1. I understand that there are risks inherent in the use of strenuous exercise equipment. I know of no personal health issues that would restrict my participation and I have no known restrictions to exercise. I assume the risks of potential injury associated with the use of the Roberts Pavilion, Axelrood Pool or other CMC or CMS Athletics facilities.
2. I expressly understand and agree that participating in athletic or recreational activities or otherwise making use of the facilities presents risks both serious and minor, including but not limited to head or other injuries, loss of sight, broken bones, brain damage, paralysis and death. I acknowledge that I am responsible for researching and evaluating the risks I may face and am responsible for my actions.
3. I will exercise good and reasonable care in my own activities while using this facility and any device in the facility and I assume full responsibility and liability for injury or harm which occurs as a result of any lack of good and reasonable care on my part.
4. I will not use the facilities while under the influence of alcohol or drugs nor when from any other cause I am not in full control of my faculties, i.e. lack of sleep, illness, stress, emotions, diet, etc. Any medication that I am taking is solely my responsibility whether or not such taking is based upon consultation with my physician.
5. I understand that the facilities are intended to be without supervision and for possible individual use. I expressly assume the responsibility for any injury that may occur due to the lack of supervision and/or other persons present in the facility.
6. I understand the importance of security in these facilities and agree not to provide entry for persons that do not qualify for use privileges in this facility. I understand that all guests must enter through the designated entry and exit points, and will not attempt to do otherwise. Additionally, I will not prop doors or gates for others to gain access to the facilities, or give others my ID card to be used as to access the facilities.
7. I expressly waive and release Claremont McKenna College, its trustees, officers, employees, agents and attorneys (“CMC”) from any and all injuries which I may hereafter sustain and agree to indemnify and hold CMC harmless from any and all claims which may hereafter be asserted by me, my assignees, heirs, successors-ininterest, nominees, agents and/or insurers, or against me, my assignees, heirs, successors-in-interest, nominees, agents and/or insurers, or which are asserted against CMC, relating to any injuries which are alleged to have been caused by a) my use of this facility; b) my use of any device within the facility and/or my understanding the contents of the manual for that device or lack thereof; c) my failure to exercise good and reasonable care in my activities while using the facility and/or any device in the facility; d) the lack of supervision and/or other persons present during my use of the facility and any device in the facility; and/or c) my providing entry for persons that do not qualify for use privileges in the facility.
I hereby expressly waive and relinquish any and all rights, irrespective if now known, unknown, suspected, unsuspected, existing or not yet existing, that I have, or hereafter may have and agree to not hereafter claim nor assert any such rights, against CMC relating to this INFORMED CONSENT, WAIVER AND RELEASE, any of its provisions and/or my below execution, as provided for my benefit under the provisions of California Civil Code S1542 which in pertinent part provides:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” *