WAIVER OF LIABILITY AND RELEASE AGREEMENT

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I wish to participle in all West Winds programs offered by West Winds Tennis and Fitness (the Club). As a precondition to participating in the West Winds programs, I have read the following Release Agreement (the “Agreement”) and agree to its terms.
 

      Assumption of Risk. I understand that participating in the West Winds programs entails inherent risks of physical injury, including, but not limited to, the risks described in the West Winds Detail Form on the reverse side of this Release Agreement. I have been given the chance to ask questions concerning the West Winds Detail Form, and all such questions have been answered to my satisfaction. Having read this form, I am fully aware of the risks and hazards associated with the West Winds programs, and hereby elect to voluntarily participate in the West Winds programs. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me as a result of participating in the West Winds programs, unless caused by the gross negligence or willful misconduct of the Club, its officers, trustees, agents, employees or volunteers (collectively referred to as the “Club”).
      Liability Release. In consideration for the Club allowing me to participate in West Winds events, I agree I will not sue the Club and I release the Club from any and all liabilities, claims, demands, actions, causes of actions, costs and expenses of any nature whatsoever arising out of any loss, damage, or injury, including death, that may be sustained by me or to any property belonging to me, arising from the West Winds programs or while upon the premises where West Winds events are being conducted, excepting those claims arising from the gross negligence or willful misconduct of the Club.
      Indemnification. I agree to indemnify and hold harmless the Club from and against any loss, liability, damage or costs, including court costs and attorneys’ fees, that the Club may incur arising from my involvement in the West Winds programs, excepting those claims arising from the gross negligence or willful misconduct of the Club.
      Warranty of Physical Fitness. I warrant that I am physically fit and in a condition that will allow me to participate fully in West Winds. I maintain medical insurance that covers me for accidents and illnesses while I am participating in West Winds programs. I understand the Club has not made, nor will make, any investigation into my physical fitness or ability to participate in West Winds, and the Club is relying on my warranty of my physical condition. I assume full responsibility for payment of medical expenses not covered by my insurance incurred as a result of my participation in West Winds.
      Emergency Medical Treatment. I grant the Club permission to authorize emergency medical treatment as it deems appropriate and agree that such action by the Club shall be subject to the terms of this Agreement. I understand and agree that the Club assumes no responsibility for any injury or damage that might arise out of or in connection with such authorized emergency medical treatment.
      Intent: It is my express intent that this Agreement shall bind the members of my family and spouse (if any), my estate, heirs, administrators, assigns, and personal representatives. I agree that this Agreement and any claim arising from my participation in West Winds programs shall be construed in accordance with the laws of the State of Maryland, without regard to its conflict of laws provision. The courts in Frederick County shall be the forum for any lawsuits arising from the West Winds programs or incident to this Agreement. The terms of this Agreement shall be severable, such that if a court of competent jurisdiction holds any term to be illegal or unenforceable, the validity of the remaining portions of shall not be affected thereby.

By participating in the above activities, you may be exposed to several inherent risks including but not limited to those listed below:
• Tripping and Falling
• Abrasions, cuts, and contusions
• Sprained ankles and wrists
• Broken wrists and ankles
• Eye Injury
• Dehydration
• Heat Rash
• Heat Exhaustion
• Sliding
• Slipping
• Bumps
• Bruises
• Dislocations
• Broken Bones
• Pulled Muscles
• Fatigue
• Sunburn
• Death

We request you conduct your participation with the safety of yourself and others in mind. In signing this Agreement,

 

I acknowledge that I have read this Release Agreement form in its entirety, understand it, and agree to be bound by its terms. I further acknowledge that I sign this Release Agreement voluntarily and I am at least eighteen years of age.

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