Common use of MEMBER RISK Clause in Contracts

MEMBER RISK. Member and Member’s guests shall hold harmless Owner and all of Owner’s members, managers, officers, employees, affiliates, agents and representatives from any loss, theft, cost, claim, injury, damage or liability (“Damages’) incurred as a result of the use of the Facility and any other membership activities, except such Damages which result from the willful mis- conduct or gross negligence of Owner, its affiliates, agents or employees. (2.1) Member’s Health Warranty. Member and Buyer represent that Member is in good health and has no disability, impairment, injury, disease, or ailment, preventing him or her from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. Member assumes full responsibility for his or her use of the Facility and shall indemnify Owner and all of Owner’s members, managers, officers, employees, affiliates, agents and representatives, against any and all Damages arising out of Member’s use of the facilities except as otherwise set forth in these Terms and Conditions. Physical examinations by Member’s physician are recommended for members before commencing any exercise program, and especially for Members who are at risk, including but not limited to elderly or pregnant Members, or Members unaccustomed to physical exer- tion, or who have physical limitations, a history of high blood pressure, heart problems or other chronic illnesses, or members who have a history of heart disease.