RELEASE OF LIABILITY AND ASSUMPTION OF RISK
PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS RELEASE. BY AGREEING TO THESE TERMS, YOU UNDERSTAND YOU ARE WAIVING CERTAIN LEGAL RIGHTS THAT YOU MIGHT OTHERWISE HAVE.
The Sweat Shop Gym LLC (“Gym” or “we” or “us”) is excited that you have decided to participate in exercise and fitness activities at the Gym (collectively, the “Activity”) and to use the exercise and weight training equipment and other fitness related machines and facilities provided by the Gym (the “Facilities”). Before you participate in any Activity with us, we need you to clearly understand the risks of participating in any such Activity. Please be aware that if you do not agree to these terms, then you are not permitted to participate in Activities offered through the Gym or to use the Facilities.
The individual named below (referred to as “I” or “me”) desires to participate in certain exercise and fitness activities and use of equipment and falisities at the Gym. As an express condition to using the Gym’s facilities and In consideration of the intangible value that I will gain by participating in the Activity and in recognition of the Gym’s reliance hereon, I agree to all the terms and conditions set forth in this Release of Liability and Assumption of Risk (this “Release”).
- I am aware of the potential risks related to my participation in the Activity and use of the Facilities, and I acknowledge that I have evaluated the Activity and I agree to participate in such Activity, including, without limitation, to participate in: (a) use of the Facilities in which I will engage in weight training and strength exercises, (b) engage in cardiovascular exercises used by operating Gym equipment or machines, or (c) to otherwise enter any area where the Activity takes place, or to observe or otherwise participate in or in any other way be involved for any purpose with the Activity. I am also aware of the contagious nature of bacterial and viral diseases, including the novel coronavirus (COVID-19) (“Covid”) and the risk that I may be exposed to or contract Covid by engaging in the Activity, which may result in illness, personal injury, psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of the Gym or others, including negligent emergency response or rescue operations of the Gym. I understand that while the Gym has implemented measures to reduce the risk of injury from the Activity and the spread of Covid, the Gym cannot guarantee that I will not be injured or become infected with Covid due to my participation in the Activity and that engaging in the Activity may increase my risk of contracting Covid. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL INJURY, PSYCHOLOGICAL INJURY, PAIN, SUFFERING, DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING FROM MY ENGAGING IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE GYM OR OTHERWISE.
- I hereby expressly waive and release any and all claims, now known or hereafter known, against the Gym on account of personal or psychological injury, illness, pain, suffering, disability, death, property damage, or financial loss arising out of or attributable to my participation in the Activity or my use of the Facilities, whether arising out of the ordinary negligence of the Gym or otherwise. I covenant not to make or bring any such claim against the Gym, and forever release and discharge the Gym from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Texas law does not permit to be released by agreement.
- I confirm that I am: (a) in reasonably good health, in proper physical condition for my age, and do not have any medical or other conditions that would impair my ability to participate in the Activity or to use the Facilities; and (b) not experiencing symptoms of Covid (such as cough, shortness of breath, or fever). I will follow all instructions, recommendations, and cautions of the Gym at all times during the Activity and the advice and counsel of my personal physician. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, I will immediately discontinue further participation in the Activity.
- I shall defend, indemnify, and hold harmless the Gym against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against the Gym in a final non-appealable judgment, arising out of or resulting from any claim of a third party related to my participation in the Activity and my use of the Facilities, including any claim related to my own negligence or the ordinary negligence of the Gym.
- I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity and while at the Facilities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Gym from any claim based on such treatment or other medical services.
- This Release constitutes the entire agreement of the Gym and me with respect to the provision of the Activity by the Gym and my use of the Facilities and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Gym and me and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Blanco County, Texas, and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE GYM.
I am the parent or legal guardian of the person named above. I have the legal right to consent and, by signing below, I hereby do consent to the terms and conditions of this Release.
Printed Name of Legal Guardian: