In consideration of my being able to participate in wellness programming and events and use the Yellowhawk Tribal Health Center fitness facilities (Yellowhawk Fitness Facility) associated equipment and services, I hereby release and covenant not to sue the Confederated Tribes of the Umatilla Indian Reservation (CTUIR), the Yellowhawk Tribal Health Center (Yellowhawk) or their officials, employees, instructors, or agents (collectively referred to as “Indemnified Parties”) from any and all present and future claims resulting from any act, error or omission on the part of Indemnified Parties for loss, damage, theft of personal property, personal injury, or death arising as a result of using the Yellowhawk Fitness Facility and equipment and engaging in fitness or wellness activities or any activities incidental thereto, wherever, whenever, or however the same occur. I hereby voluntarily waive any and all claims, both present and future, that may be made by me, my family, estate, heirs or assigns. I agree that I am voluntarily participating in Yellowhawk activities and the use of the Yellowhawk Fitness Facility and associated equipment and services, and to the fullest extent permitted by law, I assume all risk of injury, illness, damage, or loss to me or my property. I accept the Yellowhawk Fitness Facility and associated equipment and services “as is” and I agree to use these facilities, services and equipment at my own risk. I will inspect all equipment and facilities to be used and will not use any equipment which I believe to be damaged or defective. I will promptly notify the Yellowhawk staff, Risk Management/QI Manager or designee of anything which I think could be damaged or defective.