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Liability Waiver and Informed Consent Form

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2020 City of Topeka Fitness Center Liability Waiver/Informed Consent Form

Name Work/Cell Phone Email

Employee ID Department

Address

For Dependent access, list the City of Topeka Employee's Name

Employee ID

Last 4 digits of SS # (necessary for providing badge access)

Requested Access Start Date: Requested Access End Date:

Emergency contact name Emergency contact Phone:

VOLUNTARY: I have voluntarily chosen to use, or allow my spouse or child age 14+ to use the exercise equipment and/or participate in a fitness program offered through the City of Topeka. I understand that activities available through the Fitness Program are not part of my job responsibilities and must be performed on my own time. I understand and agree to be physically present with and supervise activities of my dependent(s) if age 14-15.

RISK: I recognize that use of the facility or enrollment in any program may involve strenuous physical activity including, but not limited to, muscle strength and endurance training, cardiovascular training, and other various fitness activities, all of which are not medically supervised. I understand that any exercise or fitness activity involves a risk of injury, as well as abnormal changes in blood pressure, fainting, and a remote risk of heart attack, stroke, other serious disability or death. I am accepting such risks and volunteering to participate with full understanding of the dangers involved. I understand that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed. If I have chosen not to obtain consent from a personal healthcare provider prior to beginning this fitness program, I hereby agree that I am doing so solely at my own risk and that it is my sole responsibility to participate in exercises that are appropriate for the current health status. If I have any questions or concerns if an activity is appropriate to my current health status, I understand it is my responsibility to ask my personal healthcare provider before I participate in such activity.

WAIVER: In consideration of my participation in this program, I, for myself and my heirs, assigns, and anyone entitled to act on my behalf, hereby waive and release the City of Topeka, its officials, employees, and their successors and assigns, from any and all claims, costs, liability and expense for any injury, loss or damage whether known, anticipated or unanticipated arising from my voluntary participation and enrollment.

1. Initial I have read and agree to the above Liability Waiver / Informed Consent & Registration Form.

2. Initial I have read and agree with all Fitness Center Guidelines.

3. Initial I have reviewed the Health Risk Questionnaire and understand that it is recommended that all members see their physician prior to beginning a new exercise program, including use of the City of Topeka Fitness Center; especially those members identified as Moderate to High Risk based on current health status.

4. Would you like to receive emails from the City of Topeka Wellness Coordinator regarding updates and programming,

Member Signature

Date

Signature of Employee (If member is dependent under age 18, employee must be Parent or Legal Guardian)

Date

Print Name of Parent or Legal Guardian

2020 City of Topeka Fitness Center Facility Guidelines

Membership

• COT benefit eligible employees, and retirees may use fitness center at no cost.

• Dependents (spouses and children), over the age of 14 years may use the Fitness Center for $15 dollars per quarter. ($30 dollars per quarter for 2 or more dependents.)

• Qualified dependent children age 14-15 years old must be supervised by legal Parent or Guardian at all times.

• Membership is available to Shawnee County employees according to the City of Topeka/ Shawnee County Fitness Center Agreement. (Dependents of Shawnee County employees are not eligible at this time.)

Fitness Center Guidelines

• Members MUST sign in every time they use the Fitness Center.

• The City reserves the right to refuse usage based upon a prior failure to comply with the guidelines, who are abusive to staff or other members, for safety reasons, or for other reasonable and legal cause. All members must complete a Fitness Center Liability Waiver form and Health Risk Questionnaire each year.

• Dependents are required to complete enrollment forms and pay quarterly fees before being granted a badge with access.

• Dependent membership fees are due prior to the beginning of each quarter.

Unauthorized Use of Facility

• Only properly enrolled and eligible members are authorized to use the Fitness Center. Any employee who allows unauthorized use of the facility will lose access and may also be subject to disciplinary action.

Hours of Operation * Monday-Friday: 6 am-10 pm * Saturday & Sunday: 7 am-7 pm

Use of the Equipment

• The equipment is paid for with City funds. Please take care of it and maintain it appropriately.

• Each user must wipe down equipment with provided sanitizing wipes and put equipment away after use.

• Food and beverages, other than water, are not permitted.

• Please turn off select lights and TV/DVD player or radio if they are the last user to leave the facility after 5:00 p.m. or before 6:00 a.m.

• Any malfunctions must be reported immediately.

Locker Room/Shower Usage

• The Fitness Center is not responsible for lost or stolen items, please do not bring valuables.

• Remember to bring your own towel and pick up after yourself.

Dress

• Please dress appropriately, while promoting confidence, comfort and ease while using the facility. Users are required to wear appropriate athletic shoes and shirts during a workout.

• Users may wear business attire clothing on cardio equipment as long as appropriate footwear is worn.

Accidents/Notifications

• IN AN EMERGENCY CALL 911

• Contact the Wellness Coordinator of any incidents or accidents in the Fitness Center, or equipment and custodial issues that need to be addressed.

• If staff is unavailable, call the Guard Station (368.0999) or HR Desk (368.3867)

• For after business hours facility emergencies (ex: Flood) please call 785.633.5290.

Failure to adhere to these guidelines may result in a loss of your membership.

Emily Pham, Wellness Coordinator

epham@topeka.org    785.368.3602

Human Resources Department

785.368.3867

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What the Liability Waiver and Informed Consent Form Is

A Liability Waiver and Informed Consent Form documents consent to known risks and allocates responsibility between participants and providers for an activity, service, or procedure. It typically explains expected risks, required behaviors, emergency procedures, and any limits on liability or recovery. In healthcare and higher-risk activities the form combines disclosure language with an express consent statement, signature lines, and dates. Electronic execution is generally acceptable under federal ESIGN law and state UETA rules when intent, consent, attribution, and retention are demonstrable.

