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I recognize that the Program may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular conditioning and training, and other various fitness activities. I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in this exercise program. I acknowledge that my enrollment and subsequent participation in the Program is purely voluntary and in no way mandated by the presenting parties.
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I acknowledge the risks that may arise as a result of these strenuous physical activities, which are inherently dangerous. These risks, which may be caused by me, other participants, or others, include, but are not limited to: muscle sprains/strains, muscle pulls, muscle tears, broken bones, shin splints, heat prostration, injuries to knees and other joints, injuries to back, injuries to foot, heart attacks or death. I also understand that unanticipated and expected risks may arise during my movements in and around the Empire State Plaza, and I assume all risks of injury to my person and property that may be sustained in connection with the above described and associated activities.
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I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the Releasees (as defined below) or others and assume full responsibility for my participation in the activity.
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I willingly agree to comply with the stated and customary terms and conditions for participation in these activities. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the New York State Office of General Services immediately.
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For myself and on behalf of my heirs, assigns, personal representatives, executors, and next of kin, I hereby release, discharge, hold harmless, agree not to sue, and indemnify, Highmark Blue Shield of Northeastern New York and the People of the State of New York, and their officers, officials, agents and/or employees ("Releasees") with respect to all claims arising from any and all injury, illness, disability, death, or loss or damage to person or property, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law.
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It is agreed that any and all litigation arising from this activity will be filed in Albany, New York.
FOR PARENTS/GUARDIANS OF PARTICIPANTS UNDER AGE 18
This is to certify that I, as the parent/guardian with legal responsibility for this participant, do consent and agree to his/her participation in the activities described above, and, for myself, my heirs, assigns, personal representatives, executors, and next of kin, I hereby release, discharge, hold harmless, agree not to sue, and indemnify the Releasees with respect to all claims arising from my minor child’s involvement or participation in these activities as provided above, even if arising from the negligence of the Releasees, to the fullest extent permitted by law.
I have read this release of liability, fully understand its terms, and understand that I have given up substantial rights by signing it, and sign it freely and voluntarily without any inducement.
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