Guest Agreement

This Guest Agreement (this “Agreement”) is between you (individually, if you are the Guest, and/or as agent and/or legal guardian of the guest or a responsible party) and Aspen Racquet Club, LLC (“ARC” or the “Club”). You agree that you, your family members, and any guests and invitees shall be bound by this Agreement. You agree that this Agreement may be revised, supplemented or amended in the sole discretion of ARC and any such changes shall become immediately effective upon posting in the Club and/or on ARC’s website. By signing this Agreement, you acknowledge that you are of legal age, have received a completed copy of this Agreement identifying the services purchased, and have read and understand the entire Agreement. You further acknowledge and agree that ARC has made no express or implied warranties or representations other than those expressly set forth in this Agreement to induce you to enter into this Agreement. Subject to the terms and conditions of this Agreement, all paying guests are eligible to use the fitness facilities at the Club at no additional charge and at their own risk. Further, ARC may (but is not necessarily obligated to) offer fitness, yoga or other classes from time to time for a fee determined at the time the class is offered.

 

1. Conduct: ARC reserves the right in its sole discretion to suspend or terminate your guest privileges, if you or your guests are disruptive or abusive to members, fellow players or staff, cause damage to the facility or do not follow Club policies and Rules and Regulations. Upon any such suspension or termination, you will not be entitled to any refund, credit or reimbursement.

 

2. Rules and Regulations; Hours of Operation: You, your family, guests, and invitees agree to abide by the Club’s rules and regulations, which are incorporated into this Agreement by reference, published online at http://www.arcwooster.com, and are posted at the Club. You acknowledge and agree that ARC may update these rules and regulations from time to time in its sole discretion. Please check the Club website or call the Club for hours of operation. Hours of operation may change.

 

3. Guests: ARC encourages you to bring guests to the Club. However, the Club reserves the right to limit the number of times any one guest can use the Club and reserves the right to exclude any guest whose use of the facility, in ARC’s sole opinion, would be detrimental to the Club or its members. All guests must sign in at the front desk. A guest playing tennis must pay applicable per-visit guest fees and court fees at the time of using the facility. All guests will be required to sign a medical release and liability waiver prior to being allowed to use Club facilities and participate in any programs or activities at the Club. All use of the Club by a guest is subject to the terms and conditions of this Agreement.

 

4. Independent Contractors: From time to time the Club may make available to guests the services of independent contractors. You acknowledge and agree that ARC does not warrant or guarantee the quality of these services and does not guarantee that these services will remain available guests for any period of time, and hereby disclaims all liability arising out of such services.

 

5. Valuables and Personal Property: Guests are urged to avoid bringing valuables onto club premises. ARC shall not be liable for the loss of or theft of, or damage to, the personal property of members or guests, including items left in lockers, with the coat check or elsewhere in the Club.

 

6. Digital Image Release: You, on behalf of yourself, your minor children, and your respective heirs, representatives, and assigns, hereby grant to ARC a perpetual, royalty-free, unrestricted right and permission to edit, modify, copy, exhibit, publish, and/or use, in any lawful manner, any audio/visual images which include any type of recording in any media or format, including photographs, digital images, drawings, renderings, voices, sounds, video recordings, or audio clips, taken of you and/or your minor children at the Club for ARC’s web sites, mobile apps, publications, advertisements, posters, social media and other collateral materials. You hereby irrevocably waive any right to inspect or approve such images, and you also irrevocably waive any right to royalties or other compensation arising from the use of such images.

 

