I hereby request permission from Tampa General Hospital (“TGH”) to use the TGH Fitness Center (the “Fitness Center”). In consideration of TGH’s permission for me to use the Fitness Center, I hereby acknowledge, agree and represent as follows:
I am in good health and have no disability, impairment, medical condition, illness or health related issue which may prevent me from engaging in exercise or using the Fitness Center or which poses a health risk to other users of the Fitness Center. I assume full responsibility for my medical condition as it relates to engaging in exercise and using the Fitness Center. I have consulted with a physician and have been cleared by such physician for the use of the Fitness Center and not instructed to refrain from any activities of the type available in the Fitness Center.
I acknowledge that TGH Fitness Center employees, independent contractors or agents (“staff”) are not engaged in diagnosing or treating medical disease or deficiencies.
I acknowledge that there will be times during the night when the Fitness Center is unsupervised, and the building minimally occupied. I understand that by entering the building and utilizing the Fitness Center during the times it is unsupervised, particularly at night, may present additional danger to my safety.
I understand that my presence in the Fitness Center and my use of the Fitness Center involves risk. I hereby knowingly and freely assume all risk and responsibility for any and all personal injury, arising out of my use of the Fitness Center.
I release, discharge, and relinquish my rights to sue TGH, its Board of Directors, officers, shareholders, agents, employees, attorneys, and their respective successors and/or assigns (each a “Releasee”) from and with respect to any and all liability, rights and/or causes of action, now or hereafter existing, whether known or unknown, present or future, foreseen or unforeseen, whether caused by the negligence of TGH, a Releasee or otherwise, that may arise from or relate to my use of the Fitness Center, including, without limitation, any bodily and/or personal injury in connection therewith. I hereby waive any protections afforded to me by any statute or law in any jurisdiction whose effect is to provide that a general release shall not extend to claims, material or otherwise. This means, in part, that I am releasing any and all unknown future claims.
I agree to indemnify, hold harmless, and Releasee from and against any loss, claim, liability, cost and/or expense, asserted against Releasee arising in whole or in part from my use of the Fitness Center.
TGH has advised me not to bring valuable personal property into the Fitness Center. I assume full responsibility for any loss of, theft of, or damage to my personal property which may occur at the Fitness Center.
If any provision of this Fitness Center Release and Waiver is held to be unenforceable, or the application thereof unenforceable under present or future laws, then it is the express intention of the parties that the remainder of this Fitness Center Release and Waiver shall not be affected, and each provision of this Fitness Center Release and Waiver shall be enforceable to the fullest extent permitted by law.
This Fitness Center Release and Waiver constitutes the entire agreement of the parties with respect to the subject matter of this Fitness Center Release and Waiver and supersedes all prior agreements, promises and discussions, oral and written, between the parties hereto.
The provisions of this Fitness Center Release and Waiver will continue in full force and effect even after the termination of the activities conducted by me at the Fitness Center. This Fitness Center Release and Waiver shall also bind my assigns, heirs, executors, administrators, distributees, guardians and next of kin.