WAIVER AND RELEASE OF LIABILITY
This Waiver and Release of Liability ("Agreement") is entered into by the undersigned, on his or her own behalf, and on behalf of his or her heirs, executors, administrators, assigns, and personal representatives (collectively, “Releasor,” “I,” or “me”) for participation in physical exercise, use of fitness equipment, and other use of the facilities (“Activities”) at The Wellness Center for Hope ("Facility") operated by Hope Cancer Resources, a not-for-profit organization located in Springdale, Arkansas (“Hope Cancer Resources”).
1. Voluntary Participation and Assumption of Risk
I am voluntarily participating in the Activities at the Facility entirely at my own risk, whether supervised or unsupervised. I understand that the Activities involve risks of injury, including but not limited to physical or psychological injury, pain, suffering, illness, temporary or permanent disfigurement, or other injuries, including the risk of death. I understand that these injuries or outcomes may arise from my own or others’ actions or negligence. I understand and freely accept all risks associated with the Activities, both known and unknown, regardless of whether instruction or supervision is provided, and even if arising from the negligence of Hope Cancer Resources or others.
2. Release of Liability
In consideration for being permitted to use the Facility and participate in the Activities, I hereby release and discharge Hope Cancer Resources and its owners, affiliates, officers, directors, employees, agents, attorneys, representatives, predecessors, successors, and assigns (collectively, “Releasees”) from any and all liability, claims, demands, or causes of action that I may have now or in the future for injuries, damages, or losses arising out of or relating to my use of the Facility and/or participation in the Activities.
3. Medical Clearance
I affirm that I am in good physical condition and do not suffer from any medical or other condition which would prevent or limit my participation in the Activities. I understand that it is my responsibility to consult with a physician prior to participating in the Activities.
4. Supervision Disclaimer
I understand that Hope Cancer Resources staff may not always be present or supervising the Activities. I accept full responsibility for my actions related to the Activities and acknowledge that emergency assistance may not be immediately available.
5. Indemnification
I agree to indemnify, defend, and hold harmless Releasees against any and all claims, suits, or actions of any kind whatsoever for liability, damages, compensation, or otherwise, brought as a result of my participation in the Activities, including costs and attorney’s fees.
6. Choice of Law, Entire Agreement, Severability
I agree that this Agreement shall be governed for all purposes by Arkansas law, without regard to any conflict of law principles. This Agreement is the entire agreement between the parties with respect to the subject matter and supersedes any and all previous oral or written promises or agreements. No change, modification, amendment, or addition of or to this Agreement shall be valid unless it is in writing and signed by an authorized representative of all parties. This Agreement is binding upon and ensures to the benefit of the successors, assigns, and legal representatives of the parties. If any provision or portion of this Agreement is found to be illegal, invalid, or unenforceable, the remaining provisions or portions of the Agreement shall remain in full force and effect.