PLEASE READ CAREFULLY BEFORE SIGNING
This Release of Liability Waiver ("Waiver") is executed on this ___ day of _______, 20, by the undersigned participant or legal guardian (if participant is under 18 years of age), in favor of Club22, a private training organization, and ISA Company, their owners, directors, employees, instructors, contractors, agents, and affiliates (collectively referred to as “the Released Parties”).
1. ACKNOWLEDGEMENT OF RISK
I, the undersigned, understand that participating in performance training, fitness programs, or any related physical activities at Club22 may involve inherent risks, including but not limited to the risk of injury, illness, disability, or death. These risks may arise from my own actions, inactions, or negligence, or the actions, inactions, or negligence of others, the condition of the premises, or the use of equipment. I voluntarily choose to participate in these activities with full knowledge of the risks involved.
2. RELEASE AND WAIVER OF LIABILITY
In consideration for being allowed to participate in Club22 programs, I, for myself, my heirs, assigns, personal representatives, and next of kin, hereby release, waive, and discharge the Released Parties from any and all liability, claims, demands, actions, or causes of action arising out of or related to any injury, illness, or damage sustained while participating in any activities, training sessions, or use of facilities provided by Club22 and ISA Company. This includes, but is not limited to, injuries caused by equipment malfunction, improper use of equipment, or negligence on the part of the Released Parties.
3. INDEMNIFICATION
I agree to indemnify and hold harmless the Released Parties from any loss, liability, damages, or costs (including attorneys’ fees) arising out of or related to my participation in any activities offered by Club22, whether caused by the negligence of the Released Parties or otherwise.
4. MEDICAL CONSENT AND FITNESS TO PARTICIPATE
I declare that I am physically and mentally fit to participate in the training and fitness programs provided by Club22. I understand that it is my responsibility to consult a physician prior to participating if I have any concerns about my health or fitness to participate. I hereby authorize Club22 and its staff to seek medical assistance on my behalf in the event of an emergency and agree to be responsible for any medical expenses incurred.
5. USE OF IMAGE/LIKENESS
I give permission for Club22 to use any photographs, videos, or likeness of me (or my child) taken during activities, classes, or events for promotional, marketing, or advertising purposes. I understand that I will not receive any compensation for such use.
6. TEXAS LAW
I acknowledge that this Waiver is governed by and shall be construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. I agree that any legal action related to this Waiver or participation in Club22 activities will be brought exclusively in the state or federal courts located in Harris County, Texas.
7. SEVERABILITY
If any part of this Waiver is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
8. FULL UNDERSTANDING
I have carefully read and fully understand the terms of this Waiver. I acknowledge that I am signing this Waiver freely and voluntarily, intending for it to be a complete and unconditional release of liability to the greatest extent permitted by Texas law.