THIS AGREEMENT releases (“Member” or “Player”) and BME Athletics (“Gym” or “BME” or “Beast Mode Elite”) located with its primary place of business at 3339 Pinemont Drive, Houston, Texas 77018, from all liability relating to injuries that may occur during activities, training or otherwise. The Member desires to use the facilities, equipment and services of the Gym and in consideration of the opportunity to do so, Member agrees as follows:
- Member understands that using the Gym`s facilities and equipment involves certain inherent risks, including but not limited to the following specific risks, and accepts all risk involved in using the Gym and Gym’s services. a. Use of equipment: Risks associated with using gym equipment such as weights, machines, and cardiovascular equipment. b. Physical activity: Risks associated with participating in physical activities such as classes, training sessions, or personal coaching. c. Slip and fall accidents: Risks associated with slipping, tripping, or falling while in the gym, including those resulting from spills, wet surfaces, or uneven flooring. d. Strains and sprains: Risks associated with strains, sprains, and overuse injuries from participating in physical activity or using gym equipment. e. Cardiovascular conditions: Risks associated with engaging in physical activity, including heart attack, stroke, and other cardiovascular events. f. Musculoskeletal injuries: Risks associated with musculoskeletal injuries such as torn muscles, ligaments, or tendons. g. Heat stroke: Risks associated with overheating, dehydration, or heat stroke resulting from participating in physical activity. h. Allergic reactions: Risks associated with allergies or adverse reactions to equipment, products, or substances used in the gym. i. Training Services: Risks associated with all training services including but not limited to speed training, football related training, practices, games and any football related activities.
- Member, for himself/herself and for his/her executors, administrators, and assigns, knowingly and voluntarily assumes all risks associated with using the Gym`s facilities, services and equipment, including those risks listed above.
- Member releases, waives, discharges, and covenants not to sue the Gym, its owners, employees, agents, and contractors from any and all liability, claims, demands, causes of action, damages, or expenses arising from any injury, harm, or death, howsoever caused, to Member, whether arising from the negligence of the Gym, its owners, employees, agents, or contractors, or otherwise.
- Member agrees to indemnify and hold harmless the Gym, its owners, employees, agents, and contractors from any liability, responsibility, or claims for injury or harm that may occur while using the Gym`s facilities or equipment.
- Member acknowledges that he/she has read, understood, and had an opportunity to ask questions about the Waiver and that he/she has been given sufficient time to review the Waiver before signing.
- This Waiver and Release of Liability shall be binding upon and inure to the benefit of the parties, their respective heirs, executors, administrators, and assigns.
- This agreement shall be governed by and construed in accordance with the laws of Texas.
- If any portion of this agreement is held to be invalid or unenforceable, such portion shall be severed, and the remaining provisions shall remain in full force and effect.
ATHLETE MEDIA RELEASE BME ATHLETICS
I certify that I am eighteen (18) years of age or older. If I am under eighteen (18) years of
age, my parent, mother, father, or legal guardian has also signed this Release below.
For my participation in activities conducted by BME Athletics and any third parties
collaborating with BME Athletics, I hereby consent, now and for all time, to the creation,
reproduction, editing, recording, broadcasting, rebroadcasting, and use of video footage,
audio recordings, photographs, and any narrative account of my experience, image, likeness,
name, voice, and athletic performance (collectively, the "Materials").
I grant BME Athletics and collaborating third parties a perpetual, irrevocable, worldwide,
royalty-free license to use, reproduce, adapt, modify, publish, distribute, display, sell, and
otherwise exploit the Materials, in whole or in part, in any format or medium now known or
later developed, including but not limited to promotions, advertising, marketing, education,
training, commercial use, social media, websites, and other public or private
communications.
I understand and agree that my consent is irrevocable and that I will receive no
compensation of any kind for the use of the Materials.
I hereby release, waive, and discharge BME Athletics and all collaborating third parties from
any and all claims, actions, causes of action, demands, or liabilities of any kind arising out of
or related to the use, publication, disclosure, or distribution of the Materials, including but
not limited to claims for invasion of privacy, defamation, or rights of publicity.
Additional Acknowledgements
• All video footage, audio recordings, photographs, and narrative accounts authorized under
this Release shall be the exclusive property of BME Athletics and collaborating third parties,
who shall have full and unrestricted rights of ownership and disposition.
• The Materials shall not be subject to any obligation of confidentiality and may be shared
with, disclosed to, and used by BME Athletics and collaborating third parties without
restriction.
• BME Athletics and collaborating third parties shall not be liable for any use, disclosure, or
distribution of the Materials by third parties.
