Responsibilit y for Staffing and Operating the Facilities Sample Clauses

Responsibilit y for Staffing and Operating the Facilities. The City shall inspect the Facilities for dangerous conditions of property prior to its use to ensure property is safe and ascertain any preexisting conditions of damage and/or wear and tear. By its use of the Facilities, the City acknowledges, agrees and represents that it has inspected, or immediately upon entering will inspect, and carefully consider such premises and Facilities. It is further warranted that such entry into the YMCA for observation or use of any facilities or equipment or participation in the program constitutes an acknowledgement that such premises and all facilities and equipment thereon and such affiliated program have been inspected and carefully considered and that the City finds and accepts same as being safe and reasonably suited for the purpose of such observation, use or participation by the City and the participants in the program. Further, each participant in the program will sign a waiver releasing the City and YMCA against any claims, actions, lawsuits, damages and judgments including attorney's fees arising out of its use offacilities. The City will provide the YMCA with its waiver. Participants must comply with the YMCA's Shower Program Rules and Agreement and must execute and complete the YMCA's Application for Shower Program and the YMCA's Assumption of Risk, Release, and Waiver of Liability and Indemnity Agreement.