ASSUMPTION OF RISK AND RELEASE OF CLAIMS
In consideration of being permitted to utilize the State University of New York College of Optometry’s Fitness Center (the “Fitness Center”), I agree, on behalf of myself, my family, heirs, executors and personal representatives, to assume all responsibility for my use of the Fitness Center and its equipment and for my participation in any activities, programs or services offered at, or by, the Fitness Center.
I know and understand that the Fitness Center is an “unsupervised” facility, meaning that there is no one on hand to observe, regulate or aid the members or their activities. I have been fully and completely apprised of the actual and potential risks inherent in the use of exercise equipment and/or participation in fitness, physical activities or physical workout programs, including but not limited to physical injury, infection, infectious diseases and death. Moreover, I am fully aware that there may be risks and hazards unknown to me connected with using the Fitness Center, and I hereby acknowledge that I am knowingly and voluntarily assuming such risks.
I acknowledge that I have read, and will abide by the Fitness Center rules, policies and procedures and any future modifications or additions to the rules, policies or procedures. I declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in any of the activities, facilities, programs or services offered at the Fitness Center. I acknowledge that I have either had a physical examination and have been given a physician’s permission to participate in these activities, facilities, programs and services, or that I have decided to participate in these activities, facilities, programs and services without the approval of my physician.
To the maximum extent permitted by law, I hereby agree to release and indemnify the State of New York, the State University of New York, the State University of New York College of Optometry, and their officers, employees, agents and volunteers, from any and all liability, actions, causes of action, debts, claims, demands of every kind and nature whatsoever, which may arise out of or in connection with my participation in the Fitness Center.