I, the undersigned, acknowledge the inherent risks involved when using any type of fitness equipment, pools, other facilities or participating in any activity at Woodside, and in all other sports and training sessions relating therein. Accordingly, as consideration in exchange for being allowed to participate in any sporting activities and/or activities at Woodside, I agree to the following:
1. I acknowledge and fully understand that I will be engaging in activities that involve risk of serious injury, which may include permanent disability and even death, and severe social and economic losses which might result not only from my actions, but also from the action, inaction, or negligence of others, the rules of play, or the condition of the premises, or any equipment used, and further that there may be risks not known to me or not reasonably foreseeable. I recognize and agree that the reaction of my cardiovascular system to exercise activities cannot be predicted with complete accuracy. I also understand and agree that during or following periods of exercise, it is possible for any individual to develop abnormalities of blood pressure, heart rate, ineffective heart functions, or in rare instances, heart attack or cardiac arrest. I expressly assume all risks of injury, including death, which may occur in connection with my participation in activities at Woodside.
2. I agree to assume all the foregoing risks and accept full responsibility for my own damages following such injury, permanent disability, or death.
3. I release, waive, discharge, and agree not to sue WOODSIDE RACQUET CLUB MANAGEMENT, INC. D/B/A/ WOODSIDE and/or any subsidiaries and all its respective agents, affiliates, associates, officers, directors, owners and employees (collectively “Releasees”) from demands, losses, or damages on account of any bodilyinjury, death or property damage caused or alleged to be caused in whole or in part by Releasees or any other party’s actions, inactions, or otherwise. I also agree to indemnify Releasees from any and all thirdparty claims caused in whole or in part by my actions.
4. I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as Woodside may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency.
5. I expressly agree that the terms of release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of the state of Kansas. Any provision or portion of this Waiver, Release, and Indemnity Agreement found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion. The offending provision or portion shall be construed to the maximum extent possible to confer upon the parties the benefits intended thereby. Said provision or portion, as well as the remaining provisions or portion hereof, shall be construed and enforced to the same effect as if such offending provision or portion thereof had not been contained herein.
6. As a parent and natural guardian or legal guardian, I/we represent that I/we have complete and absolute authority to bind, contract for and legally act on behalf of the minor child listed on the membership; I/we believe and represent that I/we have the legal authority to make the waivers and releases contained herein. I/we understand and acknowledge that Woodside relies to its detriment on this representation. In consideration of my child or ward being permitted by Woodside to participate in its programs or activities, I further agree to indemnify and hold harmless Woodside from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.
7. Subject to applicable laws, I agree that Woodside, including its agents and affiliates, may contact me through any means (including an automated messaging system) at any mailing address, phone number (including any mobile or cellular phone number) or email address set forth in the membership agreement or subsequently provided by member to Woodside.
8. I grant Woodside the right, without reservation or limitation, to photograph, videotape, and/or record me and/ or my child(ren) while on Woodside premises and to use my or my child(ren)’s name, face, likeness, voice and appearance in connection with any marketing, publicity, advertising and promotional materials for Woodside. I have read the above Waiver, Release, and Indemnity Agreement and understand that by signing below, I have given up substantial rights freely, knowingly and voluntarily.