HPC and Fitness Center Patron Assumption Of Risk And Release Of Liability

Assumption of Risk

I understand that engaging in any form of physical exercise, using the HPC for any purpose could pose a serious risk to my health or cause death and that this risk is in part dependent on my particular level of fitness, medical condition and exercise choices. I understand that my use of the HPC, involves risks and I assume the risks that include but are not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death. I understand that these injuries or outcomes may arise from my own or other’s actions, inaction, or negligence or the condition of the HPC. I assume all related risks, both known or unknown to me, of my use of the HPC and further agree to accept all HPC requirement for use of the facility and to follow the instructions given by supervisory personnel at the HPC. I am voluntarily using the HPC and I acknowledge and fully assume the risks associated with my enrollment and my use of the HPC.

Physical Health Considerations

I understand it is strongly recommended that I first consult a physician to establish whether it is appropriate for me to engage in the activity for which I will use the HPC. Further, I agree that if I notice any change in my physical condition that could indicate a health risk if I continue to use the HPC, I will promptly consult a physician and follow my physician’s recommendations about the continued use of the HPC.

Health Certification

I certify that I am physically capable and sufficiently healthy to be engaging in physical exercise at the HPC, and that I have no health care condition which would interfere with my ability to safely participate.

Unauthorized Visitors

I understand that as faculty, staff, or student of Utah Tech University (UT), I will be granted rights which shall give me access to the HPC, and further agree not to allow unauthorized visitors to use the facility.

Acknowledgement of HPC Rules

I understand it is my responsibility and it is required to read, become familiar with, and to follow the HPC’s etiquette standards, rules, and regulations and to comply with the etiquette standards, rules, and regulations of the HPC. I will follow all posted HPC rules, which rules may be changed from time to time by HPC officials. If I violate these rules, I assume all risk of injury, illness, damage or loss to me or my property or to HPC property. I understand that my failure to follow all posted rules can result in the revocation of my right to use the HPC.

Equipment Acknowledgment

I will inspect all equipment and facilities to be used and will not use any equipment which I believe to be damaged or defective. I will promptly notify the HPC Building Operations Manager or his/her designee of anything which I think could be damaged or defective.

Indemnification and Hold Harmless

I agree to indemnify and hold the HPC and Utah Tech University, the Board of Trustees, directors, officers, employees, and agents (collectively referred to as “UT”) harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, arising out of my use of the HPC and to reimburse UT for any such expenses incurred.

Release of Liability and Waiver

In return for being permitted to use the HPC, including any associated use of the premises, facilities, staff, equipment, and services of the HPC and UT, I, for myself, heirs, personal representatives, and assigns, do hereby release, waive, discharge, and promise not to sue the HPC, UT, the Board of Trustees, directors, officers, employees, and agents (collectively referred to as “UT”), from liability from any and all claims, including the negligence of UT, resulting in personal injury (including death), accidents or illnesses, and property loss in connection with my use of the HPC and its premises and facilities.

Governing Law and Severability

I understand that this document is written to be as broad and inclusive as legally permitted by the State of Utah and agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms. I agree that this Agreement shall be governed by the laws of the State of Utah, and any disputes arising out of or in connection with this Agreement shall be under the exclusive jurisdiction of the state District Courts of the State of Utah.

Understanding and Acknowledgement

I acknowledge that I am aware of potential risks related to my use of the HPC. I have read all previous paragraphs, including the release of liability and waiver, assumption of risk, and indemnity agreement, know, fully understand its terms, acknowledge these and other risks that are inherent to use of the HPC and understand that I am giving up substantial rights, including my right to sue. I acknowledge my participation and use of the HPC is voluntary, that I knowingly assume all such risks, and that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the extent allowed by law. No other representations concerning the legal effect of this document have been made to me. I am 18 years or older. I have read this document and fully and completely understand the potential risks that may be associated with my use of the HPC. I have read this entire document and I am signing this document freely and voluntarily.

I am the parent or legal guardian of the Patron. I have read this two-page document, and I am signing it freely and voluntarily. I understand the legal consequences of signing this document, including (a) release of UT from all liability on my and the Patron’s behalf, (b) waiver of my and the Patron’s right to sue UT, (c) and assumption of all risks of the Patron’s participation in the program, activity or course, including travel to and from. I allow Patron to participate in the program, activity or course, and I understand that I am responsible for the obligations and acts of Patron as described in this document. I agree to be bound by the terms of this document.