OAKS NORTH COMMUNITY
CENTER, INC.
“A Senior
Citizen Housing Development”
12578 OAKS NORTH DRIVE SAN DIEGO,
CALIFORNIA 92128‑1699
TELEPHONE (858) 487‑0120
§ FAX (858) 487‑5328
www.oaksnorth.org
RELEASE AND WAIVER OF
LIABILITY AGREEMENT
COVENANT NOT TO SUE AND EXPRESS ASSUMPTION OF RISK
OF INJURY
INTRODUCTION
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Initials 1. By signing this three (3) page document, you GIVE UP YOUR
RIGHT TO SUE the Oaks North Community Center, Inc., or any of its
agents or employees, if you become injured or die while in the exercise area. EVEN
IF YOUR INJURY OR DEATH WAS CAUSED BY THE NEGLIGENCE OF THE OAKS NORTH
COMMUNITY CENTER. INC. OR ONE OF ITS AGENTS OR EMPLOYEES.
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Initials 2. Exercising involving the use of exercise equipment which may cause
injury is inherently dangerous.
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Initials 3. By signing below, and on other pages of this document, you
acknowledge that you understand that there are no guarantees of safety and that
you and your spouse, heirs or representatives cannot sue the Oaks North
Community Center, Inc. or any of its agents, employees, or representatives for
damages should you be injured or killed on the exercise premises.
BY MY INITIALS ABOVE, I
SIGNIFY THAT I HAVE READ EACH OF THE FOREGOING PROVISIONS.
BY MY INITIALS AND
SIGNATURE BELOW AND ON THE FOLLOWING TWO (2) PAGES, I SIGNIFY THAT I UNDERSTAND
THE DANGERS INHERENT IN USING THE EXERCISE AREA AND AGREE THAT BY MY SIGNATURE
AND INITIALS ON THIS PAGE, AND ON THE FOLLOWING TWO (2) PAGES, I VOLUNTARILY
RELEASE, WAIVE AND DISCHARGE THE OAKS NORTH COMMUNITY CENTER, INC., AND ALL
AGENTS, EMPLOYEES, AND REPRESENTATIVES THEREOF, FROM ALL LIABILITY FOR MY
INJURY OR DEATH. CAUSED BY THEIR ACTIVE OR PASSIVE NEGLIGENCE OR BASED UPON
STRICT OR VICARIOUS LIABILITY IN TORT.
I VOLUNTARILY ASSUME ALL
RISK OF INJURY.
CAUTION: DO NOT
SIGN WITHOUT READING
DATE:____________________________________
__________________________________________
Releaser's Signature
__________________________________________
Name Printed
Membership
No.____________________________
OAKS NORTH COMMUNITY
CENTER, INC.
“A Senior Citizen
Housing Development”
12578 OAKS NORTH DRIVE SAN DIEGO,
CALIFORNIA 92128‑1699
TELEPHONE (858) 487‑0120 § FAX (858) 487‑5328
www.oaksnorth.org
RELEASE AND WAIVER OF
LIABILITY AGREEMENT
COVENANT NOT TO SUE AND EXPRESS ASSUMPTION OF RISK
OF INJURY
IN CONSIDERATION OF BEING
PERMITTED TO ENTER THE EXERCISE ROOM AREA AND USE THE EQUIPMENT LOCATED
THEREIN, I ______________________________________________
Print Your Name
FOR MYSELF, MY PERSONAL
REPRESENTATIVES, MY HEIRS, AND MY NEXT OF KIN:
_________
Initials 1. HEREBY ACKNOWLEDGE that I have VOLUNTARILY
applied for permission to enter the RESTRICTED EXERCISE AREA of
the Oaks North Community Center.
_________
Initials 2. HEREBY ACKNOWLEDGE THAT I AM FULLY AWARE
that FOR
MY OWN PROTECTION I must consult my physician before beginning a
program of exercise.
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Initials 3. DECLARE THAT I AM FULLY AWARE that the premises are INHERENTLY
DANGEROUS and that the exercise area is inherently dangerous and that I
may become injured or killed.
