JCC Liability Waiver
Release of Liability, Waiver of Claims, and Assumption of Risk

Release of Liability, Waiver of Claims, and Assumption of Risk

THIS IS A LIABILITY RELEASE AND A BINDING CONTRACT. BY SIGNING THIS AGREEMENT, YOU ARE WAIVING CERTAIN LEGAL RIGHTS. YOU ARE RELEASING THE JCC AND ITS EMPLOYEES FROM LIABILITY FOR POTENTIAL CLAIMS RELATED TO USING THESE FACILITIES. PLEASE READ THIS CAREFULLY.

In consideration of the opportunity to use the JCC?s facilities, services, and programs, with or without supervision, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I, for myself, my heirs, executors, next of kin, successors in interest, guardians, legal representatives, assigns, and administrators, do agree as follows:

1. I am aware that there are significant risks involved in all aspects of physical training, using exercise equipment, using the swimming pool or sauna, using the gym, or participating in the various classes offered by the JCC. These risks include, but are not limited to: falls which can result in serious injury or death, injury or death due to negligence on the part of myself, or other people around me, injury or death due to improper use or failure of equipment. I am aware that any of these above-mentioned risks may result in serious injury or death to myself or others.

2. I also acknowledge and understand that I am accepting the JCC?s facilities, equipment, services, and programs AS IS, and further acknowledge and understand that NO WARRANTIES are being extended to me with respect to any aspect of my use of the JCC?s facilities, equipment, services, and programs.

3. I agree and understand that my use of the JCC?s facilities, equipment, services, and programs is a purely, voluntary, recreational activity and that if I am not willing to acknowledge the risk and agree not to sue, I should not use the JCC?s facilities, equipment, services, and programs. I understand that the risk and injury in the use of JCC?s services, programs, activities, and classes may be caused, in whole or in part, by the NEGLIGENCE OF THE JCC, me, minors, other member(s), guest(s) and/or other persons. I FULLY UNDERSTAND, AND VOLUNTARILY AND WILLINGLY ASSUME, THE RISKS OF INJURY.

4. I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity, service, program, or class while at the JCC or which may result while participating in any activity under the direction of any representative of the JCC. I acknowledge that I have no physical impairments or illnesses that will endanger myself or others.

5. EXERCISE MAY BE STRENUOUS. SEE A DOCTOR BEFORE STARTING ANY EXERCISE PROGRAM. I understand that the activities available at the JCC may involve strenuous physical activity and that a medical check-up is advisable before participating in any fitness program. I further understand that neither the JCC, nor its staff or contractors, are medical doctors and therefore, I should see a medical doctor of my own choosing before participating in any fitness program, class, activity or program at the JCC. I recognize, appreciate and understand the danger of physical stress, strain or injury (including but not limited to, cardiac arrest, stroke, changes in blood pressure, muscle strains, sprains and ligament and/or tendon damage and other physical problems that may arise) that may result from any activity that requires physical exertion and accept these risks. I declare that I have completed the enclosed medical questionnaire as required by the JCC and that I am physically able to participate in physical activity. The JCC has advised me to obtain a medical clearance in the event they answer yes to any of the medical history questions, or if they are unsure of their physical health and that I maintain that I am physically capable of pursuing physical activity in the JCC without such steps being taken or has done so.

6. I agree to abide by the rules of the JCC and observe the instructions of its staff and contractors.

7. WAIVER OF LIABILITY. On behalf of myself and my spouse/partner, my children, my parents, guardians, heirs, next of kin, personal representatives, heirs and assigns, voluntarily and forever release and discharge the JCC, its officers and agents from, covenant and agree not to sue the JCC and its officers and agents for, and waive, any claims, demands, actions, causes of action, debts, damages, losses, costs, fees, expenses or any other alleged liabilities or obligations of any kind or nature, whether known or unknown, direct or indirect (collectively, ?Claims?) for any Injuries, accidents or deaths to me, my spouse/partner, my children, my parents in the use of the JCC?s facilities which arise out of, result from, or are caused by any NEGLIGENCE OF THE JCC, by me, any minor, any other member, guest, or other person.

a. Negligence Claims. I understand that Negligence Claims include but are not limited to the JCC?s (1) negligent design, construction (including renovation and alteration), repair maintenance, operation, supervision, monitoring, or provision of the JCC?s facilities and services; (2) negligent failure to warn of or remove a hazardous, unsafe, dangerous or defective condition; (3) negligent failure to provide or keep premises in a reasonably safe condition; (4) negligent provision or failure to provide emergency care; (5) negligent provision of services; and (6) negligent hiring, selection, training, instruction, certification, supervision or retention of employees, independent contractors or volunteers; or (7) other negligent act(s) or omission(s).

b. JCC's Fees and Costs. I specifically agree that, if I (on my own behalf or on behalf of another, including an estate) assert a Negligence Claim against the JCC and/or breach my agreement not to sue the JCC, I will pay all reasonable fees (including attorneys' fees), costs and expenses incurred by the JCC to defend (1) the Negligence Claim(s) and (2) all other claims based on the same facts as the Negligence Claim(s).

8. I further agree that I WILL INDEMNIFY AND HOLD HARMLESS THE JCC, ITS MEMBERS, OPERATORS, LESSORS, LESSEES, OFFICERS, AGENTS, AND EMPLOYEES from any loss, liability, damages or cost of any kind that it may incur as the result of any injury to myself or to any member of my family or to any person for whom I am explaining the meaning of this agreement, even if it is contended that any such injury was caused by the negligence of the part of the JCC or the above named parties.

9. I understand that JCC photographers may be present on campus at any time and at any event or program, and that those photographers may take photographs or video of me and/or my family for marketing purposes. I understand that it is my responsibility to notify the photographer and Shalom Austin employees if photos or video of my family or myself should not be used for JCC marketing purposes.