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understandings, and/or agreements between the parties. This agreement may be modified only by an instrument in writing signed by all parties;
<br />however, the Center or any assignee of this agreement are authorized to correct patent errors in the agreement (and other related documents).
<br />ASSUMPTION OF RISK, RELEASE & INDEMNITY
<br />Although Center facilities, equipment, services and programs are designed to provide a safe level of beneficial exercise and enjoyment, their use
<br />naturally involves the risk of injury to you, your spouse, children, guests, or other members, whether you or someone else causes it. The risks include,
<br />but are not limited to: 1) injuries arising from my use of any exercise equipment, classes or machines, 2) injuries arising from my participation in
<br />supervised or unsupervised activities and programs in, on, and around the swimming pools, water slide, gymnasium, and any other areas of the Center,
<br />3) injuries or medical disorders resulting from exercising at the Center including, but not limited to, heart attacks, strokes, heat stress, sprains, broken
<br />bones and torn muscles or ligaments, and 4) accidental injuries within the facilities, including, but not limited to, the locker rooms, saunas, showers and
<br />dressing rooms. You agree that if you engage in any physical exercise or activity or use of any Center facility on the premises, including, but without
<br />limitation, personal, bodily or mental injury, economic loss or any damage, including theft, to you, your spouse, children, guest or anyone else using the
<br />facilities, and any loss or theft of any personal property.
<br />You agree on behalf of yourself and your children (and all your personal representatives, successors, and assigns) to release and discharge Center and
<br />any of its affiliates, employees, agents, representatives, successors, and assigns and The Rookery Activity Center, City of Lino Lakes, and its
<br />employees and officials from any and all claims or causes of action (known and unknown) arising out of the negligence, whether active or passive, of
<br />Center or its affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation,
<br />injuries which may occur as a result of your use of Center equipment or facilities, improper maintenance, negligent instruction or supervision, and you
<br />slipping and falling while in any portion of the premises for any reason, including negligent inspection or maintenance. If there is any claim by anyone
<br />based on any injury, loss or damage described here, which involves you, your spouse, your guest, or children you agree to indemnify and hold harmless
<br />Center from any loss, liability, damage or cost Center may incur due to your presence at the Center facility. You further expressly agree that the
<br />foregoing release, inclusive as permitted by law in the State of Minnesota and that if any portion thereof is held invalid, it is agreed that the balance shall,
<br />notwithstanding, continue in full force and effect. You acknowledge that you have carefully read this waiver and release and fully understand that it is a
<br />release of liability and express assumption of risk and indemnity agreement. You are aware and agree that by executing this waiver and release, you are
<br />giving up your right to bring legal action or assert a claim against the center and city of Lino Lakes for its negligence or for any defective product on its
<br />premises. You have read and voluntarily signed the waiver and release and further agree that no oral representations, statements, or inducement apart
<br />from the foregoing written agreement have been made.
<br />RULES AND REGULATIONS
<br />I, my spouse and children acknowledge the existence and the need for Rules and Regulations including those governing the use of the Center’s
<br />equipment and facilities and participation in programs and services. All members on this account agree to comply with those Rules and Regulations and
<br />to amendments or additions to them as the Center deems necessary. Current rules and regulations can be found on our website.
<br />Registration: Members MUST check in and present their membership card or a photo I.D. each time they use the Center. Members requesting access
<br />to the Center without their membership card may be required to pay the usual daily fee.
<br />Attire and Equipment: Proper attire is required for participants using the Center. Shirts and shoes are required in all public and recreation areas. No
<br />footwear other than appropriate shoes may be worn on courts. No cut offs or any form of street apparel will be allowed in pools. Nothing shall be left in
<br />the Center overnight. Clothing or a towel is required when using the sauna.
<br />Code of Conduct: The Rookery Activity Center is a family-based facility and all patrons are expected to conduct themselves accordingly. Patrons are
<br />responsible for their children’s and/or guests’ conduct. The Rookery Activity Center staff is responsible for enforcing all established policies, If a patron or
<br />staff engages in the following behaviors or actions including, but not limited to the following: profanity, rowdy or disruptive behavior, verbal or physical
<br />harm, mischief, verbal or physical harassment and/or intimidation, menacing behavior towards patrons or staff, demonstration of sexual activity or sexual
<br />contact with patrons or staff, theft, destruction of property or trespassing, and tobacco/alcohol/drug/or other substance use or possession – disciplinary
<br />actions may result. Disciplinary action could result in being temporarily or permanently expelled from the facility and/or the loss of membership or guest
<br />privileges. Center staff will involve the Lino Lakes Police, when necessary, to enforce this policy.
<br />Damages: The cost to repair damage to the Center’s property by a member, member’s spouse and/or dependent children shall be paid by the member.
<br />The Center shall not be liable for any lost, stolen or damaged articles.
<br />Rules Inclusive: The rules contained herein are not inclusive. Amendments to the Center’s rules and regulations may be made from time to time as
<br />necessary. On all questions regarding the construction of the Center’s rules and regulations, the decision of the Center will be final.
<br />Photographs of Participant: I understand that photographs of Participants may be used in the City’s promotional or other published materials. If
<br />Participant does not wish to be photographed or included in these materials, Participant must provide written notice of the same.
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<br />Print Name: Signature: Date:
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<br />Other Adult member(s) on account:
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<br />Print Name: Signature: Date:
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<br />As individual and as parent/legal guardian of:
<br />Name(s) of minor child(ren) on account:
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<br />This document is available in an alternate format upon a 3-day business request. Please contact Ben Natzke at 651-982-2469 to make a request.
<br />Examples of alternate formats may include: large print, different language, Braille, audio recording. The Rookery Activity Center is willing to provide
<br />reasonable accommodation to allow effective communication and participation in programs and activities.
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