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Legal

Release of Liability, Assumption of Risk & Participation Agreement


PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS.

In consideration for being permitted to enter, use, participate in activities at, or otherwise access Grosse Ile Athletic Club (“GIAC”), including its facilities, equipment, courts, classes, programs, services, events, and activities, I acknowledge and agree to the following:

1. ACTIVITIES COVERED BY THIS AGREEMENT

This Agreement applies to my participation in or use of any GIAC facility, service, program, or activity, whether supervised or unsupervised, including but not limited to:

  • Strength training, cardiovascular exercise, and general fitness activities;
  • Exercise machines, free weights, resistance equipment, and other fitness equipment;
  • Tennis, pickleball, court rentals, open play, lessons, clinics, leagues, tournaments, and related activities;
  • Pilates, stretching, mobility, conditioning, group fitness, private instruction, and other classes or training;
  • Personal training, coaching, instruction, demonstrations, and assessments;
  • Locker rooms, changing areas, common areas, parking areas, walkways, and other portions of the premises;
  • Special events, competitions, social activities, and other programs hosted, sponsored, or organized by GIAC.

Collectively, these are referred to in this Agreement as the “Activities.”

2. ACKNOWLEDGMENT AND ASSUMPTION OF RISK

I understand that physical exercise, athletic activities, sports, and the use of fitness facilities and equipment involve inherent and other risks that cannot be completely eliminated, regardless of the care taken to avoid injury.

These risks may include, without limitation:

  • Slips, trips, and falls;
  • Muscle strains, sprains, tears, fractures, or other orthopedic injuries;
  • Contact or collisions with other participants, instructors, equipment, walls, nets, fencing, balls, paddles, racquets, weights, or other objects;
  • Improper use, malfunction, movement, or failure of equipment;
  • Falling weights or equipment;
  • Overexertion, dehydration, dizziness, fainting, fatigue, or heat-related illness;
  • Cardiovascular events or other serious medical emergencies;
  • Aggravation of pre-existing injuries or medical conditions;
  • Injuries resulting from the actions, inactions, errors, or judgment of myself or other participants;
  • Exposure to communicable illnesses or other environmental conditions; and
  • Serious bodily injury, permanent disability, paralysis, or death.

I understand that this list is not exhaustive.

I KNOWINGLY AND VOLUNTARILY ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, PROPERTY DAMAGE, OR DEATH ARISING FROM OR RELATED TO MY PARTICIPATION IN THE ACTIVITIES OR USE OF GIAC’S FACILITIES, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, TO THE FULLEST EXTENT PERMITTED BY LAW.

3. RELEASE AND WAIVER OF LIABILITY

To the fullest extent permitted by applicable law, I hereby release, waive, and discharge Grosse Ile Athletic Club and its owners, members, managers, officers, directors, employees, instructors, trainers, coaches, contractors, agents, representatives, affiliates, landlords, property owners, successors, and assigns (collectively, the “Released Parties”) from any and all claims, demands, causes of action, liabilities, damages, losses, costs, or expenses arising out of or related to my participation in the Activities or my presence at or use of GIAC.

THIS RELEASE EXPRESSLY INCLUDES CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF GIAC OR ANY OTHER RELEASED PARTY, including negligent acts or omissions relating to the condition of the premises, supervision, instruction, equipment, maintenance, operation of the facility, or conduct of Activities, to the fullest extent such claims may legally be released.

This Agreement is not intended to release liability that cannot legally be waived under applicable law.

4. HEALTH AND FITNESS TO PARTICIPATE

I represent that I am physically capable of participating in the Activities I choose to undertake.

I understand that GIAC does not provide medical examinations or determine whether I am medically fit to participate. I am responsible for determining whether any Activity is appropriate for me and for consulting a physician or other qualified healthcare professional when appropriate.

I agree that I will:

  • Stop participating if I experience unusual pain, dizziness, shortness of breath, weakness, or other concerning symptoms;
  • Inform an instructor, trainer, or staff member of any relevant injury, physical limitation, or condition when necessary for safe participation; and
  • Exercise within my own abilities and limitations.

Participation in any GIAC class, lesson, training session, or Activity does not create a medical or healthcare provider relationship.

5. EQUIPMENT AND FACILITY USE

I agree to use GIAC facilities and equipment only for their intended purposes and in accordance with posted instructions, staff directions, facility policies, and generally accepted safe practices.

I accept responsibility for inspecting equipment before use and for discontinuing use and notifying GIAC staff if I believe equipment is damaged, unsafe, or malfunctioning.

