ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT (“Agreement”)
This Agreement is entered into between Special Strong LLC (“Special Strong”) and the individual named below (“Client”). Special Strong’s provision of individual and/or group fitness training services, which may be provided and performed in person and/or remotely (collectively, the “Services”) to Client and Client’s participation in the Services are contingent upon the execution of this Agreement. Each person participating in the Services must execute this Agreement, which includes anyone participating in the activities solely to assist Client in Client’s participation in the Services. Herein, the term “Client” also includes, (i) the Client’s parent or legal guardian if such person is executing this Agreement on Client’s behalf, and (ii) the Client’s parent, legal guardian, caregiver, or other authorized individual who is assisting Client in Client’s participation in the Services. Additionally, herein, the term “Special Strong” includes Special Strong and Special Strong’s officers, agents, owners, parent entities, subsidiaries, affiliates, franchisees, contractors, and employees.
Assumption of Risk: Please read this Agreement carefully and be aware that by participating in the Services, or by registering to participate in the Services (either for Client or on behalf of another) Client acknowledges and agrees that if the Client engages in any physical exercise or activity, including the Services, or enters into Special Strong’s premises or uses any facility or equipment on Special Strong’s premises for any purpose, or any facility and/or equipment made available to Client, then Client does so at their own risk and assumes the risk of any and all injury and/or damage Client may suffer, whether while engaging in the Services or physical activity, or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided by Special Strong or otherwise, including injuries or damages arising out of the negligence of Special Strong, whether active or passive.
Client agrees that they are voluntarily participating in the Services and assumes all risk of injury, illness, damage, or loss to Client and/or Client’s property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence or gross negligence of Special Strong or otherwise.
Release of Liability: Client, on behalf of him/herself, and all of Client’s personal representatives, parents, guardians, heirs, executors, administrators, agents, and assigns, hereby releases and forever discharges Special Strong of and from all manner of actions, disputes, causes of action, suits, claims (specifically including, but not limited to, claims for negligence, claims for gross negligence, claims for personal injury, and claims for mental anguish), counter-claims, cross-claims, interest, costs, judgments, executions, liabilities, losses, obligations, damages (including, but not limited to, reasonable attorney’s fees, lost wages, expenses for medical treatment, loss of consortium, and mental anguish damages) and demands of any character, type, or description, in law or in equity, at common law, statutory or otherwise, including, negligence and/or gross negligence, for any damages arising out of or in any way connected with Client’s participation in the Services, including but not limited to property damage, personal injury, and/or death.
Indemnification: CLIENT, TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL INDEMNIFY AND HOLD HARMLESS SPECIAL STRONG FROM AND AGAINST ANY AND ANY LOSS, LIABILITY, DAMAGE, COST, LAWSUIT AND/OR EXPENSE (INCLUDING REASONABLE ATTORNEY’S FEES) SPECIAL STRONG MAY INCUR DUE TO THE PROVISION OF THE SERVICES TO CLIENT.
Consent to Treatment: If in the case of an emergency, Client (or Client’s emergency contact) cannot be reached, Client authorizes Special Strong to obtain whatever medical treatment they reasonably deem necessary for the welfare of Client, including but not limited to first aid and/or CPR. Client further understands and agrees that Client will be financially responsible for all charges and fees incurred for the provision of such medical treatment.
ACKNOWLEDGMENT: Client expressly agrees that this Agreement is intended to be as broad and inclusive as permitted by the law in the State of Texas and that if any portion thereof is held invalid, it is agreed that the remaining provisions shall, notwithstanding, continue in full legal force and effect.
Governing Law: Special Strong and Client agree that this Agreement is governed by the laws of the State of Texas without reference to rules governing choice of laws.