Venue Guest Waiver
PLEASE READ CAREFULLY BEFORE SIGNING. YOU ARE WAIVING CERTAIN
LEGAL RIGHTS. THEY INCLUDE, WITHOUT LIMITATION, THE WAIVER OF CLAIMS,
ASSUMPTION OF RISK, INDEMNIFICATION AND LIMITATION OF LIABILITY AND
DAMAGES, ARBITRATION, AND WAIVER OF CLASS ACTION AND JURY RIGHTS.
Waiver of Claims, Assumption of Risk, Indemnification and Limitation of Liability and
Damages: I represent and warrant that I am at least 18 years old or a legal
parent/guardian assumes risk on the minor’s behalf.
I acknowledge that using and participating in activities offered at the facilities at the
MHS 2027 Grad Night Venue ("Club Facilities"), or other facilities or locations used for
its activities (“Non-Club Facilities”) involves a risk of injury, whether caused by “The
Venue” (defined as the operator of a private athletic club facility hosting the MHS 2027 Grad Night event in Oregon, whose identity is known to event organizers and may be disclosed as required for legal, insurance, or enforcement purposes) myself, a member or guest, or a third party. Specific risks, inherent and otherwise, vary from one activity toanother and the risks range from minor injuries, such as cuts or bruises, to major injuries, such as concussions or broken bones, to catastrophic injuries, such as permanent disability or death. There are potential risks that may presently be unknownor unforeseeable. Without limitation, injuries may result from slippery surfaces, equipment malfunction, improper maintenance, inadequate supervision, poor training,failure to warn, and other causes within and outside the control of The Venue.
I acknowledge The Venue has no duty to monitor or supervise or provide training for my or Additional Guests’ (defined below) visits to Club Facilities or Non-Club Facilities, or
the use of equipment, machines, pools, whirlpools, saunas, steam rooms, courts and
other amenities at Club Facilities or Non-Club Facilities. I acknowledge the actual or
potential presence of pathogens, including, without limitation, viruses, bacteria, fungi,
and parasites (collectively, “Pathogens”) within, on, and around Club Facilities or Non-
Club Facilities, and that using and participating in the activities offered at Club Facilities or Non-Club Facilities involves a risk of exposure to and harm from Pathogens and resulting communicable diseases, whether caused by or originating from The Venue, a member or guest, or someone else. I acknowledge and agree The Venue cannot prevent me, members, Additional Guests, my spouse, domestic partner, children, or relatives from being exposed to, contracting or spreading Pathogens or diseases caused by Pathogens while utilizing and participating in such activities offered at ClubFacilities or Non-Club Facilities.
In consideration of the right to enter into and participate in the activities offered at Club Facilities or Non-Club Facilities, I understand and voluntarily assume and accept all of these risks, on behalf of myself and any other guests accompanying me or on whose behalf this Guest Waiver is being submitted (including any related minor children under the age of 18 (“Minor”)) (collectively, "Additional Guests"), and agree that The Venue, its corporate affiliates, and their respective owners, officers, directors, members, managers, employees, volunteers, agents and independent contractors (collectively, the "Released Parties," including, without limitation, the owner and operator of the facility described above and their respective parents, subsidiaries and affiliates) will not be liable for any injury (personal, bodily or mental) or death, economic loss or any property damage to me or any Additional Guests, or our respective spouses, domestic partners, children, or relatives, arising out of or relating to the negligence, gross negligence, strict liability or willful misconduct of the Released Parties and/or any third party, whether or not such injury, death, economic loss or damage is related to exercise.
I understand and acknowledge that The Venue (i) does not manufacture fitness or other equipment at Club Facilities or Non-Club Facilities, but purchases and/or leases the equipment; and (ii) is providing recreational services and shall not be liable for defective products. I agree that all use of Club's Facilities, equipment, machines, pools, whirlpools, saunas, steam rooms, courts and other amenities, all use of Non-Club Facilities and their respective equipment, machines and other amenities, and any transportation provided by The Venue, is undertaken by me and any Additional Guests at our own risk. Activities can range in difficulty level and I attest that any Additional Guests and I are aware of the difficulty level and physically, mentally and emotionally capable of engaging in the activities.
