1. In consideration for permission to participate in Exercise classes on the premises of Port Washington Public Library (the “Library”), I hereby release, waive, discharge and covenant not to sue the Library and its trustees, officers, servants, agents and employees (hereinafter referred to as “releasees”) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any loss, damage or injury, including death, that may be sustained by me, or to any property belonging to me, whether caused in whole or in part by the negligence of the releasees, or otherwise, while engaging in an activities related to any Exercise class or while in, on or upon the Library premises where the Exercise class is being conducted or in any place or places connected with the Exercise class.
2. I am fully aware of risks and hazards connected with being on the Library premises and participating in Exercise, and I am fully aware that there are risks and hazards connected with Exercise both known and unknown to me. By executing this waiver, I acknowledge that I am medically capable and properly trained to participate and that it is not the responsibility of the releases to make sure that I am medically capable and properly trained to participate in this activity. I further acknowledge that the Library is not a place of recreation or amusement as that term is used in General Obligations Law § 5-326.
3. I hereby recognize that participation in Exercise classes is completely voluntary on my part. I elect to voluntarily participate in Exercise, to enter upon the premises and engage in activities knowing that conditions may be hazardous, or may become hazardous or dangerous to me and my property. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me, or any loss or damage to property owned by me, as a result of my being a participant in any such Exercise class, whether caused by the negligence of releasees or otherwise.
4. To the fullest extent permitted by law, I agree to defend, indemnify and save and hold the releasees harmless from and against any loss, liability, damage or costs including reasonable attorneys’ fees, whether incurred as a result of my participation in Exercise classes or to enforce this agreement; whether caused in whole or in part by the negligence of any or all of the releasees.
5. It is my express intent that this Release shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a Release, Waiver, Discharge and Covenant Not to Sue the above named releasees.
6. In signing this release, I acknowledge and represent that:
A. I have read the foregoing release, understand it, and sign it voluntarily as my own free act and deed;
B. No oral representation, statements or inducements, apart from the foregoing written agreement, have been made;
C. I am at least eighteen (18) years of age and fully competent; and
D. I execute this Release for full, adequate and complete consideration fully intending to be bound by same.