IMPORTANT: RELEASE OF WAIVER OF LIABILITY AND INDEMNITY
You hereby acknowledge and agree that your use of TTC Newport Beach, TTC Coto, TTC Palm Desert, and Pro Shop at TTC and The Club House Grill at TTC and CTC, and CTC facilities, herein after "FACILITIES", service equipment, or participation in any way. You agree being permitted to enter any premises, TTC, GST and CTC (a club) for purposes including, but not limited to, observation, use of facilities, services of equipment, or participation in any way. You agree being permitted to enter any premises including those described below, and you assume full responsibility for such risks. In consideration of being permitted to enter or premises, TTC, GST and CTC FACILITIES, its directors, officers, employees, and agents harmless from all liability to yourself and your personal representative, assigns, heirs and next of kin for any and all loss or damage, and any claim or demands therefore on account of injury to your person or property, including injury leading to death of yourself, whether caused by the negligence of FACILITIES or otherwise while you are in, upon or about the FACILITIES premises or using any FACILITIES services or equipment.
You also hereby agree to indemnify FACILITIES from any loss, liability, damage or cost FACILITIES may incur to the presence of you in, upon or about the FACILITIES premises or using any FACILITIES services or equipment. You represent (a) that you have consulted a physician concerning an exercise program that will not risk injury to yourself or impairment of your health. Such risk of injury includes (but not limited to): injuries and medical disorders arising from use by yourself or others of exercise equipment and machines, injuries arising from participation by yourself or others in supervised or unsupervised activities or programs at the club such as heart attacks, strokes, heat stress, sprains, broken bones, and torn ligaments and muscles, among others, and accidental injuries occurring anywhere in the club, dressing rooms, showers, and other facilities. You further expressly agree that the foregoing liability release, waiver, and indemnity agreement is to be as broad and inclusive as is permitted by the law of the state of California and agree that no oral representations, statements, or apart from this agreement have been made.
FACILITIES make no warranties or representations, express or implied, other than those said forth herein, and your sole and exclusive remedy, in the event of any breach of this agreement shall be of this agreement. IN NO EVENT SHALL TTC AND CTC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.