WAIVER AND RELEASE OF LIABILITY

IN CONSIDERATION OF the risk of injury that exists while participating in GYM WORKOUT (hereafter the “ACTIVITY); and

IN CONSIDERATION OF my desire to participate in said ACTIVITY and being given the right to participate in the same:

I, HEREBY, for myself, my heir, executors, administrators, assigns or personal representatives (thereafter collectively, “Releaser” “I”, or “ME”, which term shall also include Releasor, parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER and RELEASE OF LIABILITY and hereby waive any and all rights, claims, or causes of action of any kind arising out of my participation in the ACTIVITY; and        

I, HEREBY, release and forever discharge DRE’S ELITE FITNESS, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, and successors and assigns (collectively “Releasees”), from any physical or psychological injury that I may suffer as a direct or indirect result of my participation in the aforementioned ACTIVITY.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF TH RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DIFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOME MAY ARISE FROM MY OWN OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I, FURTHER AGREE, to indemnify, defend, and hold harmless the Releasees against any and all claims, suits, or actions of any kind whatsoever liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.

I, FURTHER ACKNOWLEDGE, that the Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize DRE’S ELITE FITNESS to provide all emergency medical care deemed necessary, including, but not limited to, first aid, CPR, the use of AEDs, emergency medical transport and sharing of medical information with medical personnel. I further agree to assume all costs involved an agree to be financially responsible for any costs associated with, or incurred by, as a result of such treatment. I am aware an understand that I should carry my own health insurance.

I, FURTHER ACKNOWLEDGE, that this ACTIVITY may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property lo. I agree not to participate in the ACTIVITY unless I am medically able and properly trained, and I agree to abide by the decision of the DRE’S ELITE FITNESS official or agent, regarding my approval to participate in the ACTIVITY,

I, HEREBY, ACKNOWLEDGE THAT I HAVE CAREFULY REA THIS “WAIVER AN RELEASE OF LIABILITY” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE DRE’S ELITE FITNESS AND ALL OF ITS AFFILIATED, MANAGER, MEMBERS, AGENT, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, AND SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION, AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING LEGAL ACTION AGAINST DRE’S ELITE FITNESS FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit release for ordinary negligence, this release is also for such negligence on the part of DRE’S ELITE FITNESS, its agents, and employees.

I agree that this Release shall be governed, for all purposes, by Texas law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.

In the event that any damages to equipment or facilitate occurs as a result of my, or my family’s, or my agent’s willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for any such actions of neglect, neglect, or recklessness.

THIS WAIVER AND RELEASE OF LIABLIITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

THIS AGREEMENT was entered into at arm’s length, without duress or coercion and is to be interpreted as an agreement between two parties of equal bargaining strength. 

Both (participant) and DRE’S ELITE FITNESS agree that this agreement is clear and unambiguous as to its terms and that no other evidence shall be used or admitted altering or explain the terms of this agreement but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event any provision contained in this Waiver and Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase, or portion thereof shall be determined as unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable then said provision shall be deemed to be written, construed and enforce as so limited.

In the event of an emergency, please contact the following person(s) in order of presentation

Name:                                    number:

Name:                                    number:

Name:                                     number:

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF, AT LEAST, THE AGE OF 18, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, AND FULLY UNDERSTAND ITS CONTENTS AND THAT THIS RELEASE CANNOT BE MODIFIED, ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT ON MY OWN FREE WILL.