CITY OF HOUSTON, TEXAS WAIVER AND RELEASE OF LIABILITY AGREEMENT
I, (Participant), wish to participate in the City of Houston (City) City Fit Employee Wellness Program (Program). I have read and understood all rules and requirements for my participation in the Program and further understand that the Program incorporates fitness classes (Classes) that require active participation through physical activity.
I am voluntarily participating in the Program and the Classes at my own risk. I understand that there may be risks and hazards related to participating in the Classes. I have been advised to consult my physician if I have any questions as to whether I am fit to participate in the Classes.
I agree to be responsible for monitoring my own condition throughout participation in the Program.
I acknowledge that my participation is: (1) voluntary; (2) not within the scope of my employment; and (3) not required as a condition of my employment. I further understand and agree that I will NOT receive any compensation, wages, workers compensation, or the like for my participation in the Program.
In the event that I am physically injured or otherwise require emergency care, I give permission for the City to secure from any licensed hospital, physician, or medical personnel, any treatment considered necessary for any immediate care. I agree to be responsible for payment of any and all medical services provided to me.
I agree to the following RELEASE provision:
I, THE UNDERSIGNED, HEREBY RELEASE, ACQUIT AND FOREVER DISCHARGE THE CITY OF HOUSTON, TEXAS, TOGETHER WITH ITS FORMER AND PRESENT ELECTED AND APPOINTED OFFICIALS, LEGAL REPRESENTATIVES, EMPLOYEES, AGENTS, SERVANTS, VOLUNTEERS, SUCCESSORS, ASSIGNS AND ALL AFFILIATED PERSONS AND ENTITIES (COLLECTIVELY, THE CITY) OF, FROM AND AGAINST ANY AND ALL LIABILITIES OF EVERY KIND, CLAIMS AND CAUSES OF ACTION, KNOWN AND UNKNOWN, WHETHER AT LAW OR IN EQUITY, IN CONTRACT OR TORT, UNDER STATUTORY OR COMMON LAW OR PURSUANT TO THE TEXAS OR UNITED STATES CONSTITUTIONS, LOSSES, JUDGMENTS (INCLUDING ALL EXPENSES OF LITIGATION, COSTS, AND ATTORNEYS FEES), FINES, DEMANDS, DAMAGES, LOSS OF USE OR SERVICES, OR INJURIES TO REAL AND/OR PERSONAL PROPERTY AND/OR PERSONS (INCLUDING DEATH) (COLLECTIVELY, THE CLAIMS), CAUSED BY, ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN ANY WAY TOUCHING UPON ANY EVENT, CIRCUMSTANCE OR TRANSACTION RELATING TO MY PARTICIPATION IN THE PROGRAM AND/OR THE PRESENCE, MALFUNCTION, MAINTENANCE, ADDITION OR SUBSTITUTION OF ANY PROPERTY OWNED, LEASED, OPERATED, OR UTILIZED BY THE CITY IN CONNECTION WITH THE PROGRAM EVEN IF THE CLAIM IS THE RESULT OF THE ACTUAL OR ALLEGED SOLE NEGLIGENCE OF THE CITY AND/OR THE ACTUAL OR ALLEGED JOINT OR CONCURRENT NEGLIGENCE OF THE CITY AND ANY OTHER PERSON OR ENTITY AND/OR THE ACTUAL OR ALLEGED STRICT, STATUTORY OR CONSTITUTIONAL LIABILITY OF THE CITY.
In the event any provision of this Agreement is found to be legally invalid or unenforceable for any reason, all remaining provisions will remain in full force and effect.