In consideration of my use of the exercise equipment and facilities ( the “FITNESS CENTER”) provided by the above named company (the “Company”) for any purpose, including, but not limited to observation, participating in physical activities, or using facilities and equipment in any way, I expressly agree and contract, on behalf of myself, my heirs, next of kin, executors, administrators, successors and assignees, that the Company, its insurers, landlord, employees, officers, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) sustained by me, or my guest in, on, or about the premises, or as a result of the use of the equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the Company.
I hereby agree, represent, and warrant with respect to any present or future entry into or use of the Fitness Center that:
1. Immediately upon entering, I will inspect the facilities and determine if the current state is safe and reasonably suited for the purposes I intend to use the facilities—whether observation, participation in group activities, or for single use
2. I am aware that the Fitness Center is an unattended facility and that it has facilities and equipment for activities such as weight training, jogging and running, stair climbing, rowing, aerobic activities, and other exercise activities. I understand that participation in physical activities and the use of the facilities or equipment at the Fitness Center involves inherent risks, including but not limited to death, serious neck and spinal injuries that could result in complete or partial paralysis, heart attacks, and injuries to bones, joints, and muscles whether incurred through use of the equipment or an equipment failure. I acknowledge I may also suffer property damage in the FITNESS CENTER. I understand such risks simply cannot be eliminated. I represent I am voluntarily utilizing the facilities at the Fitness Center with full knowledge of the potential dangers involved and the elevated risks associated with an unattended facility and that I elect to participate despite the risks.
3. I further understand that the Fitness Center as an unattended facility has no company representatives or staff assigned to monitor any activities at the Fitness Center. I am aware that the absence of staff or trained personnel to assist with emergencies could result in delayed emergency care or the absence of emergency care like CPR that could be life threatening. I understand no one may be in attendance to seek or call for emergency medical care if an injury should occur.
4. I am aware that as an unattended facility the dangers posed by the entry of unauthorized persons are increased and that no one may be present to intervene in the event of altercations, threats, or violent acts.
5. I represent that I have no medical or physical condition which could interfere with my safety in any activity in the FITNESS CENTER, or else I am willing to assume—and bear the costs of—all risks that may be created either directly or indirectly by any such condition.
6. I am aware that all releases herein also apply to any claims brought by or on behalf of a minor or are in any way connected with such participation by a minor. I represent that I will observe all rules and Company policies regarding the use of the facilities by a minor.
7. I acknowledge that I have been provided a copy of the FITNESS CENTER’S rules and policies and represent that I will abide by them at all times.
By the execution of this agreement, I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE REEL TIME FITNESS, LLC. I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest(s), and I hereby fully and forever release and discharge the Company, its insurers, landlord, employees, officers, directors, and associates, from any and claims, demands, damages, rights of action or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out of the use of said equipment and facilities.
I expressly agree to INDEMNIFY AND SAVE AND HOLD HARMLESS the Company and its landlord against any and all loss, liability, damage or cost (including but not limited to attorney fees), claims, demand, damages, rights of action or causes of action, of any person or entity, that may arise from injuries or damages sustained by me or my guest(s) or caused by me or my guest(s) while upon the premises which are in any way connected with my participation in any activity, my use of the equipment or facilities, whether such damages or claims are the result of negligence or equipment defects.
I agree to be solely responsible for the safety and wellbeing of my guest(s) and myself. I understand that the Company does not provide supervision, instruction, or assistance for the use of the facilities and equipment at the FITNESS CENTER. As a result, I understand there is no sanitizing or cleaning regularly being conducted throughout the day and my risk of getting infections such as colds, influenza, and staph are increased.
I agree to comply with all rules imposed by the Company regarding the use of the facilities and equipment at the FITNESS CENTER. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose and agree not to admit any unauthorized person into the FITNESS CENTER.
I understand and agree that the Company is not responsible for property that is lost, stolen or damaged while in, on, or about the premises.
I understand that this RELEASE, WAIVER AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as permitted by the laws of the State of Texas and agree that if any portion is held invalid, the remainder of the wavier will continue in full legal force and effect. I affirm that I am of legal age, am freely signing this agreement, and that no oral representations, statements, or inducements apart from this written agreement have been made
I HAVE READ THE FOREGOING WAIVER AND RELEASE OF LIABILITY AND VOLUNTARILY EXECUTED THIS DOCUMENT WITH FULL KNOWLEDGE OF ITS CONTENT. I UNDERSTAND THAT BY SIGNING THIS FORM I AM GIVING UP LEGAL RIGHTS AND REMEDIES THAT I MIGHT HAVE NOW OR IN THE FUTURE AND THAT I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST THE PARTIES BEING RELEASED ON THE BASIS OF ANY CLAIM, INCLUDING—BUT NOT LIMITED TO—NEGLIGENCE.