In consideration of the opportunity to use certain of the athletic facilities of the Harvard Club of Boston (the “Club”) at times when the facilities are not staffed or supervised (the “Program”), I agree as follows:
1) I understand and acknowledge that participating in the Program may be dangerous and may involve risks which include, but are not limited to, bodily injury, partial or total disability, paralysis and death. I also recognize that there may be increased risk of such injury to myself because, among other things, no one will be present to monitor my use of the athletic facilities, to determine whether I am doing so correctly or incorrectly, to determine whether I am in distress or to provide any assistance, and I agree to assume such risk. I also understand and acknowledge that the social and economic losses or damages which can result from those risks and dangers can be severe and that not all such risks and dangers may be known or reasonably foreseeable at this time. I accept the responsibility for losses or damages resulting from all such risks and dangers involved in my participation in the Program.
2) I agree to take appropriate precautions for my own safety and that of others when participating in the Program and further agree that, before participating I will inspect the facilities and equipment to be used and will, if I believe anything is unsafe, not use such facilities or equipment and promptly advise the Club of that unsafe condition.
3) I represent that I am not aware of any medical or physical conditions that would preclude me from safely using the Club’s facilities, services and programs at times when such facilities, services and programs are not staffed or unsupervised, and that I have not been advised or instructed by any medical provider not to use such facilities, services or programs at such times or not to engage in exercise or other physical activity. I understand that a physical examination by a licensed medical provider is recommended for all individuals before engaging in exercise or other physical activity, and especially for those individuals who may be at risk, including but not limited to individuals who are elderly or pregnant, individuals unaccustomed to physical exertion, and individuals with physical limitations, a history of high blood pressure, heart problems or other chronic illnesses.
4) I hereby release, waive and discharge the Club and its officers, directors, agents, members and employees, from all liability to me and to my conservators, guardians or other legal representatives, assigns, heirs and next of kin for any and all claims, demands, losses or damages on account of any injury, death or damage to property, arising out of my participation in the program.
5) I also hereby agree to indemnity and to hold harmless from any claims or demands on account of injury, loss or damage which I may suffer as a result of participation in the Program the Club and its officers, directors, agents, members and employees.
6) I understand that this release, waiver and agreement to indemnity and hold harmless includes, but is not limited to, damages which are caused or alleged to be caused, in whole or in part by the negligence of the Club and its officers, directors, agents, members and employees.
I have read the above Agreement, Release, Indemnity and Waiver of Liability and understand that by signing it I have given up substantial rights. I sign this agreement voluntarily.