WHEREAS, the Township of Clark has constructed a Senior Citizens Fitness Center in the Clark Township Municipal Building, for the use and enjoyment of the senior citizens of the Township of Clark.
WHEREAS, a pre-condition to the use of the Senior Citizens Fitness Center and the equipment located therein requires the user in question to provide a doctor's note authorizing and certifying as to the user's health and physical ability to undertake the use of the the Senior Citizens Fitness Center and said equipment; and
WHEREAS, the Township of Clark in providing this service does not intend to and does not assume any liability; which it hereby disclaims, to the user of the Senior Citizens Fitness Center or the equipment therein, but rather requires the user to release, remise, discharge, and covenant not to sue or make claim against the Township in the event the user is injured as a consequence of the user's use or enjoyment of the Senior Citizens Fitness Center referenced hereinabove; and
WHEREAS, the foregoing is a consideration of the use of the Senior Citizens Fitness Center which the the user acknowledges is sufficient consideration for the within Release and Covenant Not to Sue and the enforcement thereof.
NOW, THEREFORE, the undersigned agrees;
1. To fully and forever release, remise, and discharge the Township of Clark from any and all actions, causes of actions, claims, demands, and liability for, upon, or by reason of any damage, loss, injury, or death which heretofore has been or which hereafter may be sustained as a consequence of, arising from, connected with or occasioned by the use or enjoyment of the Senior Citizens Fitness Center or any equipment located at the Senior Citizen Fitness Center and I further covenant that I will not file any claim nor institute any legal action against the Township and will indemnify, defend and hold and save harmless the Township of Clark in connection with any of the foregoing.
2. In the event that any provision hereof is found unenforceable or invalid, the unenforceable or invalid provision shall be revised to comport with law and preserve intact as nearly as possible the intent of the parties as expressed herein, or if not feasible or permissible, severed so as not to affect the Agreement as a whole and the remaining provisions hereof.
A Physician's Certificate must be provided before the application can be processed. You may attach a copy of these forms to this application or submit them in person.
Individuals an organizations shall agree to abide by the following: RELEASE AND COVENANT NOT TO SUE