LOCKHEED MARTIN – AERONAUTICS
FITNESS CENTER WAIVER AND RELEASE OF LIABILITY: NON-EMPLOYEE
PLEASE READ THIS DOCUMENT CAREFULLY
NOTE: This document is a waiver that includes, but is not limited to, any loss, damage or destruction of your personal property and is a complete release of any responsibility on Lockheed Martin Corporation's ("Lockheed Martin") part for personal injuries and/or property loss/damage sustained by you in connection with your use of the Fitness Center, whether using exercise equipment or not. THIS WAIVER AND RELEASE APPLIES EVEN IF YOUR LOSS, DAMAGE OR INJURY RESULTS FROM THE ACTIVE OR PASSIVE NEGLIGENCE, ACTS, OR OMISSIONS OF THE "RELEASEES" NAMED BELOW.
In consideration for my use of the Fitness Center located at Lockheed Martin Aeronautics - Fort Worth, TX (AFP4) or Lockheed Martin Aeronautics – Marietta, GA (AFP6), which also includes the fitness equipment contained therein, and the attendant dressing and shower facilities (collectively "the Fitness Center"), I, on behalf of myself, my personal representatives, heirs, assigns, next of kin, legatees, family members, executors, administrators, and estate, hereby acknowledge, agree, represent, and warrant with respect to any present or future entry into or use of the Fitness Center that:
1. I UNDERSTAND that prior to using the Fitness Center, I must read, agree to, and sign this Waiver and Release of Liability. I have consulted with my agency ethics advisor and confirmed that my acceptance of the use of the Fitness Center is permissible under my agency's ethics rules and regulations. Please see this document — Guidelines for Government Employee Access to Fort Worth and Marietta Fitness Centers — Download this document (.doc).
2. I AGREE to abide by the Fitness Center rules, as they may be amended from time to time.
3. I AGREE to use the Fitness Center only on my personal time during the Fitness Center's normal operating hours. My activity in the Fitness Center is not work-related, and I will not be compensated for any time spent in the Fitness Center. I further agree that, to the extent that I am an employee of or contractor for Lockheed Martin or its affiliated companies, such activity shall not constitute any part of my job duties or responsibilities for Lockheed Martin or its affiliated companies, be a condition of my employment or contract duties with Lockheed Martin or its affiliated companies, or be considered within the course and scope of my employment or contract duties with Lockheed Martin or its affiliated companies. I further acknowledge and agree that I will inspect the Fitness Center before using it and, if at any time I believe the conditions to be unsafe when using the Fitness Center before using it, I will immediately discontinue such use and advise Lockheed Martin.
4. By signing this document, I acknowledge there is a risk of injury from using the Fitness Center, including the potential for permanent paralysis, other serious injury, and/or death. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS of using the Fitness Center and agree that the Releasees named below SHALL NOT BE LIABLE for any claims, demands, injuries, damages, actions, or causes of action, EVEN IF THEY ARISE IN WHOLE OR IN PART DUE TO THE ACTIVE OR PASSIVE NEGLIGENCE, ACTS, OR OMISSIONS OF THE RELEASEES, incurred by me that are caused or are alleged to be caused in whole or in part by my use of the Fitness Center. I acknowledge that I have carefully read this and the following paragraph and fully understand that they constitute a waiver, release and discharge of liability, agreement to indemnify and hold harmless, and covenant not to sue. The "Releasees" are Lockheed Martin Corporation and its predecessors, successors, heirs, assigns, owners, attorneys, affiliates, parents, subsidiaries (whether or not wholly-owned), component units, divisions, partners, officers, directors, agents, employees, former employees, servants, executors, administrators, investigators, insurers, and contractors.
5. FURTHERMORE, I FOREVER RELEASE AND DISCHARGE, AGREE TO INDEMNIFY AND HOLD HARMLESS, AND COVENANT NOT TO SUE the Releasees from and in relation to all claims, demands, injuries, damages, actions, or causes of action that arise from or relate in any way to my use of the Fitness Center, EVEN IF THEY ARISE IN WHOLE OR IN PART DUE TO THE ACTIVE OR PASSIVE NEGLIGENCE, ACTS, OR OMISSIONS OF THE RELEASEES. This includes any claim by me and my personal representatives, heirs, assigns, next of kin, legatees, family members, executors, administrators, and estate.
6. I FURTHER WARRANT AND CERTIFY that I have no health conditions or defects that would prevent me from participating safely in any exercise activity in the Fitness Center, that I have consulted with and been cleared by a medical doctor in relation to such activity, and that I am otherwise sufficiently fit and healthy to so participate.
7. I acknowledge that Lockheed Martin is not a medical organization and cannot give me medical advice or a medical diagnosis. I agree to seek the advice of my physician or other qualified health care provider if I have any questions regarding a medical condition, diet, nutritional supplements, an exercise regimen, or any other matter related to my health and well–being.
8. I acknowledge that the Fitness Center is not designed or tailored for use by pregnant women or individuals with any type of health condition in which exertion, exercise or other like activities may have an adverse health effect. As are all users, such individuals are specifically warned to seek professional medical advice prior to initiating any form of sports training, physical training, or exercise regimen.
