You acknowledge the inherent risks when using any type of fitness equipment, exercising or participating in any type of training or exercise activity at the Raritan Plaza II Gym (“Gym”). Because physical exercise can be strenuous, the Landlord, Northeast Carpenters Pension Fund (“Funds”) urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity at the Gym.
You agree that prior to using any type of fitness equipment, exercising or participating in any type of training or exercise activity at the Gym, you will inspect the Gym area and all equipment to be used, and if, through your inspection, you determine that anything related to the activity is unsafe, you will immediately advise an official of the Funds of this unsafe condition and will not participate until this condition is corrected.
You expressly agree to release and discharge the Funds, the Gym, and all employees, agents, representatives, trustees, administrators, successors and assigns (collectively “Releasees”) from any and all claims or causes of action, and you agree to voluntarily give up or waive any rights that you may otherwise have to bring a legal action against the Gym for demands, losses or damages on account of any bodily injury, death, loss of personal property or personal property damage caused or alleged to be caused in whole or in part by Releasees or any other party’s actions, inactions, or otherwise. This waiver and release of liability includes, without limitation, all injuries which may occur as a result of:
(a) Your use of all amenities and equipment in the facility and your participation in any type of training or exercise activity at the Gym;
(b) The malfunctioning of any equipment;
(c) Any instruction, training or supervision;
(d) Your slipping and/or falling while in the Gym, or on the Gym premises, including changing, locker room and shower areas.
You also waive any claims for loss or damage to personal property.
Any provision or portion of this waiver and release of liability found to be invalid by a court of competent jurisdiction shall be invalid only with respect to such provision or portion. Said provision or portion, as well as the remaining provisions or portions hereof, shall be construed and enforced to the same effect as if such offending provision or portion thereof had not been contained herein.