Member’s Health Warranty. Each Member and guest should be aware of his/her medical history and should consult with a physician prior to engaging in physical activity or continuing to be active if a medical condition appears or appears to be developing. The Member warrants and represents that she or he, and any family member or guest entitled to use the Club, will not participate in any activity that is detrimental to their health, safety, or physical condition. The Member acknowledges and agrees that: (i) the Club will rely on the foregoing in issuing the membership, (ii) the Club shall have no obligation to perform a fitness assessment or similar testing to determine the physical condition of any Member or guest, (iii) if any fitness assessment or similar testing is performed by the Club, it is solely for the purpose of providing comparative data with which the Member can track progress in a program and is not for diagnostic purposes, (iv) the Club shall not be subject to any claim, demand, or injury whatsoever on account of the Club’s evaluation or interpretation of such fitness assessment or similar testing, (v) the Club shall not be liable for any injury arising out of any disability, impairment or ailment that should have prevented a Member or Guest from engaging in activity.
Appears in 4 contracts
Samples: Membership Agreement, Membership Agreement, Membership Agreement