I understand and acknowledge that, during aquatic activities involving Minor and/or non-proficient Additional Guests, I or a supervising adult Additional Guest must always (1)be within arm’s reach of non-proficient swimmers and (2) maintain sight of proficient Minor swimmers. I and Additional Guests will not rely on The Venue lifeguards or staff for my own safety or any Additional Guest’s safety involved in aquatic or other activities.
I acknowledge that The Venue is under no obligation to monitor or supervise, or
otherwise ensure the safety of, me or any Additional Guests engaged in any activity
within or outside Club Facilities. I must always exercise due care and caution and
directly supervise, and ensure the safety of, myself and Additional Guests at all times.
In the event that a claim, demand or lawsuit for injury (personal, bodily or mental) or
death, economic loss or property damage arising out of or relating to the negligence,
gross negligence, strict liability or willful misconduct of the Released Parties and/or any third party is made by me or any Additional Guests, I shall defend, indemnify and hold harmless (that is, defend and pay, including costs and attorneys’ fees) the Released Parties from and against such claim, demand, or lawsuit. I shall also defend, indemnify and hold harmless the Released Parties from and against any claim, demand or lawsuit arising out of or relating to any injury (personal, bodily or mental) or death, economic loss, or property damage involving the negligence, gross negligence, strict liability or willful misconduct of me or any Additional Guests.
I consent to The Venue securing and/or providing any and all medical care for me and
any Additional Guests in the event of emergency (including transportation to an
emergency medical care facility via ambulance or other emergency transport), and
accept financial responsibility if such care is given. In connection with my financial
responsibility, I represent and warrant that I have adequate insurance, or the financial ability to otherwise cover, the costs associated with any injury or damage I or Additional Guests may suffer while using and participating in activities offered at Club Facilities or Non-Club Facilities, as well as the securing and provision of any and all medical care for me and Additional Guests in the event of emergency.
Club Rules: The Club Rules (as amended, revised, or supplemented by The Venue at
any time in its sole discretion) are available on The Venue’s website, which can be
made available upon request to event organizers or participants. I acknowledge and
understand the Club Rules, and agree that I and any Additional Guests will comply with them at all times.
Physical Exam: I acknowledge that any Additional Guests and I are urged to obtain a
physical examination from a qualified medical professional and appropriate instruction
from trained personnel before using any equipment, machines, pools, whirlpools,
saunas, steam rooms, courts or other amenities, or participating in any exercise class or other Club Facility activity, whether at Club Facilities or otherwise.
Property Damage: I agree that The Venue is not responsible or liable to me or any
Additional Guests for any property damaged, lost or stolen in or about Club Facilities,
including the lockers and parking areas, or Non-Club Facilities. I agree that valuable
items will not be stored in lockers or automobiles, and to use the lockers solely for
temporary clothing storage. I am financially responsible for any damage to Club Facility property caused by me or any Additional Guests and shall reimburse The Venue for such cost upon demand. Notwithstanding any other term or provision of this Guest Waiver, under no circumstances shall The Venue be liable to me or any Additional Guest for any indirect, consequential, special or incidental damages. In the event
liability is imposed on The Venue for property damage, loss or theft, the amount
awarded shall not exceed $500. References to “The Venue” in this Section include the
facility owner and operator described above, whether or not publicly identified herein.
Consent to Use and Ownership of Photographs: I authorize The Venue to photograph or film me and any Additional Guests and consent to the use of the likeness and images of me and any Additional Guests in all publications, educational materials, marketing materials, websites, advertising and brochures. I understand and agree that all such images and recordings shall become the sole property of The Venue. I further agree that The Venue does not owe me or any Additional Guests any compensation for the use of such likeness.