• BME Athletics and collaborating third parties shall exclusively own all known or later-
existing rights worldwide to the Materials and may use them for any lawful purpose,
without limitation and without compensation to me.
FIELD RENTAL WAIVER
IMPORTANT - READ CAREFULLY BEFORE SIGNING. This agreement affects legal rights and is intended to allocate risks associated with the rental and use of BME Athletics` field and related premises.
1. PARTIES AND RENTAL USE
This Field Rental Waiver, Release, Assumption of Risk, Indemnification and Hold Harmless Agreement ("Agreement") is entered into by the individual or entity signing below ("Renter") in favor of BME Athletics, Beast Mode Elite, and their owners, officers, directors, members, employees, agents, contractors, representatives, affiliates, successors and assigns (collectively, "BME"). In consideration for permission to rent, enter, occupy, or use the field, grounds, parking areas, entrances, exits, restrooms, equipment, and other areas made available by BME (collectively, the "Premises"), Renter agrees to the terms below.
2. RENTER`S RESPONSIBILITY FOR ALL PERSONS
Renter accepts responsibility for the rental group and for the conduct, supervision, safety, and activities of Renter`s participants, athletes, players, coaches, trainers, officials, employees, volunteers, parents, guardians, spectators, guests, vendors, invitees, and any other person entering the Premises in connection with Renter`s reservation (collectively, "Renter Parties"). Renter is responsible for communicating applicable BME rules and safety requirements to Renter Parties and for ensuring appropriate supervision of minors.
3. ASSUMPTION OF RISK
Renter understands that athletic, recreational, training, practice, game, event, and field-related activities involve inherent and other risks of injury, illness, property damage, disability, paralysis, or death. Risks may include, without limitation: running, jumping, cutting, throwing, catching, collisions or contact with other persons; falls; uneven, wet, slippery, hard, or changing playing surfaces; holes or field conditions; goals, nets, fences, walls, benches, equipment, balls, or other objects; weather, lightning, heat, humidity, dehydration, and other environmental conditions; strains, sprains, fractures, concussions, head or spinal injuries, cardiovascular events, and other medical emergencies; acts or omissions of participants or third parties; and risks associated with entering, exiting, parking, or moving around the Premises. Renter knowingly and voluntarily assumes, to the fullest extent permitted by law, all risks associated with Renter`s rental and use of the Premises.
4. RELEASE AND WAIVER OF CLAIMS
TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, RENTER, FOR RENTER AND RENTER`S HEIRS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE BME FOR CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, OR EXPENSES ARISING OUT OF OR RELATED TO RENTER`S ENTRY ON, RENTAL OF, OR USE OF THE PREMISES, INCLUDING CLAIMS FOR PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE, INCLUDING CLAIMS ALLEGED TO RESULT FROM THE ORDINARY NEGLIGENCE OF BME, EXCEPT TO THE EXTENT A CLAIM CANNOT LAWFULLY BE RELEASED OR WAIVED.
5. INDEMNIFICATION, DEFENSE, AND HOLD HARMLESS
TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, RENTER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BME FROM AND AGAINST THIRD-PARTY CLAIMS, DEMANDS, SUITS, LIABILITIES, DAMAGES, JUDGMENTS, LOSSES, FINES, PENALTIES, COSTS, AND REASONABLE ATTORNEYS` FEES ARISING OUT OF OR RELATED TO: (a) RENTER`S RENTAL OR USE OF THE PREMISES; (b) THE ACTIVITIES, CONDUCT, ACTS, OR OMISSIONS OF RENTER OR ANY RENTER PARTY; (c) BODILY INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY RENTER OR A RENTER PARTY; or (d) RENTER`S BREACH OF THIS AGREEMENT OR BME`S FACILITY RULES. THIS OBLIGATION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WHERE A CLAIM ALLEGES ORDINARY NEGLIGENCE BY BME, BUT DOES NOT REQUIRE RENTER TO INDEMNIFY BME FOR LIABILITY THAT TEXAS LAW PROHIBITS BME FROM SHIFTING BY CONTRACT.
6. INJURIES, MEDICAL CARE, AND EMERGENCIES
Renter is responsible for determining whether Renter Parties are physically able and appropriately equipped to participate. Renter is responsible for providing appropriate supervision and for responding to injuries or emergencies involving Renter Parties. Renter authorizes BME, but does not require BME, to contact emergency medical services when BME reasonably believes assistance is necessary. Renter understands that BME does not guarantee the availability of medical personnel or emergency treatment and is not responsible for medical costs incurred by Renter or Renter Parties.
