Media Release
Eastside
Athlete LLC
2655 Premier Drive, Plano, Texas 75075 (the “Gym”)
PLEASE INITIAL EACH SECTION TO CONFIRM THAT YOU HAVE
READ, UNDERSTAND, AND AGREE TO THE FOLLOWING.
Initial Here PHOTOS,
VIDEO, AUDIO & DERIVATIVE WORKS. To satisfy an express condition
precedent to being a guest or member of the Gym, I authorize Eastside Athlete
LLC (“Gym Owner”), its agents, licensees, successors, and assigns to take
photographs as well as record audio and video of all of my activities at the Gym.
I fully understand and agree these photographs and recordings may be edited,
published, reproduced, summarized, transcribed, sold or given away by Gym Owner,
both offline and via the Internet. Furthermore, I acknowledge that Gym Owner is the sole copyright owner for
these images, recordings, and any derivative works.
Initial Here GOVERNING LAW. I agree that any disputes arising under or covered
by this Release shall be governed and controlled by the laws of the State of Texas applicable to contracts made and
performed therein without reference to the applicable choice of law provisions.
Initial Here DISPUTE RESOLUTION AND VENUE. Subject to the terms of the Texas
Health Spa Act, I agree that any dispute,
claim or controversy arising out of or relating to this Release or the breach,
termination, enforcement, interpretation or validity thereof, including the
determination of the scope or applicability of this agreement to arbitrate,
shall be determined by confidential
binding arbitration before one arbitrator who is a former federal or
state court judge. Arbitration shall be administered by the arbitrator pursuant
to American Arbitration Association
Rules in accordance with its Commercial Arbitration Rules, and judgment
on the award rendered by the arbitrator may be entered in any court having
jurisdiction thereof. In no case shall either Gym Owner or I have the right to
go to court or have a jury trial. We will not have the right to engage in
pre-trial discovery except as provided in the arbitration rules; I will not
have the right to participate as a representative or member of any class of
claimants pertaining to any claim subject to arbitration; the arbitrator's
decision will be final and binding with limited rights of appeal. This clause
does not preclude Gym Owner or me from seeking provisional remedies in aid of
arbitration from a court of appropriate jurisdiction. I also
agree all arbitration must occur in Collin
County, Texas. Arbitration fees and costs shall be split equally and Gym
Owner and I are solely responsible for our respective lawyer fees.
Initial Here DURABILITY. This Release is effective from the date
signed with no exceptions.
Initial Here SEVERABILITY. I agree that if any part of this Release is
determined in arbitration or by a court of competent jurisdiction to be invalid
or unenforceable, that part shall be limited
or eliminated to the minimum extent necessary so that the remainder of this Release
is fully enforceable and legally binding.