This Agreement provides for the use of the Club at Twin Lakes facilities and/or equipment as set forth in the attached Use of Facility Request Form (hereinafter collectively called the “Facilities”). IN CONSIDERATION of being permitted to utilize the Facilities and FOR PAYMENT of the use charges set forth in said Use of Facility Request Form, the User, for itself and all its directors, officers, program participants, employees, agents and assignees, agrees and represents that it has or will inspect and carefully evaluate such Facilities. It is further agreed and represented that use of the Facilities constitutes an acknowledgement that such Facilities have been inspected and carefully evaluated and that same are found and accepted as being safe and reasonably suited for the intended use.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER THE CLUB FOR ANY PURPOSE CONSISTENT WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO EVALUATION OR USE OF THE FACILITIES, THE USER HEREBY AGREES TO THE
1. THE USER for itself and all its directors, officers, program participants, employees, agents and assignees, HEREBY RELEASES, WAIVES,
DISCHARGES AND COVENANTS NOT TO SUE the CLUB, its branches, directors, trustees, managers, officers, employees, volunteer staff and agents
(hereinafter referred to as the “Releasees”) for any loss or damage, and any claim or demands therefore, on account of injury to person or property, including such that results in death, whether caused by the negligence of the Releasees or otherwise, while the User or its directors, officers, program participants, employees, agents or assigns are in, upon, or about the Facilities.
2. THE USER HEREBY AGREES TO INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS the Releasees and each of them from all losses, liabilities, damages, or costs they may incur arising from use of the Facilities, regardless of whether such losses, liabilities, damages or costs were caused by the sole or partial fault of any of the Releasees.
2. THE USER for itself and all its directors, officers, program participants, employees, agents and assignees HEREBY ASSUMES FULL RESPONSBILITY FOR ALL RISK OF BODILY INJURY, DEATH, OR
PROPERTY DAMAGE that may be incurred arising from the use of the Facilities, regardless of whether such bodily injury, death or property damage is due to the sole or partial fault of any of the Releasees.
3. THE USER for itself and all its directors, officers, program participants, employees, agents and assignees further expressly agrees that the foregoing
RELEASE AND WAIVER OF LIABILITY AND INDEMNITY
AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the State of Pennsylvania and that if any portion thereof is held invalid, agrees that the balance shall, notwithstanding, continue in full legal force and effect.
IT IS FURTHER MUTUALLY AGREED between the parties that:
The User shall not violate any city or state ordinance or law or any rule or
regulation of the CLUB in or about the Facilities.
(a) The User shall not assign this Agreement without written consent of the
(b) The User shall provide certificates of workers’ compensation insurance
and of general liability and automobile liability insurance. The general
liability and automobile liability insurance shall each have limits of
(c) The User shall name the CLUB as an additional insured on its general
liability policy and provide for notice to the CLUB of cancellation.
(d) The User shall provide adequate supervision of all activities contemplated
Agreement and agrees that the CLUB shall have no responsibility for
(e) No provision herein will be construed against either party on the grounds
that that party drafted the language in question.
(f) The USER is responsible for participant waivers as attached.
THE USER HAS READ AND VOLUNTARILY SIGNS THIS USE OF FACILITIES AGREEMENT AND THE INCORPORATED RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements, or inducements inconsistent with the foregoing written Agreement shall have any effect whatsoever.