7. MINORS
Renter shall not represent that this Agreement is an individual participant waiver signed on behalf of every minor or adult participant. Renter is responsible for obtaining any participant and parent/guardian waivers, permissions, medical authorizations, or releases appropriate for Renter`s activity. If Renter permits minors to participate, Renter is responsible for appropriate adult supervision and compliance with applicable law and BME rules.
8. FIELD AND WEATHER CONDITIONS
Renter agrees to inspect the areas being used before beginning activities and to promptly report any unsafe condition to BME. Renter shall stop activities when conditions are unsafe. BME may suspend, delay, relocate, or cancel use of the field because of weather, lightning, field conditions, safety concerns, maintenance, emergencies, or other conditions BME determines may make continued use unsafe. Renter is responsible for ensuring Renter Parties follow BME`s weather and safety instructions.
9. PROPERTY DAMAGE AND CLEANUP
Renter is responsible for damage to the Premises, fixtures, equipment, turf, field, fencing, buildings, or other property caused by Renter or Renter Parties beyond ordinary wear and tear. Renter is responsible for cleanup, removal of trash and personal property, and any repair, replacement, cleaning, or remediation charges resulting from the rental group`s use.
10. COMPLIANCE WITH RULES AND LAW
Renter shall comply with BME rules, posted instructions, applicable laws, and reasonable directions from BME staff. Renter shall not permit unlawful activity, dangerous conduct, unauthorized alterations, or use of the Premises outside the approved rental purpose. BME may terminate or suspend use for unsafe conduct, violations of rules, or material breach of the rental terms.
11. NO TRANSFER OF RESPONSIBILITY
BME`s presence, inspection, scheduling, staffing, or enforcement of facility rules does not transfer to BME the Renter`s responsibility to supervise and control Renter`s event, team, organization, participants, guests, or invitees. Renter remains responsible for the rental group`s activities and conduct during the rental period.
12. GOVERNING LAW; VENUE; SEVERABILITY
This Agreement shall be governed by the laws of the State of Texas. Any dispute arising from this Agreement shall be brought in a court of competent jurisdiction in Harris County, Texas, unless applicable law requires otherwise. If any provision is held invalid or unenforceable, that provision shall be severed or limited to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
13. ACKNOWLEDGMENT
Renter acknowledges that Renter has carefully read this Agreement, understands its terms, understands that it includes a release of liability and contractual indemnity obligations, has had an opportunity to ask questions and seek independent legal advice, and signs it knowingly and voluntarily. Renter represents that Renter is at least 18 years old and, if signing for an organization or team, has authority to bind that organization or team to this Agreement.
BASEBALL / SOFTBALL BATTING CAGE RENTAL
IMPORTANT — READ CAREFULLY BEFORE SIGNING. This Agreement affects legal rights and allocates risks associated with renting and using BME Athletics batting cages and related areas.
1. PARTIES AND RENTAL USE
This Batting Cage Rental Waiver, Release, Assumption of Risk and Indemnification Agreement ("Agreement") is entered into by the individual or entity signing below ("Renter") in favor of BME Athletics, Beast Mode Elite, and their owners, officers, directors, members, employees, agents, contractors, representatives, affiliates, successors and assigns (collectively, "BME"). In consideration for permission to enter, rent, occupy, or use BME batting cages, pitching areas, equipment, walkways, and related premises ("Cage Area"), Renter agrees to the following terms.
2. RENTER ASSUMES RESPONSIBILITY
Renter accepts responsibility for Renter`s rental group and for the conduct, supervision, safety, and activities of all athletes, players, coaches, trainers, parents, guardians, spectators, guests, invitees, and other persons entering or using the Cage Area in connection with Renter`s reservation (collectively, “Renter Parties”). Renter is responsible for communicating and enforcing BME rules and for ensuring that minors are appropriately supervised.
3. ASSUMPTION OF ALL RISKS
Renter understands that baseball, softball, batting, pitching, throwing, catching, training, and use of batting cages involve inherent and other risks of serious bodily injury, illness, disability, property damage, and death. These risks include, without limitation: being struck by pitched, thrown, deflected, ricocheted, or batted balls; being struck by bats or equipment; bat breakage; pitching machines and ball-feeding equipment; balls leaving or passing through netting; contact with nets, screens, frames, poles, walls, turf, flooring, or other structures; collisions with other persons; slips, trips, and falls; strains, sprains, fractures, concussions, head, eye, dental, facial, or other injuries; equipment malfunction or misuse; and acts or omissions of participants or third parties. RENTER KNOWINGLY AND VOLUNTARILY ASSUMES, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL RISKS ARISING FROM OR RELATED TO RENTER`S ENTRY INTO OR USE OF THE CAGE AREA.
