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.