_________
Initials 4. With full knowledge of the dangers involved, I
nevertheless voluntarily wish to enter the RESTRICTED EXERCISE AREA.
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Initials 5. IN EXCHANGE for being permitted to
enter the premises and use the equipment therein, for myself, and my heirs,
successors and assigns, I HEREBY RELEASE, WAIVE AND DISCHARGE the Oaks
North Community Center, Inc., any of its agents, or any of its employees, from
any and all liability to me and/or my family, heirs, and assigns, as a result
of any injury or death arising from use of, or presence in, the Exercise Room,
even if said injury was caused by the PASSIVE OR ACTIVE NEGLIGENCE
of the Oaks North Community Center, Inc., any of its agents, or any of its
employees and also RELEASE, WAIVE AND REMISE any and all claims
based upon strict liability in tort or upon vicarious responsibility. For
myself and my heirs, successors and assigns, I also covenant not to sue the
said persons or entities for any claim arising from such injury or death.
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Initials 6. I HEREBY ASSUME FULL RESPONSIBILITY for and risk of bodily
injury, death or property damage due to the active or passive negligence of the
Oaks North Community Center, Inc., any of its agents, or any of its employees
and for all claims based upon strict or vicarious liability.
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Initials 7. I UNDERSTAND that some of the exercise
equipment In the exercise area may be dangerous if used either correctly or incorrectly
and further that some of the equipment may have been modified; I HEREBY
RELEASE the Oaks North Community Center, Inc., all of its agents and
all of its employees from any liability due to the modification unfitness, lack
of repairs or any other manufacturing or design defects connected with the
equipment contained in the Exercise area or In the premises themselves.
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Initials 8. If any portion of this contract is adjudicated
unenforceable, said portion will be severed; the remaining portion will remain
in full force and effect.
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Initials I HAVE READ AND VOLUNTARILY SIGN THIS
RELEASE AND WAIVER OF LIABILITY AGREEMENT, and further agree that no
oral representations, statements, or inducements apart from the foregoing
written agreement have been made.
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Initials I ACKNOWLEDGE
THAT I HAVE BEEN OFFERED AN OPPORTUNITY TO HAVE THIS AGREEMENT REVIEWED BY MY
ATTORNEY AND I HAVE SATISFIED MYSELF THAT I UNDERSTAND THE AGREEMENT AND WISH
TO EXECUTE IT. I ACKNOWLEDGE THAT IF
ANY ACTION IS BROUGHT IN WHICH THIS AGREEMENT IS OFFERED AS A DEFENSE, OR FOR
THE PURPOSE OF INTERPRETING THIS AGREEMENT AND DECLARING RIGHTS AND OBLIGATIONS
THEREUNDER THAT THE PREVAILING PARTY WILL BE ENTITLED TO REASONABLE ATTORNEY
FEES AND COSTS.
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Initials I
UNDERSTAND THAT, BY SIGNING BELOW, I RELEASE THE OAKS NORTH COMMUNITY CENTER,
INC., ALL ITS EMPLOYEES AND ALL OF ITS AGENTS, FROM ANY LIABILITY OR CLAIM FOR
DAMAGES IF I AM INJURED OR KILLED BY THEIR ACTIVE OR PASSIVE NEGLIGENCE, AND
FROM ANY AND ALL LIABILITY FOR INJURIES RECEIVED BY ME DURING THE USE OF THE
EXERCISE ROOM FACILITIES AND EQUIPMENT AT THE OAKS NORTH COMMUNITY CENTER,
PROVIDED THE NEGLIGENCE OF THE OAKS NORTH COMMUNITY CENTER IN NO WAY
CONTRIBUTES TO SUCH INJURIES.
CAUTION: DO NOT
SIGN WITHOUT READING
OAKS NORTH COMMUNITY
CENTER, INC. RELEASER
By:__________________________________ ________________________________________
HONORIA BUNNELL, MANAGER SIGNATURE
________________________________________
NAME PRINTED
MEMBERSHIP
NO.________________________