4. RELEASE AND WAIVER OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, RENTER, FOR RENTER AND RENTER`S HEIRS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS, RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE BME FOR CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, OR EXPENSES ARISING OUT OF OR RELATED TO RENTER`S ENTRY INTO, RENTAL OF, OR USE OF THE CAGE AREA, INCLUDING PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE, INCLUDING CLAIMS ALLEGED TO RESULT FROM THE ORDINARY NEGLIGENCE OF BME, EXCEPT TO THE EXTENT A CLAIM CANNOT LAWFULLY BE RELEASED OR WAIVED.
5. INDEMNIFICATION, DEFENSE AND HOLD HARMLESS
TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW, RENTER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BME FROM THIRD-PARTY CLAIMS, DEMANDS, SUITS, LIABILITIES, DAMAGES, JUDGMENTS, LOSSES, COSTS, AND REASONABLE ATTORNEYS` FEES ARISING OUT OF OR RELATED TO: (a) RENTER`S RENTAL OR USE OF THE CAGE AREA; (b) THE ACTIVITIES, CONDUCT, ACTS, OR OMISSIONS OF RENTER OR ANY RENTER PARTY; (c) BODILY INJURY, DEATH, OR PROPERTY DAMAGE CAUSED BY RENTER OR A RENTER PARTY; OR (d) RENTER`S BREACH OF THIS AGREEMENT OR BME RULES. THIS OBLIGATION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WHERE A CLAIM ALLEGES ORDINARY NEGLIGENCE BY BME, BUT DOES NOT REQUIRE RENTER TO INDEMNIFY BME FOR LIABILITY THAT TEXAS LAW PROHIBITS BME FROM SHIFTING BY CONTRACT.
6. BATTING CAGE SAFETY RULES
Renter agrees to ensure that Renter Parties follow all posted and communicated safety rules. Only authorized participants may enter an active cage. Participants must remain alert for balls and bats at all times; maintain a safe distance from anyone swinging a bat; use helmets and other protective equipment appropriate for the activity; keep gates or cage entrances secured as directed; and use pitching machines and other equipment only as authorized and according to instructions. No person may intentionally throw or hit balls toward spectators, walkways, neighboring cages, or persons who are not participating. Renter shall immediately stop use and notify BME of damaged nets, screens, equipment, unsafe conditions, or malfunctioning equipment.
7. MINORS AND SUPERVISION
Renter is responsible for appropriate adult supervision of minors in Renter`s group and for obtaining any participant and parent/guardian waivers, permissions, or medical authorizations appropriate for Renter`s activity. Children and non-participants must remain outside active hitting and pitching areas unless specifically authorized and properly supervised.
8. MEDICAL CONDITIONS AND EMERGENCIES
Renter is responsible for determining whether Renter and Renter Parties are physically able and appropriately equipped to participate. Renter authorizes BME, but does not require BME, to contact emergency medical services when BME reasonably believes assistance is necessary. BME does not guarantee the availability of medical personnel or emergency treatment, and Renter is responsible for medical expenses incurred by Renter or Renter Parties.
9. INSPECTION AND EQUIPMENT
Renter agrees to inspect the Cage Area and any equipment used before beginning activities. Renter shall not use equipment or an area that appears damaged or unsafe and shall immediately notify BME staff. Renter may not alter, move, repair, disable, or misuse BME equipment, netting, screens, pitching machines, or cage structures without authorization.
10. PROPERTY DAMAGE
Renter is financially responsible for damage to BME property, batting cages, netting, turf, pitching machines, screens, equipment, fixtures, or facilities caused by Renter or Renter Parties beyond ordinary wear and tear. Renter is also responsible for cleanup and removal of personal property and trash associated with the rental.
11. NO TRANSFER OF RESPONSIBILITY
BME`s presence, scheduling, inspection, staffing, or enforcement of facility rules does not transfer to BME the Renter`s responsibility to supervise and control Renter`s rental group. Renter remains responsible for the activities and conduct of Renter Parties during the rental period.
12. GOVERNING LAW; VENUE; SEVERABILITY
This Agreement shall be governed by the laws of the State of Texas. Any dispute arising from this Agreement shall be brought in a court of competent jurisdiction in Harris County, Texas, unless applicable law requires otherwise. If any provision is held invalid or unenforceable, it shall be severed or limited to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
13. ACKNOWLEDGMENT
Renter acknowledges that Renter has carefully read this Agreement, understands its terms, understands that it contains a release of liability and contractual indemnity obligations, has had an opportunity to ask questions and seek independent legal advice, and signs knowingly and voluntarily. Renter represents that Renter is at least 18 years old and, if signing for a team, organization, or business, has authority to bind that organization or business.