WAIVER,
RELEASE OF LIABILITY & ASSUMPTION OF RISK
Eastside Athlete
LLC, 2655 Premier Drive,
Plano, Texas 75075 (the “Gym”). The term Gym includes all indoor and outdoor spaces on or around the address noted above.
The term “Sport” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by Eastside Athlete LLC (“Gym Owner”) and shall include, but is not limited to: Sport; Sport rental; orientational and instructional courses, fitness classes, seminars and sessions; travel, transport and accommodation; and other such activities, events and services in any way connected with or related to Sport.
PLEASE INITIAL EACH SECTION TO CONFIRM THAT YOU HAVE READ, UNDERSTAND,
AND AGREE TO THE FOLLOWING.
Initial Here NOTICE AND CONSENT
TO INSTRUCTORS. Eastside Athlete LLC (“Gym Owner”), seeks to use fitness instructors. If I am taking a fitness class or receiving 1:1 personal instruction, I understand that I may not always have the instructor I desire. However, I agree to learn from whoever
is teaching. I understand I am responsible for my own personal
safety and
agree that the
full force of this Agreement
applies regardless of which
instructors train me.
Initial Here SPORT. I am aware that Sport involves many risks, dangers and hazards. The risks, dangers and hazards, including but not limited to: loss of balance; difficulty or inability to control
one’s speed and direction; variation or steepness in terrain; rapid or uncontrolled acceleration on hills and inclines; mechanical failure of equipment; variation or changes in the
playing surface including rocks, gravel; changing weather conditions; exposure to temperature extremes or inclement weather; travel or transport to and from the sites used for Sport; collision with other players; failing to play safely or within the limitations of one’s own abilities, negligence of other participants; and NEGLIGENCE ON THE PART OF THE GYM OWNER, INCLUDING THE FAILURE ON THE PART OF THE GYM OWNER TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS
OF SPORT.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH SPORT AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND
HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM
Initial Here LOST, DAMAGED, OR STOLEN PROPERTY. I
understand and agree that Gym Owner, its agents, and
employees are not responsible for lost, damaged, or stolen articles or personal
property. I have been advised by Gym Owner to write my name in indelible ink on
any clothing and personal equipment I bring to the Gym, to keep my possessions locked
in my vehicle, and to leave valuables at home.
Initial Here GYM RULES. By signing this Agreement, I acknowledge the Gym Rules of Use & Code of Conduct (the “Rules”), and agree to follow them. Gym Owner reserves the right to amend the Rules by posting an updated copy in the Gym’s lobby. I agree that Gym Owner may suspend or revoke my access to the Gym if I fail to obey the Rules.
Initial Here GOVERNING LAW. I agree that any disputes arising under or covered by this Agreement 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 Agreement 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 Agreement is effective from the date signed with no exceptions. Furthermore, the contents of this Agreement are retroactive to the date I first began training at the Gym if this document was signed after that date.
Initial Here SEVERABILITY. I agree that if any part of this Agreement 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 Agreement is fully enforceable and legally binding.
Initial Here ASSUMPTION OF RISK. I affirm that I have disclosed any and all known medical, physical and/or mental injuries or impairments (e.g. a heart condition) that may be impacted by my participation in such fitness training activities. I understand that physical fitness training may consist of potentially dangerous activities. Bumps, bruises, scrapes, and soreness are commonplace. Most guests will encounter these minor injuries from time to time. More serious injuries are possible, such as sprains, strains, twists, cramps, and injuries of similar magnitude. Guests could expect to encounter these injuries infrequently. The possibility of even more serious injuries (e.g. fractures and concussions) exists despite all safety precautions. While at the Gym, I intend to engage in strenuous physical activities and understand that these activities involve risk and exposure to personal and mental injuries, which risk and exposure I voluntarily assume for myself.
Initial Here RELEASE OF LIABILITY. THEREFORE, ON BEHALF OF MYSELF, SPOUSE, HEIRS, ADMINISTRATORS, AND ASSIGNS, I HEREBY RELEASE IN FULL FROM ANY AND ALL CLAIMS AND FOREVER DISCHARGE GYM OWNER, ITS PRINCIPALS, OFFICERS, EMPLOYEES, STAFF, AGENTS, MEMBERS, OTHER GUESTS, SUCCESSORS, ASSIGNS, AND ALL OTHER PARTIES FROM ANY AND ALL LIABILITY, DAMAGES, CLAIMS, DEMANDS AND/OR CAUSES OF ACTION RELATING TO OR DERIVING FROM ANY INJURY TO ME DURING OR ARISING OUT OF THE USE OF THE GYM OR PARTICIPATION IN ANY GYM EVENT (E.G., TRAINING CLASSES, SEMINARS, 1:1 PERSONAL INSTRUCTION, ETC.), INCLUDING ALL RISK CONNECTED THEREWITH, WHETHER SEEN OR UNFORESEEN, EXCEPTING ONLY CLAIMS FOR GROSS NEGLIGENCE OR INTENTIONAL TORT.