IN CONSIDERATION of being given the opportunity to utilize services offered by Castle Hill Integrative Fitness, LLC, from here on referred to as “Club” and being able to participate in any of the activities (“Activities”) offered by/at the Club regardless of the physical location where such services and Activities offered,
I, for myself, my personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE AGREE AND REPRESENT that my participation in any and all Services and/or Activities offered by the Club, both indoors and outdoors based, or my use of equipment, accessories, amenities, and property provided by the Club are of my free will and that I am qualified, in good health and in proper physical condition to participate in such activities.
2. FULLY UNDERSTAND that: (a) ACTIVITIES offered by the Club INVOLVE RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis, and death (“Risks”); (b) these Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others involved in the Activities, the condition in which the Activities take place, or the negligence of the Releasees named below; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Activities.
3. AGREE AND WARRANT that I will examine and inspect each of the Services and Activities in which I take part as a member and or patron of Castle Hill Fitness, and that if I observe any conditions which I consider to be unacceptable hazardous or dangerous, I will notify the proper authority in charge of the Activity and will refuse to participate in the Activity until the condition has been corrected to my satisfaction.
4. UNDERSTAND that by participating in any programs or classes at the Club, I am allowing myself to be filmed and photographed both for security and marketing purposes. Filming and photography may be arranged without prior notice, and used for promotional purposes on the website, social media, print or television ads, in the studio, and anywhere else deemed necessary.
5. HEREBY RELEASE, discharge, and covenant not to sue Castle Hill Integrative Fitness, LLC, their respective owners, administrators, directors, officers, agents, members, managers, volunteers and employees, contractors, other participating sponsors, advertisers, and as applicable owners and lessors of premises upon which the Activities take place (each considered one of the RELEASEES herein) from all liability, claims, demands, losses or damages on my account caused in whole or in part by my own acts or omissions, the acts or omissions of the RELEASEES, and/or the acts or omissions of others, including my own negligence, the negligence of the RELEASEES and the negligence of others; and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement I, or anyone on my behalf, makes a claim against any of the RELEASEES, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS each of the RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as a result of such claim. This waiver and release also include all liability, claims, demands, losses, and damages related to, arising from, or associated with the presence of or transmission of any bacteria, viruses, or infectious diseases. I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law, and agree that if any portion of the agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.
6. If any dispute or controversy arises among the parties to this Agreement concerning any provision of this Agreement, that dispute or controversy shall be governed by the laws of the State of Texas, without regard to conflicts of laws principles, and shall be submitted for binding arbitration pursuant to terms of the Federal Arbitration Act. The dispute or controversy shall be submitted for resolution to a board of arbitration in Austin, Texas composed of one member. Such arbitration shall be conducted pursuant to the rules of the American Arbitration Association (the "AAA"), Commercial Rules (expedited version) and a decision of the board of arbitration (including an award of costs) shall be final and binding upon the parties. Each of the parties consents to the jurisdiction of the courts of the State of Texas for enforcement of any arbitration award as stated above. THE PARTIES HEREBY AGREE TO AND EACH HEREBY DO WAIVE A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY EITHER OF THE PARTIES HERETO AGAINST THE OTHER ARISING OUT OF THIS AGREEMENT AND THE RELATIONSHIP BETWEEN THE PARTIES.
I am not relying upon any oral or written representations or statements made by THE RELEASEES with respect to the safety of Activities other than what is set forth in this Agreement. I acknowledge that THE RELEASEES have not made any representations as to the safety of the Activities offered by the Club or available at the Club’s premises.
I confirm that I have read, been fully informed, and understand the terms, language within this Waiver prior to signing it, and I am aware that by signing this waiver, I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against THE RELEASEES.
