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IXAmlII 1190 <br />Fitness Room <br />Agreement and Release <br />The City of Elk River ("City") has made available a fitness and workout facility (the <br />"Facility") for the exclusive use of city and municipal utilities employees, and city council <br />members ("Employee"). Employee's may be accompanied by one (1) guest who must be <br />18 years of age or older.. City and municipal utilities employees and council members <br />are responsible for their guest. The undersigned employee and their guest ("Employee") <br />shall be permitted to make use of the Facility upon the following terms and conditions: <br />1. Employee agrees to use the Facility only in accordance with rules and regulations <br />adopted by the City, in the City's sole discretion. <br />2. Employee specifically agrees not to use the Facility while under the influence of any <br />mind -altering drug or chemical, including specifically, but not exclusively, alcohol of any <br />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 <br />the 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 <br />improper use of equipment or improper conduct by Employee or third parties. <br />Employee agrees to release City and its respective officers and employees from any <br />claim Employee may have to any incident which occurs in or arises in any way out of <br />Employee's use of the Facility or any equipment therein including specifically, but not <br />exclusively, claims for personal injury, death, or property damage. Employee further <br />agrees to indemnify, defend and hold harmless the city and its officers and employees <br />and agents from claims for personal injury, death, or property damage for incidents <br />occurring in or about the Facility. <br />5. EMPLOYEE ACKNOWLEDGES THAT THE FACILITY WILL NOT BE SUPERVISED AND <br />AGREES THAT EMPLOYEE MAKES USE OF THE FACILITY AT EMPLOYEE'S OWN RISK. <br />6. EMPLOYEE HAS READ THE FITNESS ROOM POLICY AND AGREES TO ABIDE BY THE <br />RULES STATED IN THE POLICY. <br />7. Terms of this Agreement apply equally to the guest as to the Employee. <br />Employee's Signature <br />Print Name <br />Date <br />Update: December 2023 <br />Page 146 of 447 <br />