FACILITY WAIVER

By entering this facility, you, warrant that you are either the parent or guardian of each minor child who enters this facility with you or you have been authorized by such minor child’s parent or guardian to enter the facility after that parent or guardian has acknowledged and agreed to the terms set forth below (each a “Child”). 

By entering this facility, you, for yourself and for any Child with respect to whom you are the parent or guardian or for the parent or guardian of any Child who enters the facility with you  (collectively referred to as “You”), hereby acknowledge and agree to the following:

• YOU UNDERSTAND THAT THERE ARE INHERENT RISKS ASSOCIATED WITH ENTERING THIS FACILITY, REGARDLESS OF YOUR PARTICIPATION IN PHYSICAL EXERCISE OR ATHLETIC TRAINING, INCLUDING BUT NOT LIMITED TO THE RISK OF ILLNESS, INJURY, OR DEATH;

• YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS, INJURIES, OR DAMAGES WHICH MIGHT OCCUR AS A RESULT OF YOUR PRESENCE IN THE FACILITY, REGARDLESS OF PARTICIPATION IN PHYSICAL EXERCISE OR ATHLETIC TRAINING;

• YOU AGREE TO COMPLY WITH ALL RULES AND REGULATIONS OF THE FACILITY AND TO FOLLOW THE INSTRUCTIONS OF ITS STAFF AND INSTRUCTORS;

• YOU RELEASE AND WAIVE ANY CLAIMS AGAINST UPSWING FOUNDATION AND ITS EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, OFFICERS, SERVICE PROVIDERS, MEMBER, ASSOCIATES, VOLUNTEERS, REPRESENTATIVES, AFFILIATES, AND SUCCESSORS, ARISING OUT OF OR ATTRIBUTED TO YOUR PRESENCE IN THE FACILITY, REGARDLESS OF WHETHER SUCH CLAIMS RESULT FROM THE NEGLIGENCE OF SUCH PARTIES, AND REGARDLESS OF YOUR PARTICIPATION IN PHYSICAL EXERCISE OR ATHLETIC TRAINING;

• IF YOU ARE PARTICIPATING IN ATHLETIC TRAINING ACTIVITIES AT THE FACILITY, YOU HAVE READ, UNDERSTAND, AND AGREE TO ALL TERMS AND CONDITIONS OF THE UPSWING FOUNDATION WARNING AND ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT.  COPIES ARE AVAILABLE AT THE RECEPTION DESK OR ONLINE AT: upswingfoundation.org/facilitywaiver/