ANDREASEN CENTER FOR WELLNESS (ACW)
COVID-19 ASSUMPTION OF RISK, RELEASE, AND WAIVER AGREEMENT
By signing this agreement, I acknowledge the contagious nature of COVID-19, the fact that it can be difficult to identify in another, and the inherent risks of exposure at the ACW to those who may be infected with COVID-19. I voluntarily assume the risk that I may be exposed to or infected by COVID-19 as a result of my participation in activities and programs at the ACW and that such exposure or infection may result in personal injury, illness, permanent disability, and/or even death.
I understand that the risk of becoming exposed to or infected by COVID-19 at the ACW may result from the actions, omissions, or negligence of myself and others, including, but not limited to, ACW employees, agents, contractors, volunteers, members, and guests. I recognize that the ACW cannot limit all potential sources of COVID-19 infection.
I agree to comply with all ACW policies, rules, and regulations (as they may change from time to time) concerning required COVID-19 precautions, which may include, but are not limited to, mask wearing, hand washing, hand sanitizing, submitting to temperature checks, and social distancing.
No party related to the ACW or Andrews University, including any employee, agent, or volunteer, has made any representations to me regarding the safety of, or the risks of, joining or returning to the ACW that I have relied on. I have relied instead on my own judgment as to whether to undertake the risks.
I voluntarily assume full responsibility for any and all risks of illness or injury associated with my exposure to COVID-19 at ACW. I completely release the ACW and Andrews University, and their respective trustees, officers, employees, agents, and contractors, from any and all legal or financial responsibility, including, but not limited to, any personal injury, disability, illness, damage or death from exposure to COVID-19, whether such exposure occurs before, during, or after my presence at the ACW. Also, I agree, on behalf of myself, my personal representatives and heirs, not to make any type of legal or equitable claim on ACW or Andrews University, their respective trustees, officers, employees, agents or contractors, with respect to any exposure I may have to COVID-19, whether or not it arises through the negligence, omission, default or other action of anyone affiliated with the ACW and/or Andrews University, including other ACW members or guests. I further agree that if any such claim is made, I will indemnify and defend ACW and Andrews University with respect to any such claim.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. THIS AGREEMENT SHALL BE BINDING UPON ME AND MY HEIRS, LEGAL REPRESENTATIVES, AND ASSIGNS, AND SHALL INURE TO THE BENEFIT OF THE COMPANY AND THEIR SUCCESSORS AND ASSIGNS. ANY CLAIM RELATED TO THIS AGREMEENT SHALL BE FILED IN BERRIEN COUNTY, MICHIGAN.
** The Andreasen Center for Wellness advises each member to consult with his/her physician regarding any exercise restrictions or guidelines.
TERMS AND CONDITION:
1. Subject to the terms and conditions hereof, Member is granted the privilege of using the equipment, facilities, and services of the Center (excluding the gymnasium) during its normal hours of operation.
2. The Wellness Center acknowledges receipt of a one-time enrollment fee. Member agrees to pay the ongoing fees due each month on or before the date on which payment is due.
3. Member agrees to abide by all rules and regulations (which are incorporated into and expressly made a part of this agreement) currently in effect or which may be promulgated in the future relating to the operation and use of Center equipment, facilities, and services.
4. The initial membership period is for the term specified in section II. above. After the initial term expires, Member may cancel this agreement upon providing ten (10) days prior written notice of cancellation. Unless and until cancelled as permitted herein, membership will automatically renew on a month-to-month basis for monthly memberships, and a year-to-year basis for annual memberships.
5. The Wellness Center grants to Member all rights and privileges of membership for the period extending from the enrollment date to the expiration date; provided, however, that the Center may curtail or deny the use of any equipment, facility, or service whenever it believes such use might be detrimental to Members health or well-being.
6. Member agrees that the Wellness Center shall not be liable for the loss or theft of, or damage to, the personal property of the Member.
7. Member agrees not to allow any child of Member under age 14 to use any area of the Wellness Center except for the pool (only when accompanied by a parent). Children age 14 and 15 can use the Center only under the supervision of a parent.
8. I represent: (a) that I understand that use of the Wellness Centers facilities, services, programs, and premises includes an inherent risk of injury to persons and property; (b) that I am in good physical condition, and that I have no disability, illness, or other condition that could prevent me from exercising without injuring myself or impairing my health; and (c) that I have been advised to consult a physician concerning an exercise program that will not risk injury to myself or impairment of my health. Such risk of injury includes, but is not limited to, injuries arising from use by me or others of exercise equipment and machines, injuries arising from participation by me or others in supervised or unsupervised activities or programs throughout the Center; injuries and medical disorders arising from exercising at the Center such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; and accidental injuries occurring anywhere in the Center including (without limitation) locker rooms, steam rooms, pool areas, whirlpools, saunas, showers, and dressing rooms. I agree to disclose any special requirements or limitations to the Center when seeking help in establishing an exercise program. I agree that all the exercises and use of the Centers facilities, services, programs, and premises are undertaken by me at my sole risk. I release and hold the Center and its Board of Trustees, employees and agents harmless from, and assume all responsibility for, all claims, demands, injuries, damages, actions or causes of action, to persons or property, arising out of or connected with my use of the Centers facilities, premises, services, or programs.
9. From time to time, the Wellness Center will take photos and videos (visual imagery) of our members participating onsite in various activities including, but not limited to, youth activities, special events, sporting events, Wellness Center events, and special shoots. This video imagery is used in our newsletter, brochures, social media, online advertising, print ads, website, and other communications to advertise and promote the Wellness Center and to recognize Wellness Center members. By signing the application for membership you acknowledge, for yourself and any minor children, that your video imagery may be used for these purposes, and you release the Wellness Center, its contractors, its employees, and any third parties involved in the creation or publication of promotional materials from all liability arising from the use of your/your childs video imagery. If you are opposed to such use, you must state, in a separate writing to the Wellness Center, that you do not give permission for use of your and/or your childrens video imagery for these purposes.
Acknowledgement of Understanding: I have read the assumption of risk, release, and hold harmless agreement in paragraph 8 hereof, and I understand that I am giving up substantial rights, including my right to sue.
I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to grant a complete and unconditional release of all liability to the greatest extent allowed by law.
I acknowledge that in order to cancel my membership, I must complete a cancellation request form at the front desk a minimum of 10 days prior to my membership renewal, unless requesting a renewal by phone or email or I will be charged the renewed amount.