Common use of Member’s Health Warranty Clause in Contracts

Member’s Health Warranty. Each Member and guest should be aware of his/her medical history and should consult with a physician prior to engaging in physical activity or continuing to be active if a medical condition appears or appears to be developing. The Member warrants and represents that she or he, and any family member or guest entitled to use the Club, will not participate in any activity that is detrimental to their health, safety, or physical condition. The Member acknowledges and agrees that: (i) the Club will rely on the foregoing in issuing the membership, (ii) the Club shall have no obligation to perform a fitness assessment or similar testing to determine the physical condition of any Member or guest, (iii) if any fitness assessment or similar testing is performed by the Club, it is solely for the purpose of providing comparative data with which the Member can track progress in a program and is not for diagnostic purposes, (iv) the Club shall not be subject to any claim, demand, or injury whatsoever on account of the Club’s evaluation or interpretation of such fitness assessment or similar testing, (v) the Club shall not be liable for any injury arising out of any disability, impairment or ailment that should have prevented a Member or Guest from engaging in activity.

Member’s Health Warranty. Each Member and guest should be aware of his/her medical history and should consult with a physician prior to engaging in physical activity or continuing to be active if a medical condition appears or appears to be developing. The Member warrants and represents that she the member or he, and any family member or guest entitled to use the Clubfacilities of the Club under the terms of membership, has no disability, impairment, or ailment preventing him/her from engaging in active or passive exercise, or that will not participate in any activity that is be detrimental or adverse to their such person’s health, safety, or physical conditioncondition if he/she does so engage or participate. The Member acknowledges and agrees that: (i1) the Club will rely on the foregoing in issuing the membership, (ii. 2) the Club shall have no obligation to perform a fitness assessment or similar testing to determine the physical condition of any Member or guest, (iii. 3) if any fitness assessment or similar testing is performed by the Club, it is solely for the purpose of providing comparative data with which the Member can track progress in a program and is not for diagnostic purposes, (iv. 4) the Club shall not be subject to any claim, demand, or injury whatsoever on account of the Club’s evaluation or interpretation of such fitness assessment or similar testing, (v. 5) the Club shall not be liable for any injury arising out of any the Member’s disability, impairment or ailment that should have prevented a Member or Guest preventing him/her from engaging in activityactive or passive exercise, or that would be detrimental or adverse to such person’s health, safety or physical condition if he/she does so engage or participate. Each Member and guest should be aware of his/her medical history and should consult with a physician prior to engaging exercise or continuing to exercise if a medical condition appears or appears to be developing.