GUEST AGREEMENT AND WAIVER OF LIABILITY

I wish to enter the recreational facilities owned and operated by Columbia Association, Inc. (referred to collectively, along with its employees, contractors, officers, directors, agents, representatives and volunteers and all of their successors and assigns, as “CA”). In consideration of the benefits of my entry, including but not limited to the use of CA’s premises, facilities, equipment, services, and activities (the “CA Facilities and Services”), I hereby agree to all the terms and conditions of this Guest Agreement and Waiver of Liability (the “Agreement”).

ASSUMPTION OF RISK: I understand that there are dangers and risks involved in the use of the CA Facilities and Services. I understand that use of the CA Facilities and Services can include but is not limited to use of indoor and outdoor pools, whirlpools, saunas, golf courses, ice rinks, roller skate arenas, batting cages, skate parks (including ramps and other elements), indoor and outdoor racquet courts, locker rooms, studios, fitness floors, fitness equipment, gymnasiums, child care centers, entryways, sidewalks, parking lots, stairs and other facilities and equipment, and use of personal training services, group fitness classes, lessons and programming. I understand that the dangers, hazards, and risks of injury or damage in the use of the CA Facilities and Services may include but are not limited to slips, trips, collisions, falls, drowning, equipment failure or malfunction, equipment misuse, property theft or damage including from lockers and vehicles, and other accidents or incidents that may result in injury or damage. I understand that such injuries or damages may include but are not limited to death, paralysis, brain damage, heart attacks, strokes, heat stress and/or stroke, disfigurement, dehydration, concussions, hearing loss, torn or damaged muscles or ligaments, broken bones, sprains, bruises and scrapes, aggravation of pre-existing injuries or medical conditions, pain and suffering, emotional distress, embarrassment, humiliation, or shock, lost wages or lost earning capacity, lost, stolen or damaged property, and any other disability, impairment, incapacity, injury or damage. I understand that the risks and injuries resulting from use of the CA Facilities and Services may be caused, in whole or in part, by the negligence of CA, me, other members or guests and/or other persons. I UNDERSTAND, AND VOLUNTARILY AND WILLINGLY ASSUME, THE RISKS OF INJURY.

WAIVER OF LIABILITY: On behalf of myself and my child(ren) (if entering with minor child(ren)), my personal representatives, heirs, next of kin, successors and assigns, I hereby release and forever discharge CA from, covenant and agree not to sue CA for, and waive, any and all claims, demands, actions, causes of action, damages, losses, costs, fees, expenses or any other alleged liabilities or obligations of any nature (collectively, “Claims”), whether known or unknown, which may hereafter accrue to me or my child(ren) as a direct or indirect result of my use, or my child(ren)’s use, of the CA Facilities and Services, including such Claims caused in whole or in part by the negligence of CA. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM RELEASING CA FROM LIABILITY FOR INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF CA.

DEFENSE AND INDEMNIFICATION: On behalf of myself and my child(ren) (if entering with minor child(ren)), my personal representatives, heirs, next of kin, successors and assigns, I agree to defend, indemnify and hold CA harmless from and against any Claim asserted against CA by any other person (including but not limited to any other member or guest) arising out of, resulting from, or caused, in whole or in part, by my use, or my child(ren)’s use, of the CA Facilities and Services. My agreement to defend CA means that I will pay all of CA’s fees and costs to defend the Claim from the date the Claim is asserted. My agreement to indemnify and hold CA harmless means that I will pay any settlement, judgment, or other damages, fees or costs of any type incurred by CA to resolve the Claim.

NAME, IMAGE, VOICE AND LIKENESS RELEASE: I understand that CA, or a third party authorized by CA, may take photographs and audio or video recordings that may contain the name, image, voice, or likeness of me or my child(ren) (if entering with minor child(ren)) (collectively, “Images”) during my/our use of the CA Facilities and Services. On behalf of myself and my child(ren) (if entering with minor child(ren)), I grant CA the exclusive, worldwide, perpetual, royalty-free, transferable and otherwise unlimited right to use, copy, modify, distribute, display, publish, edit, prepare derivative works of and commercialize any and all such Images in any and all media formats and through any media channels and any form of communication without obtaining additional consent and without compensating me in any way. I grant permission for CA to use the Images for commercial and promotional purposes and any other purposes CA may deem appropriate, including on social media. I waive any right to inspect, approve or edit such Images as used by CA and waive any and all Claims relating to such use of the Images.

FOR GUESTS WITH MINOR CHILDREN:

I wish to have my child(ren) enter the recreational facilities owned and operated by CA. In consideration of the benefits of my child(ren)’s entry, including the use of the CA Facilities and Services, I hereby agree on my child(ren)’s behalf to all the foregoing terms and conditions of this Agreement. I represent to CA that I have the right and authority to make decisions concerning the care, custody and control of my minor child(ren), including but not limited to the right and authority to execute this Agreement on my minor child(ren)’s behalf. By entering into this Agreement, I am binding each of my minor children to its terms including but not limited to the ASSUMPTION OF RISK, WAIVER OF LIAILITY and DEFENSE AND INDEMNIFICATION provisions.

I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS. I AFFIRM THAT I AM FREELY SIGNING THIS FORM AND I AM GIVING UP LEGAL RIGHTS AND/OR REMEDIES THAT MAY OTHERWISE BE AVAILABLE TO ME AND/OR MY MINOR CHILDREN. THIS AGREEMENT SHALL BE CONSTRUED BROADLY TO PROVIDE A WAIVER OF LIABILITY, DEFENSE AND INDEMNIFICATION TO THE MAXIMUM EXTENT ALLOWED BY LAW. I AGREE THAT IF ANY PORTION IS HELD INVALID, THE REMAINDER WILL CONTINUE IN FULL FORCE AND EFFECT.