VOLUNTARY WAIVER OF LIABILITY AND RELEASE OF CLAIMS FOR IRON CITY GYM, LLC

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. IT AFFECTS YOUR LEGAL RIGHTS.

I understand that this Agreement benefits, and is in favor of, all owners, operators, and specific named operators and agents of IRON CITY GYM, LLC, their employees, officers, directors, parents, subsidiaries, owners, and affiliates (“The Gym”) all of whom are collectively the "Releasees" herein.

In consideration of being allowed entry onto the Iron City Gym, shower and restroom facilities, or any other facilities and amenities offered on or about and/or being allowed to enter the business premises located on or about, 15922 Cypress North Houston Rd #200, Cypress, TX 77429 (collectively, the “Venue”) for any reason, including, but not limited to, lifting weights, using any machinery, group exercise classes, sport and recreational activities, eating, drinking, and/or lounging or spectating anywhere on the Venue (the “Activities”), I agree to the following:

 

ACKNOWLEDGEMENT OF RISKS:

 

I recognize that IRON CITY GYM, LLC’s engaging in physical fitness activities, including but not limited to personal training sessions, group exercise classes, and the use of exercise equipment, carries inherent risks of physical injury, illness, or death. I recognize that participating in the Activities carries a high-risk and may be considered strenuous activity potentially requiring considerable physical exertion and bringing about mental and physical stress.

 

I acknowledge that the Trainers at the Gym are not employees or representatives of the Gym. The Trainers provide their services on their own behalf and are solely responsible for the advice, guidance, and nutritional information they offer to me.

 

I acknowledge that any nutritional advice or supplement recommendations provided by the Trainers are based on their expertise and knowledge. I understand that the Gym is not responsible for the accuracy or safety of the

 

nutritional advice or supplements suggested by the Trainers.

 

I am aware that taking supplements involves potential health risks, and I understand that it is my responsibility to consult with a qualified healthcare professional before starting any supplement regimen. I release the Gym from any liability related to the use of supplements, including but not limited to any adverse effects, allergic reactions, or interactions with medications.

 

I understand and acknowledge that there are inherent risks associated with participating, spectating, and simply being in proximity to the Activities at the Venue including, but not limited to physical injury, overexertion, cardiovascular risks, allergic reactions, contagious illnesses, nutritional risks, slipping, falling, collision with other participants or fixed objects, the negligent conduct of other patrons, the real potential for strains, sprains, lacerations, fractures, concussions, illnesses, serious bodily injury, death, and other risks that are unknown at this time. In addition, areas where people gather socially involve risks of illness, medical complications, bodily exudates, injury, or death, associated with epidemic or pandemic diseases such as COVID-19.

 

I understand that other participants may engage in reckless conduct and use equipment in such a manner to cause grievous personal injury or death to me. I further understand that IRON CITY GYM, LLC cannot and does not guarantee my safety or warrant that I will not suffer physical, emotional or psychological injury or death.

 

ASSUMPTION OF RISK:

Notwithstanding the significant and very real risk to my person,or minor(s) in my care, being involved in Activities, I, for myself and/or on behalf of any minor(s) in my care, hereby assume all risks and dangers and all responsibility for any and all risk of bodily injury, psychological injury, death, or property damage I/we may suffer as a result of entry into and presence at and around the Venue and/or participation in the Activities. Without limitation, this includes serious bodily injury, emotional distress, mental suffering, paralysis, death, or property damage  resulting  from the  negligence  or  carelessness of Releasees, and/or that I/we may suffer

as a result of inherently dangerous activities and conditions at the Venue.

 

WAIVER AND RELEASE OF CLAIMS:

 

I, for myself, and on behalf of any minor(s) in my care, expressly waive and release all claims against Releasees relating to or arising from the Gym’s  performance  or  failure  to perform  maintenance, inspection, supervision, or control of any event, restricted areas, or equipment and/or the Gym’s failure to warn of dangerous conditions that may exist at the Venue; and any claims and liabilities resulting from the conduct of independent contractors/trainers, vendors, emergency personnel, rescue personnel, and all other third parties at the Venue. This includes injuries, damage, or harm suffered while participating in the Activities and/or being present in the Venue.

 

This release is valid and effective whether the injury, harm, damage, or death is the result of any act or omission by the Releasees, their agents, or from any other cause. This release of liability includes, without limitation, any injuries, accidents, illnesses, or harm which  may  occur  as  a result of improper maintenance of facilities or equipment, my improper use of equipment, use of equipment which may malfunction, slipping and falling while observing or participating in Activities, and/or while being supervised or unsupervised by Releasees.

