- ON BEHALF OF MYSELF AND ANY GUEST, I HEREBY ASSUME ALL THE RISKS OF BELONGING TO A FITNESS CENTER OR ANY OTHER FORM OF PHYSICAL ACTIVITY offered by PATHWAY TRAINING LLC (hereinafter Center), including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
- I CERTIFY that I am physically fit, have sufficiently prepared or trained for participating in activities or events at the Center, and have not been advised to not participate by any medical professional.
- I FURTHER CERTIFY that there are no health-related reasons or problems which preclude my participation in the activities or events at the Center, whether such activities or events occur onsite or offsite from the Center.
- I ACKNOWLEDGE that this Injury Waiver, Release of Liability and Indemnity Agreement will be used by the Center, its program instructors, trainers and their affiliates, and that it will govern my actions and responsibilities at said programs, activities, or events.
- I FURTHER AGREE that the Center, its respective affiliated companies, parents, subsidiaries and the officers, directors, shareholders, employees, managers, members, agents and independent contractors of such entities will not be liable for any loss including, personal, bodily, or mental injury, illness, disability, death, economic loss or any damage to me, my spouse or domestic partner, guests, unborn children, heirs, or relatives resulting from the negligent conduct or omission of the Center, or anyone acting on its behalf, whether related to exercise or not.
- IN CONSIDERATION of my agreement with the Center, which includes permitting me to participate in the activities or events, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: (A) I WAIVER, RELEASE AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from any activity, or event of the Center, THE FOLLOWING ENTITIES OR PERSONS: the Center, and/or its directors, officers, employees, volunteers, representatives, and agents, the program instructors, trainers, activity or event holders, activity or event sponsors, activity or event volunteers: (B) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in the activities, or events at the Center, whether caused by the negligence of release or otherwise.
- I ACKNOWLEDGE that the Center and its directors, officers, volunteers, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific program, activity, or event on behalf of the Center. I ACKNOWLEDGE that these programs, activities and events may involve a test of a person‘s
physical and mental limits and may carry with it the potential for death and serious injury. The risks may include, but are not limited to, those caused by facilities, temperature, condition of participant, equipment, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, trainers, event officials, and event monitors, and/or producers of events, and lack of hydration.
- I HEREBY ACKNOWLEDGE that this Injury Waiver, Release Of Liability And Indemnity Agreement is equally applicable to online and/or video training by the Center.
- I HEREBY ACKNOWLEDGE that I am fully required to provide my own medical coverage and that the Center will not be held liable for any expenses incurred for treatment of injuries while participating in these programs, activities, or events. The injury waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable Texas law.
- I CERTIFY THAT I HAVE READ THIS DOCUMENT, AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS AN INJURY WAIVER, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT AND A CONTRACT AND I SIGN OF MY OWN FREE WILL. FURTHER, PRIOR TO SIGNING BELOW, I CONSULTED WITH AN ATTORNEY OR, AT A MINIMUM, HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY BUT ELECTED NOT TO DO SO.
By checking the box below I am agreeing to all the above information.