RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
IN CONSIDERATION OF BEING PERMITTED TO USE THE FACILITIES AT AND/OR BEING A MEMBER OF THE SAMUEL AND ALTHEA STROUM JEWISH COMMUNITY CENTER OF GREATER SEATTLE (THE “SJCC”) AND FOR THE UNDERSIGNED (AND THE UNDERSIGNED’S MINOR CHILDREN, IF ANY) BEING PERMITTED TO UTILIZE THE FACILITIES, INCLUDING, WITHOUT LIMITATION, THE MERCER ISLAND LOCATION’S POOL, GYMS, FITNESS CENTER, ITS SIDEWALKS, PARKING AREAS, ACCESS AREAS AND OUTDOOR FACILITIES AND THE FACILITIES OF THE SJCC LOCATED ELSEWHERE, AND BEING PERMITTED TO UTILIZE THE SERVICES AND PROGRAMS OF THE SJCC, WHETHER ON-SITE OR OFF-SITE, THE UNDERSIGNED, FOR HIMSELF OR HERSELF AND SUCH PARTICIPATING CHILDREN HEREBY ACKNOWLEDGES AND AGREES TO THE FOLLOWING:
1. THE UNDERSIGNED ON HIS OR HER BEHALF AND BEHALF OF SUCH CHILDREN, HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the SJCC, its directors, officers, employees, and agents (hereinafter referred to as the "Releasees") from all liability to the undersigned and to such children and the personal representatives, heirs and next of kin of the undersigned and such children, for any loss or damage, and any claim or demands therefore on account of injury to the person or property, even those resulting in death of the undersigned or such children, whether caused by the negligence of the Releasees or otherwise, while the undersigned or such children are in, upon, or about the premises or any facilities or equipment therein or participating in any service or program affiliated with the SJCC. The agreements in this paragraph and those in the next two paragraphs are given with the understanding that the risk of injury and damage exists in many forms with the following being only some of them: being in contact with others; the sudden and unforeseen malfunctioning of equipment; use of play areas or play equipment; a person’s reaction to exercise, instructions, foods and drinks, dietary recommendations and the like; slipping and falling whether on flat surfaces, uneven surfaces, wet areas (such as around the pool and in locker rooms) and stairs; drowning or near drowning in the pool; the effects of the weather and/or temperature indoors or outdoors; and the effects of natural disasters. The undersigned expressly acknowledges that it is the undersigned’s responsibility to obtain a physician’s release statement and provide the same to the SJCC if the undersigned and/or the undersigned’s child has any physical or mental condition that may impair the undersigned’s or such child’s ability to engage in any of the SJCC’s services, programs or activities or increase the risk of injury to the undersigned or such child.
2. THE UNDERSIGNED HEREBY INDEMNIFIES AND AGREES TO HOLD HARMLESS the Releasees and each of them from any, loss, liability, damage or cost they may incur due to the presence of the undersigned or such children in, upon or about the SJCC premises or in any way observing or using any facilities or equipment of the SJCC’S or participating in any service or program affiliated with the SJCC whether caused by the negligence of the Releasees or otherwise.
3. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH AND PROPERTY DAMAGE to the undersigned, such children, the property of the undersigned and the property of the undersigned’s children due to negligence of Releasees or otherwise while in, about or upon the premises of the SJCC and/or while using the premises or any facilities or equipment thereon or participating in any service or program affiliated with the SJCC.
THE UNDERSIGNED further expressly agrees that the three foregoing sections and the introductory paragraph thereto are intended to be as broad and inclusive as is permitted by the law of the State of Washington and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements or inducement apart from the foregoing written agreement have been made.