 

LIMITATION OF LIABILITY:

In the unlikely event that IRON CITY GYM, LLC is found liable for any activity or conduct relating to or arising from the Activities, I agree that IRON CITY GYM, LLC shall not be liable for any special damages or punitive damages; any incidental or consequential damages; or any attorney fees and costs. IRON CITY GYM, LLC’s damages, if any, shall be expressly limited to one hundred and 00/100 dollars ($100.00).

 

INDEMNITY:

 

I, the undersigned, agree to indemnify and hold harmless the Releasees from any loss, liability, damages of any nature, or costs they may incur if a third party makes a claim for any injury, death, or any property damage arising from or related to the Venue

 

against me and one or more claims, cross-claims or third party complaints are made against Releasees. I agree to indemnify Releasees and to reduce, diminish, and eliminate Releasees’ liability to the fullest extent legally available with respect to the third-party claims.

 

ACKNOWLEDGEMENT OF RULES AND SAFETY PRECAUTIONS:                                 

I, for myself, OR any minor(s) in my care, agree to observe and obey all rules and warnings posted at the Venue at all times, to follow any additional written or verbal instructions, commands, or directions given by the Venue’s trainers, employees, representatives, agents, or any of the Releasees. I, and any minor(s) in my care, further agree to exercise good judgment and to behave in a safe and responsible manner while present at the Venue.

 

IMAGE AND AUDIO RELEASE:

 

I grant full permission and an irrevocable license to IRON CITY GYM, LLC, and/or parties designated by IRON CITY GYM, LLC, to photograph and/or audio or video record any and all participation by me, any add-ons or the minor(s) in my care in Activities at the Venue for any purpose, including but not limited to, promotional purposes, marketing, trade, or commercial purposes, and/or any other lawful purposes in any location, at any time, and on any and all forms of media (electronic, digital, or print) as used by Releasees or their licensees without payment or consideration thereof due to me. I hereby grant Releasees the irrevocable right and license to use my, or any minors in my care, name, image, voice and/or likeness, with or without notice, without restriction as to changes or alterations and to use them in perpetuity throughout the world, no matter by whom recorded.

 

SEVERABILITY:

 

I, the undersigned, expressly agree that the foregoing waiver, release, and agreement is intended to be as broad and inclusive as is permitted by the law of the State of Texas and that if one or more of the provisions thereof is deemed void or unenforceable by law, it is agreed that the remaining provisions shall continue in full legal force and effect.

GOVERNING LAW AND CONSENT TO JURISDICTION:

 

This Agreement will be governed by the laws of the state of Texas without regard to any conflicts of law principles. The Parties hereby expressly consent to the personal jurisdiction in the state of Texas and venue in Harris County, Texas for any arbitration or lawsuit filed by one party against the other, relating to or arising from the interpretation, performance, or enforcement of this Agreement.

 

MEDIATION/ARBITRATION OF ANY AND ALL DISPUTES:

 

EXCEPT FOR PURPOSES OF INJUNCTIVE RELIEF, ANY DISPUTES OR CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED BY BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (AAA) EMPLOYING THE THEN EXISTING COMMERCIAL RULES OF THE AAA. THE PARTIES SHALL FIRST ATTEMPT TO MEDIATE ANY SUCH DISPUTE PRIOR TO PROCEEDING WITH AN ARBITRATION HEARING.

ARBITRATION SHALL BE HELD IN HARRIS

COUNTY, TEXAS, BY A SINGLE-MEMBER PANEL, CHOSEN  PURSUANT  TO  THE  AAA.THE

FEDERAL ARBITRATION ACT, AND NOT ANY STATE ARBITRATION ACT OR RULE, SHALL GOVERN THE ARBITRATION.

 

Signature at completion of this form confirm you have read and accepted these terms: I, on behalf of myself, any add-ons or minor(s) in my care, understand and acknowledge that "Releasees" may not be aware of any fitness limitations, abilities, familiarity with the lifting weights and using machines, and/or health conditions for myself, any add-ons or minors's in my care. 

 I, on behalf of myself, any add-ons or minors(s)in my care are in good health and in proper physical and mental condition to participate in the Activities. I, on behalf of myself, any add-ons or minors(s) in my care are not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my/our ability to safely participate in Activities

 I, on behalf of myself, any add-ons or minors(s) in my care understand and acknowledge The Gym has the sole right to suspend my/our participation at the Venue if my/our actions, health conditions, fitness limitations, abilities, or physical or mental conditions appear to be unmanageable, endanger another customer, employee of IRON CITY GYM, LLC, or myself/ourselves.

*SIGNATUE AT COMPLETION OF THIS FORM IS ACKNOWLEDGE OF RULES FOR MINORS

I on behalf of myself, any add-ons or minors(s) in my care understand Minors 12 to 14

years of age must be accompanied by parent/guardian or person 18 years or older who is responsible

for their care. Under 12 years of age are not permitted to use the weightlifting equiptment.