FREE PASS IS RESERVED FOR LOCAL RESIDENTS WHO ARE FIRST TIME CLUB VISITORS
1. DEFINITIONS. The term “Customer” means the person submitting this form. “RCSC” means LT Rock Creek, LLC dba Rock Creek Sports Club the “Club”.
2. AGE REQUIREMENT. Customer must be at least 18 years of age to be eligible to receive the 3-day pass. Customer must show a valid state issued form of identification prior to using the Club for the first time.
3. COMMUNICATION. Customer agrees to the use of e-mail, text messaging, mail, telephone (including cell phone), and any other form of communication via a mobile device, the internet, or other electronic or technology-based media as a form of personal and promotional communication with Club. Customer e-mail addresses will not be sold or rented to third parties. RCSC will remove Customer’s e-mail address from its database upon Customer’s written request.
4. CUSTOMER’S PHYSICAL CONDITION. Customer acknowledges that (i) Customer is voluntarily engaging in physical exercise, (ii) Customer has no congenital, physical, or mental health problems, including, without limitation, any cardiovascular, neurological, or any other illness, disability, disease, or other condition, that will prevent the Customer from exercising or participating in, and/or using, any equipment, facilities, programs, personal training instruction, classes, activities, and/or any other services or events provided by, or sponsored by RCSC whether on or off the Clubs premises (collectively, the “Club Facilities”) without injury to Customer or impairment of Customer’s health, (iii) Customer has consulted a licensed physician concerning an exercise program that will not subject Customer to risk of injury or impairment of health and Customer’s physician has approved Customer’s contemplated participation in and/or use of Club Facilities, and (iv) no employee of RCSC has given Customer any medical advice and Customer is relying solely on the advice of Customer’s physicians regarding Customer’s ability to exercise or participate in, and/or use, any Club Facilities. If Customer has any special exercise requirements or limitations, Customer shall disclose them to the Club in writing before participating in or using, or when seeking help or advice regarding, any Club Facilities.
5. ASSUMPTION OF RISK. Customer understands that engaging in physical activities and participation in and/or use of the Club Facilities involves an inherent risk of loss or injury to persons or property. Customer further understands that this risk includes, without limitation, loss or injury arising from or relating to (i) Customer’s participation in and/or use of the Club Facilities, whether supervised or unsupervised and whether on or off Club premises; (ii) any dietary recommendations by any Club staff; (iii) medical disorders resulting from Customer’s participation in and/or use of the Club Facilities including, without limitation, death, serious neck and spinal injuries resulting in complete or partial paralysis, heart attacks, stroke, injury to bones, joints, or muscles, and complications or other consequences relating thereto; (iv) accidents (whether caused by Customer or any other person), including, without limitation, slip and fall accidents in or around Club premises (including, without limitation, hallways, locker rooms, lobbies, wet areas, and parking areas), while participating in and/or using Club Facilities or traveling to/from a Club; (v) theft or loss of personal property (including, without limitation, personal property kept in lockers); and (vi) theft or loss of property while using Club Facilities. Customer expressly agrees that Customer (a) is participating in and/or using the Club Facilities at Customer’s sole risk with knowledge of the dangers involved, and (b) to the extent permitted under applicable law, assumes all risk of loss and/or injury to persons or property (including, without limitation, the risks enumerated above) and full responsibility for such loss or injury whether due to participating in and/or using the Club Facilities, improper supervision or instruction, or for any other reason whatsoever, including, without limitation, ordinary negligence on the part of RCSC or its respective principals, contractors, employees, equity holders, directors, officers, agents, representatives, successors, assigns, guests, or invitees (“Party”) (each such injury or loss, a “Loss”). Customer is cautioned against bringing valuables onto Club premises. Without limiting anything set forth in this Waiver, all personal effects, automobiles, and other property brought by the Customer onto Club premises shall be solely the Customer’s responsibility, and no Party shall be liable for any damage, destruction, theft, or other Loss of such personal property.
6. WAIVER AND RELEASE OF LIABILITY. To the extent permitted under applicable law, Customer (a) waives any and all claims and rights that Customer may now or hereafter have against any Party for any Loss; and (b) releases, discharges, holds harmless, and indemnifies each Party from, and covenants not to sue any Party with respect to, any and all now existing or hereafter arising claims, losses, injuries (including, without limitation, death), causes of action, suits, judgments, demands, fees, costs, expenses (including, without limitation, attorneys’ fees, costs, and expenses), damages, and other liabilities with respect to any Loss. Customer acknowledges that Customer (i) has carefully read this Section and fully understands its terms; and (ii) to the extent permitted under applicable law, is waiving any right to bring any action against any Party with respect to any Loss. This Section, including the indemnification and hold harmless obligations and liabilities, shall survive the execution, delivery, and expiration or earlier termination of this Agreement.