RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
In consideration of being permitted to participate in the activities and programs of the Life Long Learning and Recreation Center at Northwest Iowa Community College in Sheldon, Iowa (“LLRC”), to use any of the equipment and facilities of the LLRC, or to enter the LLRC for any other purpose, the undersigned, for himself or herself, and his or her personal representatives, spouse, heirs, next of kin, and assigns:
1. RELEASE AND WAIVER OF LIABILITY
Releases, waives, discharges, and covenants not to sue the employees, directors, officers, instructors, volunteers, representatives, and agents of the LLRC and Northwest Iowa Community College (collectively the “Releasees”) from all liability to the undersigned and his or her personal representatives, spouse, heirs, next of kin, and assigns for any claims on account of injury to the person (including death) or property of the undersigned and arising out of or related to Fitness Activities occurring at the LLRC, whether caused by the negligence of Releasees or otherwise.
2. ASSUMPTION OF RISK
Acknowledges and understands that Fitness Activities are inherently risky activities that could result in bodily injuries of varying severity (such as scrapes, bruises, concussions, sprains, broken bones, heart attacks, or paralysis) or even death, and assumes full responsibility for any risk of bodily injury or death or property damage arising out of or related to any Fitness Activities occurring at the LLRC, whether caused by the negligence of Releasees or otherwise.
Affirms that he or she has no known health problems or conditions, including (but not limited to) asthma, epilepsy, or heart problems, that would preclude him or her from participating in Fitness Activities and assumes full responsibility for monitoring his or her ability to safely engage in Fitness Activities and for obtaining medical assistance if he or she experiences a medical emergency while at the LLRC, regardless of whether any Releasees or other persons are present at the LLRC at the time of such emergency.
3. INDEMNITY AGREEMENT
Agrees to indemnify, hold harmless, and defend the Releasees from any claims, losses, liabilities, damages, attorney's fees, or other costs the Releasees may incur that arise out of or are related to the undersigned's presence at the LLRC, whether caused by the negligence of the Releasees or otherwise.
4. SCOPE AND DURATION OF AGREEMENT
Agrees that this Agreement extends to all acts of negligence of the Releasees, including (but not limited to) negligent rescue operations, emergency responses, and first aid care, and is thus intended to be as broad and inclusive as permitted by law.
Agrees that, for purposes of this Agreement, the term “Fitness Activities” shall include any and all activities that may occur in and outside the premises of the LLRC at any time, including (but not limited to) weightlifting, participation in fitness classes, use of courts, use of treadmills and stationary bicycles and all other exercise equipment and machines, warm-up and cool-down activities, entering and exiting the premises of the LLRC, and the observation of any of the foregoing.
Agrees that this Agreement shall be in effect on and after the date written below, and thus that this Agreement shall also govern the undersigned's future participation in Fitness Activities at the LLRC regardless of his or her current or future membership status.
Agrees that, if the undersigned has one or more minor children or wards under the age of eighteen who engage in Fitness Activities at the LLRC, this Agreement and all of its terms shall extend to and bind both the undersigned and his or her minor children or wards.
5. ADDITIONAL TERMS
Agrees to follow all posted rules of the LLRC and to timely inform a LLRC employee of any conduct or condition at the LLRC that may endanger the undersigned or persons present at the LLRC.
Agrees that nothing in this Agreement shall be construed to obligate the Releasees to provide the undersigned or any other patrons of the LLRC any training, instruction, or other supervision related to Fitness Activities occurring at the LLRC.
Agrees that, if any part of this Agreement is deemed invalid, the remaining terms and conditions of the Agreement shall continue in full legal force and effect.
Agrees that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Iowa, and shall be deemed to have been entered into and performable in part in S County, Iowa.
Agrees that this Agreement supersedes any and all discussions, oral or written promises, or agreements between the undersigned and the Releasees.
I have read this Agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and have signed it freely and voluntarily without any inducement, assurance, or guarantee being made to me. I intend for my printed name and initials to be a complete and unconditional release of all liability to the greatest extent allowed by law.