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FITNESS ROOM <br /> AGREEMENTAND RELEASE <br /> The City of Elk River ("City") has made available a fitness and workout facility <br /> (the "Facility") for the exclusive use of City employees and guests. The undersigned <br /> ("Employee") shall be permitted to make use of the Facility upon the following terms and <br /> conditions: <br /> 1. Employee agrees to use the Facility only in accordance with rules and <br /> regulations adopted by the City from time to time, in the City's discretion. <br /> 2. Employee specifically agrees not to use the Facility while under the influence of <br /> any mind-altering drug or chemical, including specifically, but not exclusively, alcohol of <br /> any sort. <br /> 3. Employee acknowledges that no instruction as to the use of the Facility or any <br /> equipment therein will be provided by the City. Employee agrees to take sole <br /> responsibility to become familiar with the proper and safe use of any equipment within the <br /> Facility. <br /> 4. Employee acknowledges that certain risks may exist in the use of fitness and <br /> workout equipment. These risks include injury through defective equipment or improper <br /> use of equipment or improper conduct by Employee or third parties. Employee agrees to <br /> release City and its respective officers and employees from any claim Employee may have <br /> to any incident which occurs in or arises in any way out of Employee's use of the Facility <br /> or any equipment therein including specifically, but not exclusively, claims for personal <br /> injury, death or property damage. Employee further agrees to indemnify, defend and hold <br /> harmless the City and its officers and employees and agents from claims for personal <br /> injury, death, or property damage for incidents occurring in or about the facility. <br /> 5. EMPLOYEE ACKNOWLEDGES THAT THE FACILITY WILL NOT BE <br /> SUPERVISED AND AGREES THAT EMPLOYEE MAKES USE OF THE FACILITY <br /> AT EMPLOYEE'S OWN RISK. <br /> 6. EMPLOYEE HAS READ THE FITNESS ROOM POLICY AND AGREES TO <br /> ABIDE BY THE RULES STATED IN THE POLICY. <br /> Employee's Signature Guest Signature <br /> Print Name Print Name <br /> Employee's Telephone Number Telephone Number <br /> Date Date <br />