I hereby represent to Club Fit®, its affiliates, shareholders, partners, officers, agents, servants, employees and representatives (collectively, “Club Fit®”), that I (my child) am in good physical condition and am able to safely participate in Club Fit®’s fitness and sports programs. I acknowledge that Club Fit® urges every participant to have a medical check-up before participating in any of Club Fit®’s programs. I appreciate the danger of physical stress, strain, or injury and assume whatever risk is involved as a result of my (my child’s) use of the facilitates, equipment or services of Club Fit®. I hereby release and hold Club Fit® harmless from and against any and all claims, liability, loss, damage, or injury sustained or incurred in connection with my (my child’s) use of the facilities, equipment or services of Club Fit®, and waive any and all claims against Club Fit® for any damage or liability resulting from or in connection with such use, excepting such damage which may be caused by Club Fit®’s negligence. I hereby grant Club Fit® my consent and permission to use my (my child’s) name, portrait, picture, image, statements and comments and to copyright, use and publish the same in whole or in part, in any media for purposes relating to the business and activities of Club Fit®, including trade or advertising. I hereby release and discharge Club Fit® from any claims and demands arising out of or in connection with such use, including but not limited to any and all claims for libel or invasion of privacy. This release, waiver and consent shall be binding upon me and my heirs, legal representatives and assigns. The NYS Board of Health considers the Club Fit Aquatic Center an “off-site pool” requiring parental permission. I hereby grant permission for my child to swim in the Club Fit Briarcliff Aquatic Center during camp hours.