This Agreement waives the liability of Bonita National Homeowner's Association, Inc. ("Association") for the undersigned to use facilities and services available through the Association, including but not limited to use of any and all equipment in the fitness center/aerobic center, whether individually, with personal training sessions or group sessions, as well as any classes attended in the entire center, fitness or aerobic. All such use of use of facilities and services shall be referred to as the "Activity."
PLEASE READ CAREFULLY AND SIGN BELOW.
1. I, the Guardian named below, and the below-named Minor, wish to participate in the Activity as noted herein.
2. We hereby agree that participation in the Activity is at our own risk. We understand that interacting with owners, residents, guests, tenants, lessors, employees or agents of the Association, or any other persons while participating in the Activity is at our own risk. We acknowledge that the Association makes no representation as to the health conditions of any such persons and if any such persons may currently have or previously been exposed to any virus, pathogen, contagion, influenza, pandemic, epidemic, or other communicable disease.
3. As a condition of participating in the Activity, we, our heirs, and assigns, expressly agree to forever discharge, waive and release the Association, its officers, directors, management, staff, and/or employees, and their heirs, successors and assigns (collectively "Released Persons") from any and all claims, demands, injuries, liabilities, actions, causes of action and from all acts of active or passive negligence on the part of the Association and Released Persons on account of any and all injuries or damages, including but not limited to bodily injury, mental injury and/or property damage from any event, mishap, accident, loss, damage or injury suffered by myself resulting from or connected with or caused by participation in the Activity.
4. We agree that we are voluntarily using these facilities and assume all risks of injury, illness, or death. The Association is not responsible for any loss of or damage to our persons or property. This Waiver and release of liability includes, without limitation, all injuries which may occur as a result of participation in the Activity.
5. The undersigned acknowledges that but for the execution of this Waiver and release that the Association would not agree to permit my participation in an Activity. Further, the undersigned acknowledges that the execution of this Waiver and release is specific consideration for participation in the Activity. This Waiver and the provisions contained herein shall be construed, controlled, and interpreted in accordance with the laws of the State of Florida. Venue for any dispute arising as a result of this Waiver shall be Lee County, Florida. If any portion of this Waiver shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this Waiver and release from liability shall remain in full force and effect and the offending provision or provisions severed.
NOTICE TO THE MINOR CHILD'S GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE ASSOCIATION USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM THE ASSOCIATION IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOUHAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE ASSOCIATION HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.