THIS WAIVER, RELEASE OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT IS PART OF YOUR MEMBERSHIP AGREEMENT.
PLEASE CHECK EACH SECTION TO CONFIRM THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THE FOLLOWING. I represent and warrant that I have read and understand this Agreement, I agree to all of the terms and conditions in the Agreement, I am over 18 years of age, and I have the mental capacity to execute a legally binding agreement.
Please answer the following questions
GYM RULES. By signing this Agreement, I acknowledge the Gym Rules of Use & Code of Conduct (the “Rules”), and agree to follow them. LBC reserves the right to amend the Rules by posting an updated copy in the Gym’s lobby. LBC is committed to the health, safety, and welfare of each of its members and staff and will not tolerate harassment in any form on the basis of race, creed, color, ethnicity, national origin, religion, sexual orientation, gender identity and expression, age, height, weight, physical or mental ability, veteran status, military obligations, or marital status. I agree that LBC may suspend or revoke my access to the Gym if I fail to obey the Rules.
DISPUTE RESOLUTION AND VENUE. Subject to the terms of the Texas Health Spa Act, I agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by confidential binding arbitration before one arbitrator who is a former federal or state court judge. Arbitration shall be administered by the arbitrator pursuant to American Arbitration Association Rules in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. In no case shall either LBC or I have the right to go to court or have a jury trial. We will not have the right to engage in pre-trial discovery except as provided in the arbitration rules; I will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal. This clause does not preclude LBC or me from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. I also agree all arbitration must occur in the City of Austin, Travis County, Texas. Arbitration fees and costs shall be split equally and LBC and I are solely responsible for our respective lawyer fees.
ASSUMPTION OF RISK. I affirm that I have disclosed any and all known medical, physical and/or mental injuries, infections, or impairments (e.g. a heart condition) that may be impacted by my participation in fitness training activities. I understand that, like a visit to a beauty salon, contact with Gym premises, equipment, staff, members, and guests may expose me to infectious, communicable, and contagious diseases (e.g. a coronavirus). I understand that, like going to a salon or barbershop, being present at or participating in Gym activities involves possible exposure to and infection with the COVID-19 coronavirus, which infection risk and exposure I voluntarily assume for myself. I also understand that physical fitness training may consist of potentially dangerous activities. Bumps, bruises, scrapes, and soreness are commonplace. Most members and guests will encounter these minor injuries from time to time. More serious injuries are possible, such as sprains, strains, twists, cramps, and injuries of similar magnitude. Members and guests can expect to encounter these injuries infrequently. The possibility of even more serious injuries (e.g. fractures and concussions) exists despite all safety precautions. While at the Gym, I intend to engage in strenuous physical activities and understand that these activities involve risk and exposure to physical injuries, mental injuries, infections, and disease, which risk and exposure I voluntarily assume for myself.
RELEASE OF LIABILITY. THEREFORE, ON BEHALF OF MYSELF, SPOUSE, HEIRS,
ADMINISTRATORS, AND ASSIGNS, I HEREBY RELEASE IN FULL FROM ANY AND ALL CLAIMS AND
FOREVER DISCHARGE LBC, ITS PRINCIPALS, OFFICERS, EMPLOYEES, STAFF, AGENTS, OTHER MEMBERS,
GUESTS, SUCCESSORS, ASSIGNS, AND ALL OTHER PARTIES FROM ANY AND ALL LIABILITY, DAMAGES,
CLAIMS, DEMANDS AND/OR CAUSES OF ACTION RELATING TO OR DERIVING FROM ANY INJURY TO ME
OR ANY INFECTION WITH THE COVID-19 CORONAVIRUS (OR STRAIN THEREOF) DURING OR ARISING OUT OF THE USE OF THE GYM OR PARTICIPATION IN ANY GYM EVENT (E.G.
TRAINING CLASSES, SEMINARS, 1:1 PERSONAL INSTRUCTION, ETC.), INCLUDING ALL RISK CONNECTED
THEREWITH, WHETHER SEEN OR UNFORESEEN, EXCEPTING ONLY CLAIMS FOR GROSS NEGLIGENCE OR
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