Bridgewater Waiver of Liability

BRIDGEWATER AT VIERA MASTER (THE "CLUB")

RELEASE, WAIVER, INDEMNIFICATION, AND ASSUMPTION OF RISK AGREEMENT

DESCRIPTION OF ACTIVITY: Use of Club fitness center (the "Fitness Center") outside of regular operating hours.

USER'S NAME: AGE:

D.O.B. MALE/FEMALE (CIRCLE ONE)CELL #:

ADDRESS:

FOB #: EMERGENCY CONTACT: CELL #:

LIABILITY WAIVER: In consideration for the opportunity to access and use the Fitness Center and the associated equipment, facilities and machinery therein (the "Activities") after regular Club operating hours, with full knowledge and acceptance of the risks involved, I, along with my heirs, assigns, executors and/or personal representatives, hereby release and hold harmless, waive, discharge, and covenant not to sue Bridgewater at Viera ("Community"), and each of their respective affiliates, parent companies, subsidiaries, officers, directors, shareholders, managers, members, attorneys, trustees, representatives, employees, and agents (collectively, "Releasees") from all manner of action and actions, cause and causes of action, suits, debts, claims, liabilities, or demands of any nature, including, without limitation, claims of Bridgewater at Viera Master and/or Clubhouse's active and/or passive negligence, resulting from any physical or psychological injury (including, without limitation, paralysis and death), illness, damages, property loss, or economic or emotional loss resulting from my participation in the Activities, including travel to, from and during the Activities (both during and after regular Club operating hours).

ASSUMPTION OF RISK: I hereby acknowledge, understand, and agree that there are certain inherent risks and dangers associated with the Activities (both during and after regular Club operating hours), including, without limitation, BODILY INJURY, BROKEN BONES OR DISLOCATIONS, MUSCLE STRAINS/SPRAINS OR TEARS, BRUISES, LACERATIONS, PUNCTURES, CONCUSSIONS, HEAT STROKE/EXHAUSTION, JOINT OR NECK/BACK INJURIES, HEART ATTACK, PARALYSIS, STROKE, DAMAGE TO PROPERTY, AND/OR DEATH. I further understand and acknowledge that the dangers and risks of the Activities may result not only in injury, but serious impairment of my future abilities to earn a living, to engage in other business, social, and recreational activities, and generally to enjoy life. I understand that these injuries or outcomes may arise from my own or others' actions, inaction, or negligence; conditions related to travel; or the condition of the Club, the Fitness Center, the equipment in the Fitness Center, and/or surrounding areas. Nonetheless, I knowingly and voluntarily assume all related risks, both known and unknown to me, of my participation in the Activities (both during and after regular Club operating hours), including, without limitation, travel to and from the Fitness Center.

INDEMNIFICATION: I agree to indemnify and hold Bridgewater at Viera Master, Clubhouse, and the Releasees harmless from all losses, liabilities, damages, costs or expenses (including but not limited to reasonable attorneys' fees and other litigation costs and expenses) incurred by Bridgewater at Viera Master, Clubhouse, or the Releasees as a result of any claims or suits that I (or anyone claiming by, under or through me) may bring against Bridgewater at Viera Master Clubhouse, or the Releasees to recover any losses, liabilities, costs, damages or expenses which arise during or result from my participation in the Activities (during or after regular Club operating hours), regardless of whether or not caused in whole or in part by the negligence or other fault of Bridgewater at Viera Master or Clubhouse.

ACKNOWLEDMENT OF UNDERSTANDING: I have carefully read this Agreement and have sought and received legal advice regarding the same or have knowingly and intentionally made an affirmative decision not to seek such legal advice. I fully understand that this is a release of liability, as well as an express assumption of risk and indemnity agreement, and that I am giving up substantial rights in connection therewith. I further acknowledge and agree that I am signing this Agreement freely and voluntarily. I agree to follow, at all times, all rules and regulations regarding the Activities and recognize that such rules and regulations may change from time to time. I agree that this document shall be governed for all purposes by Florida law, without regard to such law on choice of law.

Signed, and delivered this ______ day of ___________________, 20____.

Print Name: Sign:

WITNESS:  Print Name: Sign: