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Waiver, Release and Assumption of Risk for use of Fitness Room

  1. Waiver, Informed Consent and Covenant not to Sue
  2. I am volunteering to participate in unsupervised physical exercise in a fitness room provided in the Kenton County Administration Building, which may include, but may not be limited to, stretching, cardio and/or resistance training and use of shower facilities. In consideration of Kenton County’s agreement to provide these facilities for use and enjoyment of occupants of the Building, I do here and forever release and discharge and hereby hold harmless Kenton County and its employees and agents from any and all claims, demands, damages, rights of action or causes of action, present or future, and any benefits rather administrative or equitable, arising out of or connected with my participation in this or any on-site exercise initiative, including any injuries resulting therefrom.

    THIS WAIVER AND RELEASE OF LIABILITY INCLUDES, WITHOUT LIMITATION, INJURIES THAT MAY OCCUR AS A RESULT OF (1) EQUIPMENT THAT MAY MALFUNCTION OR BREAK; AND (2) ANY SLIP, FALL DROPPING OF EQUIPMENT OR INJURY CAUSED BY A THIRD PERSON (3) ANY INJURY OR HEALTH CONDITION THAT MAY OCCUR OR MANIFEST WHILE EXERCISING AS A RESULT OF AN UNDERLYING HEALTH ISSUE OR EXERCISE ITSELF. PARTICIPANTS SHOULD SEEK MEDICAL CLEARANCE TO EXERCISE BEFORE USING THE FITNESS ROOM AND TO USE GOOD CARE AND JUDGMENT WHEN EXERCISING.
  3. Assumption of Risk
  4. I recognize that exercise might be difficult and strenuous and that there could be dangers inherent in exercise for some individuals. I acknowledge that the possibility of certain unusual physical changes during exercise does exist. These changes include abnormal blood pressure; fainting; disorders in heartbeat, heart attack and, in rare instances, death. I understand that as a result of my participation in an exercise program, I could suffer an injury or physical disorder that could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life. I recognize that an examination by a physician should be obtained prior to exercising. If I choose not to obtain a physician’s permission prior to beginning exercise, I hereby agree that I am doing so at my own risk. In any event, I acknowledge and agree that I assume the risks associated with any and all activities and/or exercises in which I participate. I acknowledge and agree that no warranties or representation have been made to me regarding the use of the facility or the results I will achieve from this program.
    BY SUBMITTING THIS FORM, I AM WAIVING ANY RIGHT I, OR MY SUCCESSORS, MIGHT HAVE TO BRING ANY LEGAL ACTION OR TO SEEK AN ADMINISTRATIVE REMEDY AGAINST KENTON COUNTY OR ANY OF ITS EMPLOYEES AND AGENTS FOR NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, INCLUDING WORKERS’ COMPENSATION BENEFITS.
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