7. IMPORTANT: RISK OF INJURY; RELEASE AND WAIVER OF LIABILITY AND INDEMNITY: You hereby acknowledge and agree that your use and/or your minor children’s use of ARC’s facilities, services, equipment or premises, involves risks of injury to persons and property, including those described below, and you assume full responsibility for these risks. In consideration of you and your minor children being permitted to enter ARC’s facility for any purpose including, but not limited to, observation, use of facilities, services or equipment, or participation in any way, you hereby release and hold ARC, its affiliates, and their respective directors, officers, employees, and agents harmless from all liability to you, your children and your personal representatives, executors, assigns, heirs, and next of kin for any loss or damage, and forever give up any claims or demands therefore, on account of injury to you or to any property, including injury leading to your death, whether caused by the active or passive negligence of ARC or otherwise, to the fullest extent permitted by law, while you and/or your minor children are in, upon, or about ARC’s premises or using ARC facilities, services or equipment. You agree to indemnify ARC from any loss, liability, damage or cost that ARC may incur due to your presence and/or the presence of your children in, upon or about the ARC premises or in any way observing or using any facilities or equipment of ARC, whether caused by your negligence, your children’s negligence or otherwise. You represent that (a) you and your children are in good physical condition and have no disability, illness, or other condition that could prevent you or them from exercising without injury or impairment of health, and (b) you have consulted a physician concerning an exercise program that will not risk injury to you or impair your health. Risks of injury include but are not limited to injuries arising from your use or others’ use of exercise equipment and machines; injuries arising from your participation or others’ participation in supervised or unsupervised activities or programs at the Club; injuries and medical disorders arising from exercising at the Club such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; and accidental injuries occurring anywhere in Club dressing rooms, showers and other facilities. You further agree that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Ohio and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. You acknowledge that you have read this release and waiver of liability and indemnity clause, and agree that no oral representations, statements or inducement apart from this Agreement have been made to you.

 

8. IMPORTANT: MEDICAL RELEASE AND CONSENT TO TREATMENT; INDEMNIFICATION AND HOLD HARMLESS: You certify that you are physically able to participate in all programs, events, and activities at the Club without aid or assistance. You further agree to assume the risk of any medical or physical condition that you may have. You understand that ARC does not have medical personnel available at the Club and ARC may not have available any staff trained to provide medical assistance at the time of a medical incident or emergency. In the event of a medical emergency, you acknowledge that ARC’s sole obligation to you shall be to call “911.” If ARC determines that it would be prudent to administer first aid while awaiting the response of emergency personnel, you hereby gives consent to ARC to provide any and all emergency first aid treatment or other assistance to you, including but not limited to CPR (cardiopulmonary resuscitation), the use of an AED (automated external defibrillator), or EpiPens or similar devices. ARC shall have no obligation to administer first aid or emergency assistance other than to call “911,” and shall have no liability for any first aid administered or withheld to you. You authorize ARC to share health information to medical personnel in order to provide emergency first aid treatment. You agree to pay all costs associated with any treatment provided by emergency medical personnel or medical providers and related transportation, and agree to INDEMNIFY and HOLD HARMLESS ARC, its affiliates, and their respective directors, officers, employees, and agents for any cost incurred in connection with treatment provided by medical personnel or medical providers.

 

9. Miscellaneous.

(A) IN NO EVENT SHALL ARC, ITS AFFILIATES, AND THEIR RESPECTIVE MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE TO YOU, YOUR MINOR CHILDREN, YOUR GUESTS OR INVITEES FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND.

(B) This Agreement contains the entire agreement and understanding of the parties and merges and supersedes all prior or contemporaneous discussions, agreements and understandings of every nature between the parties covering the subject matter of this Agreement, whether written or oral, express or implied. Failure, delay, or any partial exercise by either party of any right, power, or privilege available to such party hereunder shall not operate as a waiver, or preclude further 4 exercise by such party of any other right, power, or privilege. If any provision or any portion of this Agreement is construed to be illegal, invalid or unenforceable, such provision or portion thereof shall be deemed stricken and deleted from this Agreement to the same extent and effect as if it were never incorporated herein, but all other provisions of this Agreement and the remaining portion of any provision that is construed to be illegal, invalid or unenforceable in part shall continue in full force and effect. You may not assign your rights or delegate your duties under this Agreement without ARC’s prior written consent. This Agreement shall be governed by the substantive laws of the State of Ohio, without giving effect to its conflict of law principles. By signing this Agreement, you consent to receiving telephone calls, text messages, and electronic mail from ARC at any telephone number or email address included your contact information, including to receive news of special offers and programs, and for purposes related to your account information. Your consent is governed by and subject to ARC’s privacy policy, which is incorporated in this agreement and can be found at http://www.arcwooster.com.