WAIVER AND RELEASE – You hereby acknowledge that while exercise is encouraged to promote both physical and mental health, your attendance at or use of Niles Family Fitness Center, including without limitation your participation in any of Niles Family Fitness Center programs or activities and your use of Niles Family Fitness Center equipment and facilities may cause injury, illness, disease, and/or viruses.  You further acknowledge it is impossible to eliminate the risk of injury, illness, disease, and/or viruses, which may result from or arise out of your attendance at or the use of the Niles Family Fitness Center facility or its equipment or activities. You also acknowledge that you may choose to participate in individual exercise activity that is or is not supervised by Facility staff.  You agree that prior to participating in any exercise activity at the Facility, it is your responsibility to affirmatively and personally seek training and/or instruction from Facility staff to promote your safe participation in that activity and/or safe operation of any equipment at the Facility which you choose to use. You also agree and understand that by using the Niles Family Fitness Center’s Zoom to participate in Niles Family Fitness Center’s Live Virtual classes, you are agreeing to video and/or audio functions being used as a part of the classes and programming. You acknowledge that participating in Niles Family Fitness Center’s Virtual Programming platforms may cause injury. You further acknowledge that participants in Virtual Programming are not supervised by Facility staff while taking the classes and following the exercise program assigned and are personally and solely responsible for the safety of any and all areas in which the participant performs the activities.  You further acknowledge it is impossible to eliminate the risk of injury from exercise in general and you assume the risk of injury which may result from or arise out of your participation in Niles Family Fitness Center’s Virtual Programming platforms. You acknowledge and accept the risks involved with use of aquatic and locker room wet areas, including drowning, slipping on the pool deck and adjacent corridor and locker room surfaces, and attest that you can maneuver in the water if you choose to use the swimming pools.  You further acknowledge that you have the responsibility to help reduce the risk of injury, illness, disease, and/or viruses to yourself while in attendance at or using Niles Family Fitness Center’s Facility.  If you have a history of heart disease, or other pre-existing medical condition, consult a physician before joining the fitness center.

YOU AGREE, ON BEHALF OF YOURSELF AND YOUR HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, TO FULLY AND FOREVER WAIVE, INDEMNIFY, HOLD HARMLESS, RELEASE AND DISCHARGE NILES FAMILY FITNESS CENTER, ITS OWNERS, AFFILIATES,  OPERATORS,  AND  ALL  OF  THEIR  RESPECTIVE  OFFICERS,  TRUSTEES,  DIRECTORS,  EMPLOYEES,  AGENTS, SUCCESSORS,  AND  ASSIGNS,  (COLLECTIVELY,  THE  “RELEASED  PARTIES”),  FROM  ANY  AND  ALL  CLAIMS,  DAMAGES, DEMANDS, RIGHTS OF ACTION OR CAUSES OF ACTION, PRESENT OR FUTURE, KNOWN OR UNKNOWN, ANTICIPATED OR UNANTICIPATED,  RESULTING  FROM  OR  ARISING  OUT  OF  YOUR  ATTENDANCE  AT  OR  USE  OF  NILES  FAMILY  FITNESS CENTER’S FACILITY, OR ITS EQUIPMENT OR ACTIVITIES, WHETHER OR NOT BASED ON THE ACTS OR OMISSIONS OF THE RELEASED  PARTIES. FURTHER, YOU HEREBY AGREE OR WAIVE ANY AND ALL SUCH CLAIMS, DAMAGES, DEMANDS, RIGHTS OR ACTION OR CAUSES OF ACTION.  YOU ASSUME THE SOLE RESPONSIBILITY FOR YOUR PERSONAL PROPERTY AND THE PERSONAL PROPERTY OF YOUR GUESTS AND ACKNOWLEDGE AND AGREE THAT NILES FAMILY FITNESS CENTER SHALL NOT BE RESPONSIBLE FOR ANY LOSS, THEFT, OR DAMAGE TO ANY PERSONAL PROPERTY USED OR STORED ON THE PREMISES OF NILES FAMILY FITNESS CENTER, WHETHER IN LOCKERS OR ELSEWHERE.

FURTHER, YOU HEREBY RELEASE AND FOREVER DISCHARGE AND HOLD HARMLESS, NILES FAMILY FITNESS CENTER AND ITS SUCCESSORS, ASSIGNS AND THIRD PARTY AGENTS FROM ANY AND ALL LIABILITY, CLAIMS AND DEMANDS OF WHATEVER KIND OF NATURE EITHER IN LAW OR IN EQUITY, WHICH MAY ARISE OR HEREAFTER ARISE FROM THE HEALTH INTAKE AND FITNESS ASSESSMENT PROTOCOLS DESCRIBED HEREIN.

YOU ACKNOWLEDGE AND UNDERSTAND THE EXPECTED CODE OF CONDUCT AT NILES FAMILY FITNESS CENTER, AND THAT THE NILES FAMILY FITNESS CENTER RESERVES THE RIGHT TO, INCLUDING BUT NOT LIMITED TO, EXCLUDE  YOUR PARTICIPATION IN ANY ACTIVITY IF THE NILES FAMILY FITNESS CENTER BELIEVES THAT YOUR BEHAVIOR,  MANNERISMS, OR PARTICIPATION COULD POSE A DIRECT THREAT TO YOURSELF, THE HEALTH AND SAFETY OF OTHER MEMBERS, GUESTS OR THE NILES FAMILY FITNESS CENTER STAFF.