SunUte Community Center

SunUte Community Center

BY PARTICIPATING IN THIS ON-LINE EXERCISE PROGRAM, YOU AGREE TO THE TERMS BELOW

Agreement to Assume Risks, Waive and Release Liability, and Indemnify

In exchange for participating in on-line exercise programs hosted by SunUte Community Center, I agree to the following:

1. Assumption of Risk. There are dangers inherent in participating in any exercise program, including on-line exercise programs hosted by the SunUte Community Center. The risk of personal injury or death from participation in on-line exercise programs hosted by the SunUte Community Center is significant and includes, without limitation, injuries (including heatstroke, concussion, paralysis, cardiovascular attacks, and breaks, sprains or tears) or death caused by, among other things:

• Engaging in physical activity, even where the instructions of the trainer are followed;
• Use of any exercise equipment, mechanical or otherwise
• Known and unknown physical or medical conditions being made worse by high levels of activity, and
• SunUte Community Center’s negligence, whether direct or indirect

I understand that I should obtain a medical evaluation from a qualified health care provider before engaging in any exercise program. I knowingly assume all risks of my participation in on-line exercise programs hosted by the SunUte Community Center, including death and injuries, whether identified above or not, and assume full responsibility for my participation. I agree on behalf of myself and anyone participating in the on-line exercise programs in my presence.

2. Waiver and Release of Liability. For myself and my heirs, I waive and release the Southern Ute Indian Tribe d/b/a SunUte Community Center, its Tribal Council members, appointed officials, employees, and agents and their respective heirs, administrators, and assigns (collectively “released parties”) from any and all claims, liabilities, causes of action, and damages that in any way arise out of, are connected with, or result from my participation in on-line exercise programs hosted by the SunUte Community Center.
3. Agreement to Pay Costs and Attorney Fees. For myself and my heirs, I agree that if I make any claim or bring any suit against the released parties that in any way arises out of my participation in on-line exercise programs hosted by the SunUte Community Center, and such claim or suit is determined by a court of competent jurisdiction to have arisen out of the dangers inherent in my participation in livestreamed exercise programs hosted by the SunUte Community Center rather than other wrongful action of the released parties, I will pay the costs and attorney fees incurred by the released parties in (1) the defense of such claim or suit, (2) the enforcement of this agreement, and (3) the collection of such costs and attorney fees.
4. I agree to defend and indemnify the released parties for any loss or damage that results from claims or lawsuits for personal injury, death and/or property loss or damage related in any way to my participation in on-line exercise programs hosted by the SunUte Community Center.
5. Governing Law, Forum, and Non-Waiver of Immunity. Any disputes arising from this agreement will be resolved in the Southern Ute Indian Tribal Court and tribal law governs this agreement. Nothing in this agreement waives any immunity of the Southern Ute Indian Tribe d/b/a SunUte Community Center and that of any of its officials and employees.
6. PARTICIPANTS UNDER 18 YEARS OF AGE SHOULD ONLY PARTICIPATE WITH SUPERVISION FROM AN ADULT. If I am a parent or guardian of a minor child who I am allowing to participate in on-line exercise programs hosted by the SunUte Community Center, I verify I understand that (1) the SunUte Community Center does not supervise minors during on-line exercise programs and (2) participants who are under 18 years of age may not always be aware of the inherent risks associated with participation in the on-line exercise programs hosted by the SunUte Community Center. In addition to the terms of the agreement set forth above, therefore, I agree that it is my duty and responsibility, as either a parent or guardian, or as the adult in whose care the participant has been entrusted, to provide supervision to protect the child from harm associated with participation in on-line exercise programs hosted by the SunUte Community Center. I further agree to defend and indemnify the Southern Ute Indian Tribe d/b/a SunUte Community Center, its Tribal Council members, appointed officials, employees, and agents and their respective heirs, administrators, and assigns from any claim or cause of action that may be asserted or damages that may be incurred by reason of injury or death to said minor child.
7. I further expressly agree that this agreement is intended to be as broad and inclusive as permitted by the Southern Ute Indian Tribe’s laws and that if any portion is held invalid, I agree that the remaining portions of the agreement remain in full force and effect.