I request authorization for use of the Gym/Exercise Facilities (“Gym”) and/or participation in certain optional fitness programs, classes, and activities, including, but not necessarily limited to group fitness, yoga classes, or spinning classes (“Wellness Programs”) located at 3400 New Hyde Park RD, North Hills, NY 11042. Cox Automotive, Inc., along with its parent company, subsidiaries, divisions, affiliates, successors, and assigns (collectively “Cox Automotive”), uses certain independent contractors (“Contractor(s)”) to perform the Wellness Program services. I acknowledge that the use of the Gym and participation in the Wellness Programs is expressly conditioned on my agreement to each of the terms of this document. I acknowledge and agree as follows:
- Use of the Gym and participation in the Wellness Programs involve physical exercise, sport and recreational activities that may cause injury. I understand that there is inherent risk of injury when choosing to participate in any physical exercise, sport, wellness, and/or recreational activities. My use of the Gym and participation in the Wellness Programs is a voluntary activity in all respects and I assume all risks of injury and illness that may result from such use and participation. I acknowledge and agree that I am paying no fee (membership, use, or otherwise) for use of the Gym or participation in the Wellness Programs.
- I understand that it is my responsibility to consult with a physician prior to and regarding my use of the Gym and participation in the Wellness Programs. I am knowledgeable about the proper use of any equipment that I will use and the rules of any activities that I will participate in and that I will carefully read the operating instructions for any Gym equipment prior to use and will operate such equipment in strict accordance with instructions. I represent and warrant that I am physically fit and I have no medical conditions that would prevent my use of the Gym and full participation in the Wellness Programs. However, I represent and warrant that if a medical condition should arise that would affect my use of the gym or my participation in the Wellness Programs, I will let the designated employee(s) or Contractor(s) know, as appropriate. I understand that the information I provide to Cox Automotive and/or Contractor(s) about my health, treatment, care, medical history and/or fitness shall be treated as strictly confidential and will only be disclosed for limited purposes, such as the design or implementation of my Wellness Programs and responding to any health or safety issues that may arise during the course of my use of the Gym or my participation in the Wellness Programs.
- I agree to follow the instructions of each particular Contractor and any designated employee during the course of my use of the Gym and my participation in the Wellness Programs, and to abide by Cox Automotive’s security, safety and office decorum policies and procedures at all times during my participation in the Wellness Programs and/or use of the Gym.
- I understand and agree that my failure to abide by the rules and directives of Cox Automotive or any Contractor(s) while I am using the Gym or participating in any Wellness Programs may result in the termination of my participation. I understand and agree that if I consistently do not show up for Wellness Programs that I have signed up for, the result may be the termination of my participation, as well.
- I do hereby fully release and discharge Cox Automotive and its past and present agents, employees, representatives, officers, directors, attorneys, accountants, trustees, shareholders, investors, subsidiaries, partners, affiliates, members, insurers, heirs, predecessors-in-interest, advisors, successors and assigns, as well as all Contractors (collectively, the “Released Parties”) from any and all liability, claims, and causes of action from injuries or illness (including death), damages or loss which I may have or which may accrue to me on account of participation in all activities utilizing the Gym and/or Wellness Programs. This is a complete and irrevocable release and waiver of liability. Specifically, and without limitation, I hereby release the Released Parties from any liability, claim, or cause of action arising out of the Released Parties’ negligence. I covenant not to sue the Released Parties for any alleged liabilities, claims, or causes of action released hereunder.
- I understand that the Released Parties are not responsible for any loss or theft of personal property brought to or left in the Gym, fitness room and/or lockers and I release Cox Automotive from any liability for such loss or theft.
- In the event of an emergency, I authorize Cox Automotive as well as all Contractors, to secure from any licensed hospital, physician, and/or medical personnel any treatment deemed necessary for my immediate care and agree that I will be responsible for payment of any and all medical services rendered.
- I understand and agree to adhere to the Cox Automotive Gym policy and rules, which are available for review in Fuel.
I have read and fully understand each of the terms, conditions and release of liability set forth above, including the permission to secure medical treatment and the release of all claims, including claims for negligence of the Released Parties. I am 18 years of age or older. I understand that my signed waiver will be retained in my employee personnel file. This document is binding upon me and my heirs, children, wards, personal representatives and anyone else entitled to act on my behalf.