (collectively, “Patron’s Representative) of the Patron who desires to use some or all of the fitness facilities within the SaddleBrooke Homeowners’ Association No. 2, Inc., residential community, including without limitation fitness facilities (collectively “Facilities”) where group fitness training programs and classes may be held and personal fitness trainers/instructors may be provided for a fee to assist Patron (collectively, “Trainers”) and which Facilities are controlled by SaddleBrooke Homeowners’ Association No. 2, Inc., an Arizona nonprofit corporation (“HOA Two”), and which Trainers are employed or contracted by HOA Two, and executes this instrument voluntarily in recognition of the following facts and intentions:
A. Patron or Patron’s Representative acknowledges that he/she is aware of the inherent risks associated with fitness activities, is willing and able to accept full responsibility for his/her own safety and welfare and represents to HOA Two, as the operator of the Facilities that he/she has the skills health and experience with and knowledge in order to use the Facilities whether with or without the assistance of Trainers reasonably and safely.
B. HOA Two is willing to permit Patron to use the Facilities and to receive assistance from Trainers for a fee, in significant part, based upon the execution and delivery to HOA Two of this instrument by Patron or Patron’s Representative.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Patron or Patron’s Representative agrees:
1. Incorporation of Recitals. The foregoing recitals of fact and intention are true and correct and constitute an integral part of this instrument.
2. Release and Waiver of Liability. Patron or Patron’s Representative, for himself/herself, and other persons for whom Patron or Patron’s Representative may be responsible hereby waives and releases HOA Two and its members, directors, officers, employees, representatives and agents from and against any and all liability, claims, expenses, damages or injuries that may be suffered or incurred by Patron during the use of the Facilities by Patron whether with or without the assistance of Trainers and/or incurred or suffered or the persons for whom Patron’s Representative is responsible arising out of the use of the Facilities by Patron or such person(s) whether with or without the assistance of Trainers; provided that such liability waiver and release concerning the use of the Facilities by Patron or such person(s) shall not apply to the extent that HOA Two shall be grossly negligent or commit willful wanton or intentional acts or omissions or, if Patron or such person(s) obtains the assistance of a Trainer who is an employee of HOA Two, to the extent that such generality of the foregoing, Patron or Patron’s Representative acknowledges that Patron may be injured during the use of the Facilities whether with or without the assistance of Trainers.
3. Voluntary Execution. Patron or Patron’s Representative executes this instrument voluntarily, after having full opportunity to review it with counsel of his/her own choosing. Execution of this instrument is a condition to use of the Facilities. If a Patron or Patron’s Representative refuses to sign this instrument, he/she voluntarily is choosing not to use the Facilities.