Emerson College Fitness Center Liability Release, Waiver, Discharge and Covenant Not to Sue
This is a legally binding Release, Waiver, Discharge and Covenant Not to Sue (collectively, “Release”), made voluntarily by me, the undersigned Releasor, on my own behalf, and on behalf of my heirs, executors, administrators, legal representatives and assigns (hereinafter collectively, “Releasor,” “I” or “me”, which terms shall also include Releasor’s parents or guardian, if Releasor is under 18 years of age) to Emerson College (“Emerson”). As the undersigned Releasor, I fully recognize that there are dangers and risks to which I may be exposed by participating in exercise activities, the use of any fitness equipment, group or solo activities, and/or other use of the fitness center facilities. (the “Activity”). As the undersigned Releasor, I understand that Emerson does not require me to participate in this Activity, but I want to do so despite the possible dangers and risks (including, without limitation, risks associated with participating in exercise activities, using weights, and using exercise equipment, etc.) and despite this Release. With informed consent, and for valuable consideration received, including the opportunity to use this facility, as the undersigned Releasor, I agree to assume and take on myself all of the risks and responsibilities in any way arising from or associated with this Activity, and I release Emerson and all of its affiliates, divisions, departments and other units, committees and groups, and its and their respective governing boards, officers, directors, principals, trustees, legal representatives, members, owners, employees, volunteers, agents, administrators, assigns, and contractors (collectively “Releasees”), from any and all claims, demands, suits, judgments, damages, actions and liabilities of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, that I may suffer at any time arising from or in connection with the Activity, including any injury or harm to me, my death, unless caused by the gross negligence or willful misconduct of the Releasee(s), or damage to, or loss of, my property (collectively “Liabilities”), and I agree to defend, indemnify, and save Releasees harmless from and against any and all Liabilities. As the undersigned Releasor, I recognize that this Release means I am giving up, among other things, all rights to sue Releasees for injuries, damages or losses I may incur. I also understand that this Release binds my heirs, executors, administrators, legal representatives and assigns, as well as myself. I also affirm that I have adequate medical or health insurance to cover any medical assistance I may require and that I am responsible for assessing my own ability to participate safely in the Activity. I agree that this Release shall be governed for all purposes by Massachusetts law, without regard to such law on choice of law. I fully understand the entire Release and acknowledge that I have had the opportunity to review this Release with an attorney of my choosing if I so desire. I hereby state that I have full knowledge of the risks of personal injury and property damage inherent in such tasks and any activities related thereto and have taken and will take necessary precautions to protect myself and others. I have read and freely signed this agreement, which shall take effect as a sealed instrument under Massachusetts law.
By signing this Release, either physically or electronically, I agree to be legally bound by its terms. THIS IS A RELEASE OF YOUR RIGHTS, READ CAREFULLY AND UNDERSTAND BEFORE SIGNING.