I, (“Student”) understand that Beacon College offers access to certain recreational facilities on its premises, including The Oasis, which includes a pool, basketball court, volleyball court, and bocce ball court, the Juan and Lisa Jones Fitness and Athletics Center, which includes a fully-equipped gym, and the Jack Jones Athletic Field (collectively with all of their equipment, these are referred to as the “facilities”) for students’ voluntary use. I understand that I must follow Beacon College’s rules and regulations regarding the use of the facilities and that I may only use the facilities during authorized hours. As a condition of using the facilities for exercise, swimming, basketball, volleyball, bocce ball, or any other related or recreational activities, I have read the following Release Agreement (“Agreement”) and agree to its terms.
I understand that using the facilities entails inherent risks of physical injury. I acknowledge that I will undertake the use of the facilities at my sole risk. I also understand that whether a lifeguard is on duty or not, any decision to use the pool is made at my own risk. I have been given the chance to ask questions about the use of the facilities and any questions have been answered to my satisfaction. I am fully aware of the risks and hazards associated with the use of the facilities, including, but not limited to the risk of drowning, falling, slipping, muscular or skeletal injuries, bruises, scrapes, cuts, lacerations, heart attacks, concussions, heat prostration, and any other illnesses, soreness, and injuries. I elect to voluntarily use the facilities. I assume full responsibility for any risks of loss, property damage, personal injury, or wrongful death that I may sustain by using the facilities.
In consideration for Beacon College permitting me to use the facilities, I agree to hold Beacon College and its affiliates, subsidiaries, or other parent or related companies, and all of their respective officers, directors, trustees, shareholders, owners, managers, employees, staff, volunteers, and their successors and assigns, harmless from any injury, loss, or damage relating in any way to my presence in or use of the facilities, whether such injury, loss, or damage results from willful or negligent acts or omissions of Beacon College or its agents, and further and with full knowledge of the consequences (i.e., that I am waiving my right to sue) expressly waive any and all liability on the part of Beacon College from my use of the facilities. I knowingly and voluntarily waive, to the fullest extent permitted by law, the benefits of any statute, law, rule, or common law which may limit the scope of this Agreement.
I warrant that I am in a physical condition that will allow me to participate fully and safely in swimming, exercise, and other activities within the facilities. I understand that Beacon College has not made, and will not make, any investigation into my physical fitness or ability to swim, dive, exercise, walk, run, jump, sprint, or otherwise use the facilities, and Beacon College is relying on my warranty of my physical condition. I assume full responsibility for payment of medical expenses not covered by my insurance incurred as a result of my use of the facilities.
I grant Beacon College permission to authorize emergency medical treatment as it or its employees or agents deem appropriate and agree that such authorization shall be subject to the terms of this Agreement. I understand and agree that Beacon College assumes no responsibility for such injury or damage that might arise out of or in connection with such authorized emergency medical treatment.
It is my express intent that this Agreement bind the members of my family and spouse (if any), my estate, heirs, and assigns, and that any claims I have released may not be brought by any other person on my behalf or for the benefit of my estate, heirs, or assigns. I agree that any claim arising out of the use of Beacon College’s facilities shall be construed in accordance with the laws of the state of Florida. If I am at least 18 years old, I affirm that I am signing this agreement solely and freely. I further affirm that I am not under the influence of alcohol or drugs or under any duress. If I am under 18 years of age or otherwise under the care of a legal guardian, I will also obtain the signature of my parent or guardian. I have read this form and fully understand that by signing this Agreement, I am fully and freely giving up legal rights or remedies which may be available to me. I understand that this Agreement is a binding legal document.