GUEST WAIVER
This Waiver concerns the below-mentioned guests (“Guest”) voluntary participation in any physical activity or exercise program, conducted in, on, around, about, or outside of the JCC MetroWest Fitness Center, including the indoor health center, the aerobics facility, and the pool (collectively, the “Center”), and voluntary use of exercise equipment and/or participation in any exercise activities led by Center representatives (collectively, “Exercise Activities“). With respect to any Exercise Activities, the Guest understands that there are potential health risks associated with activities requiring physical exertion, including but not limited to, transient dizziness, fainting, nausea, muscle cramping, musculoskeletal injury, sprains and strains, heart attack, stroke, or death, and exposure to germs, viruses, and infectious diseases (e.g., COVID-19). Guest hereby assumes full responsibility for any and all injuries, illnesses, and other damages Guest may incur from Guest’s participation in Exercise Activities.
Guest certifies that he/she is capable of performing physical exercise and acknowledges he/she is voluntarily participating in the Exercise Activities with knowledge of the potential dangers involved. Guest understands that he/she will be fully responsible for complying with any restrictions prescribed for Guest by his/her personal physician as well as any health and safety requirements imposed by the Center, including but not limited to wearing masks or other personal protective equipment. Guest agrees to review any physician-prescribed personal wellness program with his/her physician prior to commencing exercise.
Guest further understands that Center staff will not be monitoring his/her individual participation of the Exercise Activities. Guest understands that Center staff are not medical professionals, and have received training in physical activity programming for healthy individuals, who do not require exercise in a medically supervised environment. If Guest experiences injury, dizziness, fainting, nausea, muscle cramping or any other symptoms while participating in Exercise Activities, Guest will discontinue the activity and will notify Center staff and Guest’s physician.
In consideration of being permitted to participate in the Exercise Activities, Guest hereby agrees that the Released Parties (as defined below) shall not be liable for any damages, injury, death, or other loss, including personal or physical loss, and any loss or theft of personal property, Guest may experience while participating in the Exercise Activities (collectively, “Damages”). By executing this Guest Waiver, Guest assumes full responsibility for all Damages Guest may incur, and Guest further agrees, on behalf of himself/herself and Guest’s respective heirs, executors, administrators, and assigns, to discharge and release, fully and forever, the Released Parties, and to waive and forego any claims, demands, damages, rights of action, or causes of action of any kind, present or future, whether known or unknown, anticipated or unanticipated, regarding Damages resulting from or arising out of or related to Guest’s participation in the Exercise Activities (“Claims”), which Guest, or his/her heirs, executors, administrators, and assigns, may have against any of the Released Parties. For purposes of this Agreement, “Released Parties” shall include the Center and JCC MetroWest, and their respective subsidiaries, affiliates, directors, officers, employees, agents, contractors, Board members, volunteers, donors, sponsors, other participants, successors, assigns and all others associated with the Center.
Authorization for Emergency Care - In the event of an emergency or non-emergency situation requiring medical or dental treatment, Guest hereby grants permission for any and all medical and dental care to be administered to him/her, until such time as the designated emergency contact can be contacted and is able to respond. This permission includes but is not limited to, the administration of first aid, the use of an ambulance, and the administration of anesthesia and/or surgery under the recommendation and supervision of qualified medical personnel. Guest further authorizes the Center to release his/her personal information necessary for medical or insurance purposes. Guest agrees to release the Center from any and all liability for medical or dental care rendered and understands that Guest is responsible for all medical or dental expenses incurred for such care.
Use of Likeness – The Center reserves the right to take photography, video, and other electronic recordings, of any/all participants in all programs and activities, including all Exercise Activities, and use such materials for advertising and publicity purposes. Guest hereby consents to the taking of photography, video, and other electronic recordings, and acknowledges that he/she will not be compensated in any manner, for any use of such photography, video, and other electronic recordings by the Center, regardless of whether such materials contain any likeness of Guest.
Binding Nature of Waiver - This Guest Waiver shall be binding upon Guest’s heirs, spouse, civil union partner or domestic partner, or other next of kin, executor, administrators, successors and assigns. It is Guest’s intent to give full legal validity to this Guest Waiver and affirmation and should any part thereof be deemed to be invalid, to give full legal effect to the balance thereof.
Denial of Access - Guest understands that the Center reserves the right at any time to deny Guest’s participation and use of the Center for failure to comply with the terms of this Guest Waiver or with any of the Rules and Regulations adopted by the Center (including those listed below) or for any conduct the Center determines, in its sole and absolute discretion, to be improper or in any way contrary to the best interest of the Center and its membership.
Enforceability - If any provision of this Agreement or any supplement hereto is ruled invalid or unenforceable as applied to any person or circumstance, all other provisions of this Agreement shall remain fully valid and enforceable as applied to all other persons and circumstances to the fullest extent permitted by law.
Modification - No provision(s) of this Agreement may be modified, waived or terminated except by an instrument in writing signed by the party against whom such modification, waiver or termination is to be enforced. Modifications or additions to the pre-printed terms of this Agreement, other than the completion of existing blanks, are unauthorized and will not be honored by the Center.
Force Majeure - The Center shall not be liable for breach or any damages under this Agreement or otherwise if it is unable to provide services under this Agreement due to: labor disputes, strikes, picket lines, unavailability of materials, energy shortages, boycott efforts, fires, floods, extreme weather conditions, accidents, acts of war, terrorism, riots, acts of God, acts (including, but not limited to, a delay in acting or a failure to act) of government, pandemics, public health emergencies, state of emergencies declared by the State of New Jersey or federal government, or other causes which are beyond the reasonable control of the Center.
RULES AND REGULATIONS
Registration – Guest must check-in and present a Guest Pass in order to use the Center.
Damages – Guest shall pay for any damage to the Center’s property or to another person on the Center’s premises for which Guest is deemed wholly or partially responsible.
Attire - Proper attire is required for Guests using the Center. Shirts and shoes are required in all public and recreational areas except the pool. The Center may prohibit the use of any personal equipment on the premises in its sole and absolute discretion.
Personal Business – Guests may not use the Center conduct to personal business without prior written approval by an authorized representative of Center staff.
Health and Safety Requirements - The Center may require members, guests, and all participants to participate in health and safety-related training and instruction (e.g., drills), and activities, such as wiping down equipment after each use, social distancing, maintaining personal hygiene, practicing safety activities, and wearing personal protective equipment (e.g., face masks).
Amendment of Rules and Regulations - The Center may from time to time, in its sole and absolute discretion, adopt rules, regulations, and policies amending or supplementing those contained in this Agreement, and Guest will be obligated to comply with such rules, regulations, or policies.
I have read, understand, and have freely and voluntarily signed this Guest Waiver. I certify that I am at least 18 years old.