WAIVER & RELEASE OF LIABILITY

Exercise, Equipment and Classes

All workouts, classes, use of weights, use of machinery (whether during a class or otherwise), and use of equipment and apparatus designed for exercising shall be at the participant's sole risk. The participant understands that the decision to use exercise equipment, or selection of exercise programs, methods and types of equipment, shall be solely the participant’s responsibility, and the Almaden Valley Athletic Club and/or Almaden Valley Athletic Club Swim School (collectively referred to herein as “Club”) shall not be liable to member for any claims, demands, damages or causes of actions due to injury to participant's person or property arising out of or in connection with the use by participant of the services, facilities and/or premises of the Club regardless of whether the injury or damages were caused by the negligence of the Club, its employees or its agents. This waiver and release specifically applies to claims of negligent instruction and/or supervision that may arise as a result of injuries sustained during classes or personal training programs and the waiver and release applies regardless of whether the claimed injury was incurred on the premises or during an off-site class, program or event sponsored, promoted, organized or operated by the Club.

The participant executing this waiver and release of liability hereby agrees to indemnify and hold the Club harmless from all claims which may be brought against the Club by anyone accompanying the participant, including any minor (under 18), any of participant’s guests or on their behalf for any claims arising from injuries occurring at the Club’s facilities. The participant also expressly agrees to be responsible for and reimburse any and all attorneys’ fees and legal costs incurred by the Club as a result of any such action.

The participant also expressly acknowledges that by signing below he or she is relinquishing all rights he or she may have to sue the Club for injuries arising out of the use of the Club facilities or its services. This release is intended to be interpreted as broadly as allowed under California law.

General Use of Club Facilities

It is expressly agreed that the use of all Club facilities (including but not limited to tennis courts, swimming pools, outdoor areas, parking lots, locker rooms, child monitoring services, etc.), without limitation and whether engaging in exercise activities or not, shall be undertaken by the participant at his/her sole risk. The Club shall not be liable for any injuries or damages to any participant, or the property of any participant, or be subject to any claim, demand, damages or causes of action arising out of the use of, or occurring on, the Club’s premises regardless of whether it was caused by the negligence of the Club, its employees or its agents. It is agreed that this waiver and release agreement applies to any and all incidents occurring on the Club premises, including slip or trip and fall incidents, regardless of the cause. The Club’s facility includes all areas associated with the Club, including the parking lot and other outdoor areas.

The participant also expressly acknowledges that by signing below he or she is relinquishing all rights he or she may have to sue the Club for injuries arising out of the use of the Club facilities or its services. This release is intended to be interpreted as broadly as allowed under California law.

For minors participating at AVAC:
The undersigned, on his or her own behalf and on behalf of the minor identified, understand that participation in or attendance at all classes, programs and events at Almaden Valley Athletic Club and/or Almaden Valley Athletic Club Swim School (collectively referred to herein as "Club") shall be at the sole risk of the participant or attendee regardless of his or her age. The undersigned understands that the minor participant's or attendee's decision to participate in or attend an exercise class, program or event at the Club, without limitation, shall be solely his or her responsibility, and the Club shall not be liable to any participant or attendee, regardless of age, for any claims, demands, damages or causes of action due to insury to participant's or attendee's person or property arising out of or in connection with th euse of the services, facilities and/or premises of the Club regardless of whether the injury or damages were caused by the negligence of the Club, its employees or its agents. This waiver and release specifically applies to, but is not limited to, claims of negligent instruction, hiring, maintenance and/or supervision that may arise as a result of injuries sustained during classes, programs, or events at the Club.