I request to play squash, use the fitness center, and/or engage in other approved related activities at the New Balance Foundation SquashBusters Center (the “Activity”). I understand that this is a legally binding Release of SquashBusters, Inc. (795 Columbus Ave, Roxbury Crossing, MA 02120); SQB Support Corporation (795 Columbus Ave, Roxbury Crossing, MA 02120); 26-30 Island Street Condominium Association (c/o LCW 168 Newbury Street, Lawrence, MA 01841) or their agents (the “Parties”).
Acknowledgment of Risk: I recognize and appreciate the dangers, hazards and risks of the Activity which could include serious or even mortal injuries and property damage. I attest that I have considered the risks and hazards, and I agree that I have individually assumed the risks involved in this Activity.
Fitness to Participate: I represent that I am physically and mentally able to participate in the referenced Activity and have no health conditions which would present a risk to me in participating in this Activity. I agree that by participating, I do so entirely at my own risk. I agree that I am voluntarily participating in these activities and use of this facility and premises and assume all risk of injury, illness, or death. Because physical exercise can be strenuous and subject to risk of serious injury, SquashBusters urges all participants to obtain a physical examination from a doctor before using any equipment or participating in any activity.
Property: I understand that the Parties do not take any responsibility for personal property brought onto the premises by participants. I further acknowledge that if any damage to SquashBusters property or facilities occurs as a result of the participant’s willful actions, neglect, or recklessness, the participant will be held liable for any costs associated with such neglect of property.
Compliance with Rules: I have reviewed and understand the rules outlined by SquashBusters. I also understand that I am obliged to abide by these as well as any rules of conduct promulgated by the Parties. I understand that if I fail to follow the rules that any of the Parties shall have the right to dismiss me immediately and that further actions may be taken if necessary.
Medical Treatment: I understand that there may not be medical personnel available at the location of the Activity. I understand and agree that any of the Parties is granted permission to transport me to a medical facility and to authorize emergency medical treatment, if necessary and that such action shall be subject to the terms of this agreement. I understand and agree that none of the Parties assumes any responsibility for any injury or damage which might arise out of, or in connection with such authorized emergency medical treatment. I represent that I have adequate health insurance necessary to provide for and pay any medical costs that may be attendant as a result of injury or illness. I guarantee payment of all expenses incurred for transportation of the participant to and receiving emergency medical treatment.
Assumption of Risk, General Release of Liability, and Indemnification Agreement: In signing below, I acknowledge and agree, on behalf of myself and my child(ren) (named above), that the Activity involves inherent risks both known and unknown, foreseeable and unforeseeable for me/my child(ren), as applicable, including, for example and without limitation, the risk of property damage; serious bodily injury including but not limited to temporary or permanent muscle soreness; sprains; strains; cuts; bone fractures; abrasions; bruises; ligament and/or cartilage damage; head, neck or spinal injuries; paralysis; heart attack; eye damage, including blindness; disfigurement; dismemberment; permanent disability and death; and the acts, omissions and negligence of any of the Parties and other participants in the Activity (“Risks”). I knowingly, freely and voluntarily assume the Risks on behalf of myself and my child(ren). In consideration of being permitted to participate in the Activity, I, on behalf of myself, my spouse, my child(ren), my legal representatives, heirs, conservators, successors and assigns hereby release, acquit, discharge, covenant not to sue and hold harmless the Parties, and their agents, independent contractors, volunteers and participants from and against any and all actions, causes of actions, suits, claims, demands, liabilities, costs and expenses (including attorneys’ fees) of any kind or nature, both in law and equity, which I may have or acquire against the Parties, arising from or in connection with my or my child’s participation in the Activity, regardless of whether contributed to or caused by the actions, inactions, or ordinary negligence of the Parties. I further agree to defend, hold harmless and indemnify the Parties from and against any and all actions, causes of actions, suits, claims, demands, liabilities, costs and expenses (including attorneys’ fees) of any kind or nature, both in law and equity, that the Parties may suffer arising out of or in connection with my or my child’s participation in the Activity.
I warrant that I am fully able to enter into this release on behalf of myself, my spouse and my child and I understand and agree that this release shall be governed by and interpreted in accordance with, the laws of the Commonwealth of Massachusetts. I acknowledge and agree that children under the age of 18 (“Minors”) must be accompanied by a parent/guardian except in cases of scheduled lessons or clinics conducted and/or supervised by a SquashBusters staff member.
I have carefully read this agreement and fully understand its content. I am aware that this is an assumption of risk, release of liability and indemnification agreement, that it is a contract between myself and the Parties and sign it on my own free will.
