VCU RecWell Membership Agreement: Waiver, Release, and Indemnification, Lecture notes of Communication

Download VCU RecWell Membership Agreement: Waiver, Release, and Indemnification and more Lecture notes Communication in PDF only on Docsity! MEMBERSHIP AGREEMENT AND TERMS AND CONDITIONS Virginia Commonwealth University Department of Recreation & Well-Being 1. Voluntary Participation- My involvement or participation is voluntary and is not requested or required by the University. 2. Risk Factors- I understand and acknowledge that participation in athletic or recreation activities or services or the use of equipment and facilities involves risks including, but not limited to the following: risk of property damage; bodily injury including but not limited to temporary or permanent muscle soreness; sprains; strains; cuts; bone fractures; abrasions; bruises; ligament and/or cartilage damage; head, neck or spinal injuries; paralysis; eye damage; disfigurement; drowning; and possibly death. These risks may result from the use of the equipment or facilities, from the activity itself, from the acts of others or from the unavailability of emergency medical care. 3. Assumption of Risk- I voluntarily and personally assume all risks that may arise out of or result from participation in athletic or recreational activities or the use of equipment, facilities and/or services, regardless of whether such risks are known or unknown, foreseen or unforeseen, disclosed or undisclosed, including but not limited to those risks described above. 4. Compliance with Policies and Procedures- I agree to comply with and abide by all applicable rules, policies and procedures of RecWell and the University. I understand that the safe and proper use of equipment, facilities or participation in the activity is dependent upon carefully following such rules, policies and procedures. RecWell may revoke or terminate my privileges for any violation of such rules and policies. 5. Release of Liability- I hereby release, waive, and discharge the University, and all of its trustees, officers, employees and agents from any and all claims, injuries, causes of action, suits, liability, losses or expenses (including attorney’s fees) arising from or in connection with my participation in or use of University recreation activities, services, equipment and facilities. 6. Indemnification- I also agree to indemnify, defend and hold harmless the University, and all of its trustees, officers, employees and agents from any and all claims, injuries, causes of action, suits, liability, losses or expenses (including attorney’s fees) arising from or in connection with my participation in and use of University recreation activities, services, equipment and facilities. 7. Skill, Ability and Fitness- I acknowledge that I have the requisite skills, qualifications, physical fitness and ability, and training necessary to properly and safely use the equipment, facilities, and to participate in recreation activities. I agree that if I have any questions as to what skills, qualifications or training is necessary to properly use the equipment, facilities or participate in recreation activities itself, then I will ask the appropriate staff member on site. Furthermore, I certify that I have consulted with a physician to determine any potential conditions that may adversely affect my participation. 8. Medical Costs- I am solely responsible for any and all medical, health, or personal injury or illness costs relating to my participation in or use of University recreation activities, services, equipment and facilities. 9. Jurisdiction- This Agreement shall be governed in all respects by the laws of the Commonwealth of Virginia. The parties agree to jurisdiction in the Commonwealth of Virginia and venue in the City of Richmond for any disputes under this Agreement. 10. Severability- If any of the provisions of this Agreement, or portions thereof, are found invalid by a court of competent jurisdiction, the remainder of this Agreement shall nonetheless remain in full force and effect. 11. Acknowledgment- I have read and fully understand this Agreement and realize it relates to surrendering and releasing valuable legal rights and do so freely and voluntarily. Usage Guidelines 1. Organized activities- Organized activities which are not sponsored by RecWell will not be permitted in any of the facilities without prior written authorization by the Director of RecWell or their designee. The following activities are not permitted other than as provided by RecWell employees or authorized personnel: personal fitness training, swim instruction, group activities, classes or any paid service. RecWell may immediately terminate the membership of a member providing private services within VCU facilities. 2. Facility Operation Adjustments- RecWell’s primary objective is to provide recreational and fitness opportunities for VCU students. Members should expect RecWell to adjust operations to best meet the needs of VCU students including, but not limited to hours of operation, facility closures, and addition/removal of programs. While RecWell will work to meet the needs of its non-student members, it will operate in accordance with the University's academic calendar including closures for recognized holidays, break periods, and inclement weather. No refunds or term adjustments will be given due to such facility closures or adjusted hours. 3. Holiday Closure- Recreation & Well Being will be closed yearly on the Thursday, Friday, and Saturday of Thanksgiving week. In addition, VCU RecWell will be closed yearly between December 24th through January 1st. Members are not eligible for refunds or membership term adjustments based on these closures as the cost is built into the cost of membership at the time of sale. 4. Usage- Recreation & Well Being membership is not tied to any specific area of the gym; members pay for facility membership as a whole. If a specific area of the gym is closed, we do not refund or negotiate membership terms based on specific area closure. 5. Parking- Designated parking is not available at either of RecWell facilities, and RecWell is not responsible for the costs associated with parking, including fines or tickets. Marketing & Communication 1. Photography & Filming- Any use of RecWell facilities for the filming and photography of educational, commercial, or proprietary purposes must be authorized in advance in writing by the Marketing Communications Manager or designee. All authorized individuals must check in at the service desk and present the authorization email. Authorized individuals will be issued a lanyard identifying them as having permission to photograph or video record in the facility and must comply with any restrictions presented by RecWell staff. Individual VCU students, RecWell members, and reservation groups are permitted to take pictures/video of their own participation in RecWell activities for private use as long as their actions are not disruptive in any manner to RecWell normal operations, as determined by RecWell staff, and they do not photograph or record other individuals without permission. 2. Communications- RecWell will periodically send important operational information and updates about hours, policies, and/or facility closures. In addition, new members will automatically be added to RecWell's monthly newsletter. Members may opt out of the monthly newsletter by following the "opt-out" link provided in the monthly newsletter. Members may not opt out of the communication list associated with operational emails, such as those relating to hours, policies, and/or facility closures. 3. Member Contact Information- Members are required to update their contact information, including emails and phone numbers, on their accounts. Members are responsible for knowing and complying with important communications and announcements periodically sent to member contact information. RecWell is not responsible if a member fails to receive a communication that was sent to the contact information on their account. Membership Terms 1. Monthly Billing Membership Terms – The minimum term for a monthly billing membership is one year (i.e., twelve billing cycles) from the start of membership. Requests for cancellation made before twelve total billing cycles have been completed will not be honored. Monthly billing will occur on the first day of every month. A transition of a monthly billing membership to a single-month membership is not permitted. The monthly billing membership will not automatically terminate after twelve billing cycles and will continue in perpetuity unless we receive a written request by the member to terminate membership. It is the member’s responsibility to request cancellation of their monthly membership. By choosing the membership type of monthly billing and signing this Agreement, you authorize RecWell to bill the provided card for each monthly billing cycle. 2. Single-, Three-, Six-, and Twelve- Month Membership Terms – Members who choose to purchase a single-, three-, six-, or twelve-month membership package are not eligible for an early cancellation refund of any kind. Additionally, if members purchase three single-month memberships they are not eligible for a refund of the difference in cost between three single-month memberships and one three-month package option. This rule applies to all membership types and eligibility. If members choose to change to a three-, six-, or twelve-month membership option before the terms of their month-to-month membership have been completed they may do so with no penalty but are required to start a three-, six-, or twelve-month membership on the first business day of the next billing month; no prorated amount will be applied, and no refunds will be given. Members who become