Release of Liability for Minors’ Claims: On behalf of any Minor, I assume and accept all
risks of injury or loss to myself or any such Minor. I waive and release, and agree to
defend, indemnify and hold harmless, the Released Parties from and against any and
all claims, demands and lawsuits that each Minor and/or I, including our respective
spouses, domestic partners, heirs, assigns and next of kin, may have against the
Released Parties for injury (personal, bodily or mental) or death, economic loss, or
property damage arising out of or relating to the negligence, gross negligence, strict
liability or willful misconduct of the Released Parties and/or any third party. I represent and warrant that I have the full legal authority to (i) assume and accept such risks, (ii) waive and release and agree to indemnify, defend and hold harmless the Released Parties from such claims, demands and lawsuits; and (iii) act for and on behalf of each Minor. I acknowledge explaining the above activities and risks to any Minors with the mental capacity to understand, and such Minors wish to participate in the activities and assume the risks. I agree to the terms and conditions of this Guest Waiver for and on behalf of each Minor and agree to bind myself, each Minor and any heirs, next of kin, assigns or personal representatives to such terms and conditions. I agree to defend, indemnify and hold harmless the Released Parties for any expenses, claims or liabilities that may arise out of or result from any insufficiency regarding my representations with respect to such full legal authority.
Arbitration: Any dispute, claim or controversy (each, a “dispute”) arising out of or relating to my relationship as a The Venue guest or this Guest Waiver, or the breach,
enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, I agree to submit the dispute to binding arbitration for resolution. Arbitration means that neither I nor The Venue can sue the other in court and that a neutral arbitrator will decide the dispute, not a judge or jury. This arbitration provision is governed by the Federal Arbitration Act. Arbitration shall be determined in the state of the club where I registered as a guest, which shall be deemed to be the state in which the event occurs (Oregon), the dispute shall be tendered to the Judicial Arbitration and Mediation Services Organization (“JAMS”) office nearest to that same club before one arbitrator, and administered by JAMS. Unless mandated by applicable law, each party shall bear his or her or its own attorneys’ fees and costs. If it is determined by the arbitrator or a court that any part of the dispute is not subject to
arbitration, the parties acknowledge, agree and stipulate that the part of the dispute that is not subject to arbitration shall be stayed pending resolution of the arbitration. The arbitration award shall be binding, complete and final, with no right of appeal. The arbitrator shall have the express right and discretion to fashion injunctive or any other form of equitable relief but not the right or discretion to award any indirect, consequential, special, or incidental damages. The parties agree they shall not disclose the existence, content, or result of the arbitration without the prior written consent of both parties. I also accept the above dispute resolution procedure for any dispute between any Minor and The Venue. I may opt out of this arbitration provision by notifying The Venue in writing that I do not want to resolve disputes with The Venue by arbitration. Such notice must be delivered within 90 days of the date you sign this Guest Waiver to the following address: 150 Pelican Way, San Rafael, CA 94901, Attn: Legal Dept.
Waiver of Class Action and Jury Rights: By signing this Guest Waiver, I acknowledge
and understand that I am waiving rights to a court or jury trial for all of the matters
described above. I also agree (i) that I may bring claims only in my individual capacity, and not as a plaintiff or class member in any purported class or representative
proceeding, and (ii) not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if The Venue is a party to the proceeding.
Severability: If any term or provision of this Guest Waiver, or its applications to any
persons or particular circumstances, is determined to be invalid, illegal or
unenforceable, that term or provision (or its application to those persons or
circumstances) will be deemed stricken and the remainder of this Guest Waiver (and the application of that term or provision to other persons and circumstances) will continue in full force and effect insofar as it remains a workable instrument to accomplish the intent and purposes of the parties. The stricken term or provision shall be deemed replaced by a term or provision that is valid, legal and enforceable, and that comes closest to expressing the intention of the invalid, illegal or unenforceable term or provision.
Acknowledgment: By signing this Guest Waiver, I (i) acknowledge I have read and
understand the terms and conditions of this Guest Waiver, and intend for them to apply to the fullest extent allowed by applicable law; (ii) agree to be bound by such terms and conditions, and for them to be binding upon the Additional Guests; (iii) acknowledge my use of Club Facilities, and Non-Club Facilities if applicable, and participation in the activities is purely voluntary and elected in spite of the risks; (iv) recognize that substantial legal rights are relinquished herein, including the right of financial recovery for injury or damage; (v) acknowledge this Guest Waiver may be revised or amended by The Venue at any time, and I agree to be bound by any future revisions or amendments, which shall be made without notice to me, and (vi) agree that the identity of The Venue may be disclosed as necessary to enforce this Guest Waiver or comply with applicable law or insurance requirements.