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9-22-02
INFORMED CONSENT AND RELEASE
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WHEREAS, the undersigned seeks to use certain common
area recreational facilities (the "Facilities")
managed by the Beverly Glen Park Homeowners
Association, Inc. (the "Association"); and
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WHEREAS, access to the Facilities, including the
exercise room at the Beverly Glen Park condominium
project (the "Exercise Room"), the tennis courts and
the basketball courts is dependent upon the
undersigned agreeing to the terms and conditions
contained herein, which are acceptable to the
undersigned; |
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Now, therefore, the undersigned agrees as follows.
The undersigned recognizes that use of the
Facilities, and particularly the Exercise Room, is strictly
voluntary and may be of a hazardous nature including
strenuous physical exercise or activity.
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The undersigned states that to the best of the
undersigned's knowledge, the undersigned has no
medical, physical, mental or emotional health
conditions which would hinder or prevent the
undersigned's active use of any of the Facilities.
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The undersigned further understands and acknowledges
that it could be dangerous and injurious to use the
equipment located at the Exercise Room unless the
undersigned is properly oriented and trained in the
proper methods of use of such equipment which
orientation and training is not furnished by the
Association.
The undersigned, and in the event the undersigned is
under 18 years of age, the undersigned's parent(s)
or guardian(s), in consideration of the request and
permission to use the Facilities hereby assumes full
responsibility for all risk of injury or loss which
may result from the undersigned's use of any of the
Facilities and hereby agrees to indemnify, defend,
hold harmless, release and forever discharge the
Association and its officers, directors, members,
employees, representatives and agents (hereinafter
collectively the "Indemnitees") of and from any and
all acts of negligence and all claims and demands
whatsoever, which the undersigned, any third person,
or any persons acting on their behalf, have or may
have against any of the Indemnities by reason of any
accident, illness, injury to or death of any person
or persons or damage to or loss or destruction of
any property arising or resulting directly or
indirectly from any use of any of the Facilities.
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The terms of this release will serve as a release
and assumption of risk for the undersigned and
his/her heirs, successors, executors and
administrators and all of the undersigned's family
members. If instructors employed by the
Association are utilized at any of the Facilities
they shall be covered by this release without regard
to the nature of such instructors' relationship, if
any, to the undersigned. |
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The undersigned further acknowledges that if the
undersigned allows any guests, including family members,
to use any of the Facilities, such guests, including
family members, must sign an Informed Consent and
Release identical to this document prior to using
the Facilities and the undersigned agrees to assume full
responsibility for obtaining the signature of the
undersigned's guests/family members on such an Informed
Consent and Release and agrees to indemnify, defend and
hold harmless each of the Indemnitees of and from any
claims which result from the use of any of the
Facilities or which would have been barred if such an
Informed Consent and Release had been signed.
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Nothing herein shall be construed as a waiver of any
rights
or benefits which would otherwise be available under any
applicable medical or worker's compensation insurance
carried by
or for
the benefit of the undersigned.
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The Association reserves the right to exclude anyone
from the Facilities if the Association, in its
reasonable belief, believes that such person's continued
use may be dangerous, such person has demonstrated any
inappropriate behavior or has violated any of the
Association's rules for use of the Facilities which may
be established from time to time.
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PLEASE NOTE THAT THE ASSOCIATION STRONGLY RECOMMENDS
THAT EACH PERSON WHO USES ANY OF THE FACILITIES HAVE
SOME TYPE OF ACCIDENT MEDICAL INSURANCE FOR HIS/HER OWN
PROTECTION.
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_ ____________________________________
Name of Participant(print) |
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_____________________________________ |
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signature of participant/Guest |
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