Waiver of Liability Claim. As a user of the Xxxx Xxxxxx Memorial Hospital’s Xxxxxx Xxxxxx Health and Fitness Center (BHHFC), I recognize that a fitness program and the use of the exercise equipment and other facilities provided by the fitness center entail risk of accidental injury or death. I hereby, on behalf of myself, my heirs, my executors and administrators, covenant and agree to release, indemnify and hold harmless BHHFC, its owners, employees, contractors and agents, along with any personal trainer or fitness class instructor utilizing BHHFC, from any and all losses, cost, claims, damages, injuries, thefts or liabilities, whatsoever, whether or not based on negligence, strict liability or other theory of contract or tort, arising out of or in any way connected with my participation. I acknowledge to the best of my ability that I am in good health and have no known medical problems that would restrict my ability to participate in exercising and understand I should consult a physician before engaging in any exercise program. I acknowledge and agree to abide by the rules and regulations of BHHFC as they are in effect now or as they may be amended. If I am applying for a membership at BHHFC, I hereby agree to and accept the terms and conditions of the membership agreement, including any terms and conditions of membership presented to me. I do hereby allow the BHHFC to use any photographs taken of me at BHHFC to be used in informational publications and advertising released to the general public Indemnification • I agree to indemnify and hold harmless the PHHFC and POMH from and against any and all claims, liabilities, suits, costs, expenses and damages, including reasonable attorneys’ fees, arising out of my and my participants/invitiees use of BHHFC. This provision shall survive termination of this agreement and/or the revocation of my license to use BHHFC. (initials)
Waiver of Liability Claim. To the extent permitted under Swiss and other applicable laws, the Company waives, and undertakes to cause its Affiliates to waive, any claims it may have against the Indemnitee for loss, damage or costs however caused to the Company or any Affiliates arising out of or in connection with the performance of the Indemnitee’s functions for the Company or an Affiliate in a Qualified Position, unless such loss, damage or cost has been caused by actions or omissions which, as determined by a competent court or as would be prima facie apparent, constitute an intentional or grossly negligent breach of the Indemnitee’s statutory duties.
