In consideration of permission of use, today and on all future dates, the property, facilities, staff, equipment and services of Winchester Sportsplex LLC, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge and covenant not to sue Winchester Sportsplex LLC, its directors, officers, employees and agents for liability from any and all claims including the negligence of Winchester Sportsplex LLC resulting in personal injury, accidents or illnesses (including death) and property loss arising from, but not limited to, participation in activities, classes, observation and use of the facilities, premises or equipment.
Assumption of Risks: Physical activity, by it’s very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Winchester Sportsplex LLC has facilities for and provides activities such as strength and agility training, running, aerobic activities, classes and sporting activities. Some of these involve strenuous exertions of strength using various muscle groups, some involve quick movements and others involve sustained physical activities, which places stress on the cardiovascular system.
The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises and sprains, 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks and concussions, 3) catastrophic injuries including paralysis and death.
Indemnification and Hold Harmless: I also agree to indemnify and hold Winchester Sportsplex LLC, harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement at Winchester Sportsplex LLCand to reimburse them for any such expenses incurred.