Why a Clear Waiver and Consent Matter

A well-drafted Liability Waiver and Informed Consent Form clarifies expectations, documents informed choice, and reduces litigation risk by recording that participants understood and accepted specific risks. Use precise language to improve enforceability and include signature, date, and identity material to meet ESIGN (15 U.S.C. ch. 96) and UETA standards.

Why a Clear Waiver and Consent Matter

Who Typically Completes This Form

Organizations and practitioners collecting voluntary consent or waivers across medical, athletic, recreational, educational, and event settings commonly use this document.

  • Healthcare clinics and outpatient providers completing procedure or treatment consents before care.
  • Recreation and sports operators collecting waivers for classes, leagues, or events.
  • Schools and camps obtaining parental consent and permission slips for minors.

Tailor the form to the audience—adult participants, guardians for minors, or employees for workplace activities—to ensure valid consent.

Primary Signers and Roles

Participant

The individual undertaking the activity or receiving treatment. Must sign to show informed consent, provide ID details, and record the effective date of consent; guardians sign for minors.

Provider

The organization, instructor, clinician, or event operator who documents risks and retains the signed form as part of compliance, privacy, and incident-response records.

Required Information and Practical Data Points

Full Legal Name: Exact name on ID
Date of Birth: MM/DD/YYYY
Activity Description: Specify service
Risk Disclosure: List material risks
Signature and Date: Handwritten or e-sign
Guardian Info: If signer is a minor

Penalties and Legal Risks to Know

Invalid Consent: May be unenforceable
HIPAA Exposure: Privacy penalties apply
I-9 Not Applicable: Not employment form
State Variation: Different rules possible
Minors: Guardian signature required
Intentional Omission: Leads to liability

Common Drafting and Execution Mistakes

  • Using vague risk language such as 'all possible risks' without describing material risks, which can undermine informed consent and invite disputes about adequacy of disclosure.
  • Failing to collect a dated signature or retaining only unsigned acknowledgment records; lack of date weakens proof of when consent was given.
  • Relying on broad exculpatory clauses that attempt to waive gross negligence or willful misconduct; many jurisdictions limit enforceability of such provisions.
  • Not tailoring language for minors or vulnerable populations; consent from a guardian and clear age-specific language are essential for enforceability.

Essential Components to Include

A professional Liability Waiver and Informed Consent Form combines disclosure, acknowledgement, and signature elements. Include clear sections for scope, risks, alternatives, and signature authentication to support legal validity.

Scope

Describe the specific activity, service, or procedure covered by the waiver so consent relates to clearly defined conduct and circumstances.

Risk Disclosure

List foreseeable, material risks in plain language so a reasonable person can understand and weigh the hazards before agreeing.

Alternatives

State practical alternatives or the option to decline participation when applicable to ensure the consent is informed.

Acknowledgement

Include language where the signer confirms understanding, had opportunity to ask questions, and consents voluntarily.

Signature Block

Provide signature, printed name, date, and, where relevant, guardian or witness lines with contact details to substantiate attribution.

Authentication

Specify acceptable identity verification (ID, driver license, SMS code, or notarization) and whether e-signatures are permitted.

Step-by-Step: Completing the Form

Follow these sequential steps to gather accurate consent and ensure the signed form is admissible and enforceable under electronic signature rules.

  • 01
    Prepare the Form: Insert activity, risks, alternatives, and signature fields.
  • 02
    Verify Identity: Check government ID or use electronic authentication.
  • 03
    Obtain Signature: Collect handwritten or e-signature with timestamp.
  • 04
    Store Record: Retain the executed form per retention rules.

How to Configure an Online Consent Workflow

Configure the e-sign workflow to reduce friction and to meet legal requirements for evidence of consent and attribution.

Field Configuration
Signer Authentication Email + SMS code or ID check
Conditional Fields Show guardian fields when signer is minor
Expiration Set link expiry to avoid stale consents
Reminders Automatic reminders until signed

Typical Electronic Signing Flow

An online consent workflow follows predictable steps; set authentication and retention to preserve proof of signature and consent.

  • Upload Document: Add the PDF or DOCX consent form
  • Place Fields: Add signature, date, and optional ID fields
  • Send to Signer: Use email or secure link delivery
  • Record Audit Trail: Capture IP, timestamp, and actions

Technical Considerations for eSubmission

For reliable e-signing, confirm file formats, authentication strength, and retention capabilities before sending forms.

  • File Formats: PDF and DOCX supported
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Security: TLS in transit; AES-256 at rest

Timing Considerations and Deadlines

While waivers themselves often lack statutory filing deadlines, obtain and record consent at specific times to preserve enforceability and regulatory compliance.

Before Participation:

Obtain signed consent prior to any activity or procedure

Minors:

Secure guardian signature before the minor participates

Notarization Timing:

Complete notarization at signing when required by state law

Record Availability:

Keep accessible copies during the active period and for retention term

Tax/Forms:

W-9 or IRS forms not typically required for waivers

eSignature Vendor Comparison for Executing Waivers and Consents

Compare common vendor attributes relevant to signing, authentication, HIPAA support, and envelope limits; signNow is listed first per comparative format requirements.

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Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 env/user/yr Varies Varies Varies

Frequently Asked Questions and Troubleshooting

Answers address common legal, technical, and practical issues encountered when preparing and executing a Liability Waiver and Informed Consent Form.


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