I understand that GIAC cannot guarantee that equipment, courts, flooring, surfaces, or other areas of the facility will be free from every defect, hazard, or risk.

6. SPORTS, COURTS, AND INSTRUCTION

I understand that tennis, pickleball, and other sports involve rapid movement, physical exertion, sudden changes in direction, collisions, falls, and contact with balls, racquets, paddles, nets, court surfaces, other players, and surrounding structures.

I understand that instruction, coaching, recommendations, or demonstrations provided by GIAC staff or independent instructors cannot eliminate the risks associated with athletic participation.

I remain responsible for deciding whether I am capable of performing any movement, exercise, drill, or activity.

7. EMERGENCY MEDICAL CARE

If I become injured or experience a medical emergency while at GIAC and I am unable to provide instructions, I authorize GIAC personnel to contact emergency medical services and to take reasonable steps they believe are appropriate under the circumstances.

I understand that GIAC personnel may not be medical professionals and that GIAC does not guarantee the availability of medical assistance.

I am financially responsible for any ambulance, hospital, physician, emergency, or other medical expenses incurred on my behalf.

8. PERSONAL PROPERTY

I understand that GIAC is not responsible for the loss, theft, disappearance, or damage of clothing, electronics, vehicles, valuables, equipment, or other personal property brought onto GIAC property, except to the extent responsibility cannot legally be waived.

I understand that lockers, cubbies, racks, and other storage areas are provided for convenience and do not constitute a guarantee of security.

9. RULES AND CONDUCT

I agree to comply with GIAC policies, posted rules, safety requirements, staff instructions, court rules, equipment guidelines, reservation policies, and standards of conduct.

I understand that GIAC may restrict or terminate my participation or access if I engage in unsafe, disruptive, abusive, destructive, or otherwise inappropriate conduct or violate GIAC policies.

10. RESPONSIBILITY FOR DAMAGE

I accept responsibility for damage to GIAC property or equipment caused by my intentional misconduct, reckless behavior, or misuse of the property or equipment.

11. INDEMNIFICATION

To the fullest extent permitted by law, I agree to indemnify and hold harmless the Released Parties from claims, losses, liabilities, damages, or expenses arising from my own negligent, reckless, intentional, or unauthorized conduct while participating in Activities or using GIAC facilities.

12. GOVERNING LAW AND SEVERABILITY

This Agreement shall be governed by the laws of the State of Michigan.

If any provision of this Agreement is determined to be invalid, unlawful, or unenforceable, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

This Agreement is intended to be interpreted as broadly as permitted by Michigan law.

13. CONTINUING AGREEMENT

Unless GIAC provides otherwise in writing, this Agreement applies to my present and future visits, memberships, reservations, classes, programs, activities, and use of GIAC facilities.

I understand that changes in the Activities offered by GIAC do not require execution of a new waiver unless GIAC determines otherwise.

14. ACKNOWLEDGMENT

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS.

I understand that:

  • Participation in physical and athletic activities involves risks of serious injury or death;
  • I am voluntarily assuming those risks;
  • I am releasing certain legal claims, including certain claims involving the ordinary negligence of GIAC and the Released Parties;
  • I have had an opportunity to ask questions before agreeing; and
  • I am entering into this Agreement voluntarily and without coercion.

I understand that an electronic signature, electronic acknowledgment, checkbox acceptance, or other electronic acceptance of this Agreement is intended to have the same force and effect as my handwritten signature to the fullest extent permitted by law.


PARTICIPANT

Participant Full Name: ______________________________________

Date of Birth: ______________________________________________

Email: _____________________________________________________

Phone: _____________________________________________________

Signature: _________________________________________________

Date: ______________________________________________________


PARTICIPANTS UNDER 18

If the participant is under 18 years of age, the participant’s parent or legal guardian must complete this section.

I certify that I am the parent or legal guardian of the minor participant identified below and that I have authority to consent to the minor’s participation.

I have read and understand the risks described in this Agreement and voluntarily give permission for the minor to participate in GIAC Activities.

I acknowledge that athletic and recreational activities involve inherent risks of injury and that the minor’s participation is voluntary.

I authorize emergency medical care for the minor under the conditions described above.

I understand that the legal effect of a parent or guardian’s pre-injury release of claims belonging to a minor may be limited by applicable Michigan law. This Agreement is therefore intended to release claims and impose obligations only to the fullest extent legally permitted.

Minor Participant Name: _____________________________________

Minor Date of Birth: ________________________________________

Parent/Guardian Name: ______________________________________

Relationship to Minor: ______________________________________

Parent/Guardian Signature: __________________________________

Date: ______________________________________________________