Electronic Transactional Communications
Receipt of Electronic Transactional Communications
Electronic Transactional Communications will be deemed received by you when such Electronic Transactional Communication is posted on The Core Houston website or sent to you. You agree that if The Core Houston sends you an Electronic Transactional Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive Electronic Transactional Communications, The Core Houston will be deemed to have provided the Electronic Transactional Communication to you.
IN CONSIDERATION of being permitted to utilize the exercise/fitness equipment (the `Equipment`) provided by TCON59, LLC d/b/a The Core (`The Core`) at 4665 Southwest Freeway, Houston, Harris County, Texas (the `Facilities`, which shall also include, without limitation, any other areas where I exercise or train with any of The Core`s personnel), and to participate in various exercise and fitness activities at the Facilities, I hereby expressly, irrevocably and unconditionally acknowledge and agree (on behalf of myself and my representatives, beneficiaries and heirs) to the following provisions contained in this Indemnification and Release of Liability (the `Release`): 1. I agree to expressly RELEASE, INDEMNIFY AND HOLD HARMLESS The Core (which shall include, without limitation, any owner officer, employee, representative, agent, contractor and/or any other affiliate of The Core) from and against any and all claims, demands, actions, liabilities, costs, expenses, and/or damages asserted against, imposed upon or incurred by The Core on account of death or injury to any person (including, without limitation, my own person), or damage to or theft of any property (including, without limitation, my own property) arising from or in connection with, or as a result of my use of the Equipment, my participation in any exercise or fitness activities at the Facilities or any related activities, or my presence at, on or around the Facilities. I expressly acknowledge and agree that The Core shall not be held responsible in any manner for any property lost, stolen or damaged while at, on or around the Premises or otherwise. I further agree to pay The Core`s court costs, reasonable attorneys` fees incurred and all other associated costs arising out of or in connection with such claims, demands, actions, liabilities, costs, expenses, and/or damages including, without limitation, all costs incurred in establishing the enforceability of this Release. I expressly, irrevocably and unconditionally agree that the terms and provisions of this Release shall apply WITHOUT REGARD TO WHETHER THE CLAIM, DEMAND, ACTIONS, LIABILITY, COST, EXPENSE, AND/OR DAMAGE IS BASED ON THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF MYSELF OR ANY OTHER PARTY OR WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR ANY OTHER TORT. I HEREBY EXPRESSLY, IRREVOCABLY AND UNCONDITIONALLY ACKNOWLEDGE AND AGREE THAT THIS SECTION SHALL SURVIVE THE TERMINATION THIS RELEASE, THE TERMINATION OF MY USE AT THE CORE OR OTHERWISE. 2. I am aware that there are inherent and other risks (including potential serious injury, permanent disability and death) involved in my use of the Equipment and my participation in the exercise and fitness activities. I expressly acknowledge that The Core does not provide any supervision, instruction or assistance relating to the use of the Equipment or the exercise and fitness activities. I therefore knowingly, freely, expressly, irrevocably and unconditionally agree to assume all such risks, whether known or unknown, EVEN IF ARISING FROM THE NEGLIGENCE OR INTENTIONAL MISCONDUCT of The Core (which shall include, without limitation, any owner officer, employee, representative, agent, contractor and/or any other affiliate of The Core) and assume full responsibility for my use of the Equipment, my participation in any exercise and fitness activities and/or any activity incident thereto. 3. I expressly agree to comply with all rules and regulations imposed by The Core regarding the use of the Facilities and the Equipment. I agree to conduct myself in a controlled and reasonable manner at all times and to refrain from using the Equipment in a manner that is inconsistent with its intended design and purpose. 4. I understand that this Release shall be governed by the laws of the State of Texas, without giving effect to the conflicts of law principles of any state. I hereby irrevocably consent to be subject to the personal jurisdiction of any United States, state, or local court sitting in Harris County, Houston, Texas in connection with any action to determine any dispute arising under this Release or to enforce the provisions hereof. 5. I understand that whenever possible, each provision of this Release shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision (or any section of any provision) of this Release is held to be prohibited by or invalid under applicable law, such provision (or any section of any provision) shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Release. a. A health spa operator is required to include the statement under Subsection (a)(3)(B) in a contract only if the operator is required to post security with the secretary of state under Subchapter D. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Spet. 1, 1999. Amended By: Acts 2005, 79th Leg., Ch. 908 (H.B.135), Sec. 6, eff. September 1,2005. Acts 2011, 82nd Leg., R.S., Ch. 1340 (S.B. 1231), Sec. 6, eff. September 1, 2011. I HAVE READ THIS INDEMNIFICATION AND RELEASE OF LIABILITY, AND I FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS RELEASE AND ACKNOWLEDGE THAT I HAVE SIGNED IT FREELY AND VOLUNTARILY.