I hereby request permission to use Orlando Regional REALTOR® Association, Inc.’s (“ORRA”) fitness center (the “Fitness Center”) located at the ORRA’s principal place of business.  I understand that my presence in and use of the Fitness Center and the use of the equipment therein is at my own risk.

I hereby agree to the following:

1. General.  I understand that the use of the Fitness Center, particularly in light of the COVID-19 pandemic, may involve potential risk to my health and safety from being in close proximity to other persons using the Fitness Center or with respect to individuals who have previously used the Fitness Center, including other individuals who work in the same building as the Fitness Center.   I assume full responsibility for these and other dangers and risks of the Fitness Center for my use.  I acknowledge that ORRA has not made any representation of any nature whatsoever concerning the safety, suitability, of appropriateness of the Fitness Center for my use.  I acknowledge that the responsibility for determining the suitability and use of the Fitness Center remains with me.  Further, I hereby agree to abide by the Fitness Center rules and regulations provided or posted by ORRA, including any amendments to such rules and regulations.  I agree that ORRA may suspend or revoke my right to use the Fitness Center upon determining, in its sole discretion, that I have materially violated the Fitness Center rules and regulations or that I have materially breached the terms of this Waiver of Liability, Indemnity Agreement, Release and Assumption of Risk (this “Agreement”).
   
   
2. Waiver.  In consideration of permission to use the Fitness Center, today and on all future dates, I, and my heirs, personal representatives, or assigns, do hereby release, waive, discharge, and covenant not to sue or seek to hold responsible, ORRA or any of ORRA’s directors, managers, officers, employees, volunteers, independent contractors, and agents (collectively, the “Indemnitees”) for any and all claims, losses, damages, and costs and expenses (including reasonable attorneys’ fees) arising from (i) personal injury (including death) from accidents or illnesses arising from the presence, use of, or membership at the Fitness Center, including, without limitation, organized activities, classes, observation, and individual use of facilities; or (ii) any and all claims resulting from the damage to, loss of, or theft of property, related to the use of Fitness Center.
   
   
3. Indemnification and Hold Harmless.  I agree to hold harmless and indemnify Indemnitees from any and all claims, liability, damages, penalties, fines, costs and expenses (including reasonable attorneys’ fees), and other losses arising from any injury, death, or damage to persons or property, including the equipment in the Fitness Center which is attributed to my use of the Fitness Center.
   
   
4. Assumption of Risk.  Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries.  Some activities may be dehydrating and may involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction, and others involve sustained physical activity, which places stress on the cardiovascular system.  With respect to such activities, the risks include, but are not limited to: (a) minor injuries such as dehydration, scratches, bruises, and sprains; (b) major injuries such as loss of sight, joint or back injuries, concussions, and heart attacks; and (c) catastrophic injuries including paralysis and death. 
   
   
   1. By signing below, I acknowledge that I have read this section and understand the nature of the activities offered at the Fitness Center, understand the demands of those activities relative to my physical condition and skill level, and appreciate and acknowledge the types of injuries which may occur as a result of activities made possible at the Fitness Center.  I further acknowledge and understand that it is my responsibility to consult with a physician prior to and regarding my participation in such activities and represent and warrant that I am physically fit and have no medical condition that would prevent my full participation in such activities, or if such a physical condition exists, that my participation in the activities is voluntary and that I am knowingly assuming all risks.
      
      
   2. I acknowledge that I have not requested or received any express representations or warranties as to the use of the Fitness Center or the equipment or participation in the activities made possible at the Fitness Center.
      
      
   3. The agreements contained herein shall extend to any trainers and therapists that I may engage and any such persons shall be required to sign this form.
      
      
5. Severability and Venue.  I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted under the laws of the State of Florida, and that if any portion hereof is held to be invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.  Any legal action brought hereunder shall be subject to the jurisdiction of the state and federal courts located in Orange County, Florida and must be brought in such courts.
   
   
6. Acknowledgment of Understanding.  I have read this Agreement and fully understand its terms.  I understand that by signing this agreement, I am giving up substantial rights, including my right to sue Indemnitees in connection with the use of the Fitness Center.  I acknowledge that I am signing this Agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law in the State of Florida.  I further acknowledge that I am signing freely and voluntarily and intend my signature to signify a complete assumption of the inherent risks of participating in or observing recreational activities at the Fitness Center, to the greatest extent allowed by the law in the State of Florida.
   
   
7. Photo/Video Permissions. I acknowledge and grant Orlando Regional REALTOR® Association, its representatives, and its employees the right to take photography and videos of me. Photographs and videos of me may be used for any lawful purpose, including publicity, illustration, advertising, and digital content regarding association activities. If you have specific requests to be left out of promotional materials, please contact events@orlandorealtors.org.

I HAVE CAREFULLY READ THIS WAIVER OF LIABILITY, INDEMNITY AGREEMENT, RELEASE AND ASSUMPTION OF RISK FULLY AND UNDERSTAND ITS CONTENTS.  I AM AWARE THAT THIS AGREEMENT AND RELEASE WILL BE BINDING ON ME.