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Fitness Facility Waiver

Monarch Beverage Co., Inc. Facility Use and Athletic Activity Participation Waiver, Release of Liability, and Agreement to Indemnify   In consideration of Monarch Beverage Co., Inc. (“Monarch”) allowing me access to and/or use of Monarch property, gym equipment, and facilities (collectively referred to hereinafter as the “Facilities”) and to participate in athletic activities and/or other sponsored group classes put on by Monarch or other groups or organizations (collectively referred to hereinafter as the “Athletic Activities”), I, the undersigned, for myself and my heirs, next of kin, assigns, and personal representatives, do hereby acknowledge and agree to the following conditions:
  1. I understand and acknowledge that access to or use of the Facilities and/or participation in the Athletic Activities are potentially hazardous activities that involve risks, inherent and otherwise, that cannot be eliminated to myself or other persons and which may result in serious injury or illness, including but in no way limited to paralysis, broken bones, heat related injuries, concussions, strokes, seizures, heart attacks or death, and/or damage to property. Some of the risks associated with my access to and/or use of the Facilities and/or participation in the Athletic Activities include, but are in no way limited to, negligence of Monarch or its employees, negligence of other groups or organizations hosting/running the Athletic Activities, Facilities’ conditions, equipment failure, known or unknown medical conditions, improper use of the Facilities and acts of others in the Facilities and/or participating in the Athletic Activities. I accept full and sole responsibility for all risks, both known and unknown, inherent or otherwise, related to my access to or use of the Facilities and/or participation in the Athletic Activities, and acknowledge that I am voluntarily entering and using the Facilities and/or participating in the Athletic Activities even with knowledge of these risks.
  2. Acknowledging that such risks exist, I hereby RELEASE AND DISCHARGE Monarch, and each of its affiliates, divisions, subsidiaries, officers, employees, shareholders, representatives, managers, members, directors, owners, agents, instructors, dieticians, trainers, coaches and each of them and/or anyone associated in any way with my access to or use of the Facilities and/or participation in the Athletic Activities including instructors, dieticians, trainers, coaches, and their employers (the "Released Parties"), from and against all liability, claims, damages, injuries, losses, actions, suits, proceedings, product liability actions, wrongful death actions, warranty actions, breach of contract actions, loss of consortium claims, expenses, and attorney fees that I or anyone on my behalf (including but not limited to my heirs, representatives or next of kin) have or might have arising out of, involving or relating to my access to or use of the Facilities and/or participation in the Athletic Activities, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the negligence or other misconduct of the Released Parties.
I further agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, injuries, losses, actions, suits, proceedings, product liability actions, wrongful death actions, warranty actions, breach of contract actions, loss of consortium claims, expenses, and attorney fees that I or anyone on my behalf (including but not limited to my heirs, representatives or next of kin) have or might have arising out of, involving or relating to my access to or use of the Facilities and/or participation in the Athletic Activities, or for my failure to comply with the terms of this Monarch Beverage Co., Inc. Facility Use and Athletic Activity Participation Waiver, Release of Liability, and Agreement to Indemnify. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the negligence or other misconduct of the Released Parties.
  1. I understand and acknowledge that Monarch does not warrant or guaranty that the physical location of any Athletic Activities is safe and/or appropriate for such an activity and/or that any of the Facilities are in good and proper working order. It is my sole and personal obligation to ensure that the site and equipment is safe and appropriate for my use.
  2. I understand that my use of the Facilities and/or participation in the Athletic Activities may test my physical, mental, and emotional limits. I am responsible for determining whether I am physically, mentally and emotionally able to participate in physical activity. I am responsible for determining whether a physical or medical examination should be undertaken before I participate in physical activity and I will abide by any determination, limitation, or recommendation that may be issued by my medical or health care provider. Before, during, and after an activity, I am solely responsible for determining my health and physical status and whether I can or should discontinue my participation in the activity, or take other actions, to protect my health or safety. I understand and acknowledge that Monarch assumes no duty to me to ensure my physical, mental or emotional ability to participate in the Athletic Activities, whether before, during, or after activity.
  3. I understand and acknowledge that my use of the Facilities and/or participation in the Athletic Activities, including related events before and after, does not arise out of or in the course of my employment with Monarch. These are voluntary recreational or athletic activities that are not required or expected of my employment and are not covered by Indiana’s worker’s compensation laws (Ind. Code §§22-3-1-2 through 27-2-40). As such, I agree to assume and to be personally liable for all costs of any first aid, medical treatment or care, or other financial expenditures or financial loss or impairment that might arise from my use of the Facilities and/or participation in the Athletic Activities.
  4. I agree to conduct myself in a safe and reasonable manner. I will not use the Facilities and/or participate in the Athletic Activities while under the influence of medication, drugs, or alcohol, or while suffering from any medical, health or other condition (including, but not limited to, illness or injury), that might in some manner potentially cause harm or injury to me, to another participant, or to the Facilities. I agree that I will be financially responsible for any damage to the Facilities, whether accidental or intentional.
  5. This document is governed by the laws of the State of Indiana. Any cause of action relating to the interpretation or enforcement of this document shall be instituted and litigated in a court located in Marion County, Indiana. If one or more portions of this document are found to be unenforceable, the remainder of the document will remain enforceable.
I have read and fully understand this Athletic Activity Participation Waiver, Release of Liability and Agreement to Indemnify and agree to be bound by its terms. I understand that by signing this document I am waiving certain legal rights, including the right to sue the Released Parties. I sign this document freely and willingly. READ! YOUR LEGAL RIGHTS ARE AFFECTED!