Fitness Centers

These terms are subject to The Arbitration Agreement and Class Action Waiver incorporated with this reference that governs how claims and disputes between you and The Cosmopolitan will be resolved. The Arbitration and Class Action Waiver Agreement that all disputes between you and The Cosmopolitan will be resolved by mandatory binding arbitration, except for certain types of disputes as identified or unless you expressly reject arbitration. In any event, you waive any right to participate in a class action lawsuit or class-wide arbitration such that you will only be permitted to pursue any claim on an individual basis.

You and any other individuals in your group acknowledge and voluntarily assume the risk that visiting our property and using any services or amenities involves a risk of exposure to COVID-19, which may cause serious injury, loss of work, or death. You and all individuals in your group, waive, release, and forever discharge to the fullest extent permitted by law any and all liability, claims, or demands, of whatever nature, now known or hereafter known, against The Cosmopolitan of Las Vegas and its affiliates and each of their respective employees and representatives arising out of or attributable to any exposure to COVID-19 resulting from a visit to our property or use of any of our services or amenities, whether or not the exposure was the result of your negligence or ours. If you or anyone in your party makes such a claim, you will indemnify, defend, and hold us harmless, and you will be responsible for all costs and fees of that claim incurred by The Cosmopolitan of Las Vegas. Any disputes arising from this release are subject to our Agreement to Mandatory Arbitration and Class Action Waiver.