FIRST THERE FITNESS LLC
ADULT PARTICIPANT ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PARTICIPATING.
By signing this Agreement, I acknowledge that I am voluntarily participating in physical fitness, outdoor training, rucking, running, strength and conditioning, group exercise, recreational activities, and other activities conducted or organized by First There Fitness LLC (“FTF”).
1. ASSUMPTION OF RISK
I understand that participation in physical fitness and outdoor activities involves inherent and other risks, including but not limited to:
Muscle strains, sprains, tears, and other injuries
Falls, slips, trips, and collisions
Joint, bone, tendon, ligament, and back injuries
Cuts, abrasions, bruises, and other physical injuries
Dehydration, heat exhaustion, heat stroke, hypothermia, and weather-related illness
Cardiovascular events, including heart attack, stroke, or sudden cardiac arrest
Injuries associated with running, rucking, lifting, carrying, jumping, crawling, or other physical movements
Risks associated with uneven terrain, roads, trails, parks, water, vehicles, wildlife, insects, and other outdoor conditions
Risks arising from the actions or inactions of other participants
Serious injury, permanent disability, or death
I understand that these risks may occur even when reasonable precautions are taken and even when activities are properly supervised.
I voluntarily assume all risks associated with my participation, whether known or unknown, foreseeable or unforeseeable, to the fullest extent permitted by applicable law.
2. HEALTH AND PHYSICAL CONDITION
I represent that I am physically capable of participating in the activities offered by FTF and that I will honestly disclose any condition or limitation that could affect my ability to participate safely.
I understand that FTF does not provide medical advice, diagnosis, treatment, or medical supervision.
I am responsible for determining whether I am physically capable of participating in any activity and for consulting a physician or other qualified healthcare professional when appropriate.
I agree to immediately notify the coach or staff if I experience pain, dizziness, shortness of breath, illness, injury, or any other condition that may affect my ability to participate safely.
3. RELEASE AND WAIVER OF LIABILITY
To the fullest extent permitted by applicable law, I hereby release, waive, discharge, and covenant not to sue First There Fitness LLC, its owners, members, managers, officers, employees, coaches, contractors, volunteers, agents, representatives, successors, and assigns (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, losses, liabilities, costs, or expenses arising out of or relating to my participation in FTF activities.
This release includes claims arising from ordinary negligence of the Released Parties, to the extent permitted by Texas law.
I understand that this Agreement is intended to be as broad and inclusive as permitted by applicable law.
4. EXPRESS NEGLIGENCE
I expressly acknowledge and agree that the foregoing release and waiver applies to claims arising from the ordinary negligence of the Released Parties, to the extent permitted by applicable law.
Nothing in this Agreement is intended to release any claim that cannot legally be released under applicable law.
5. EMERGENCY MEDICAL CARE
In the event of an emergency, I authorize FTF personnel to seek or facilitate emergency medical assistance on my behalf when reasonably necessary.
I understand that FTF personnel are not medical professionals and that emergency medical care may be provided by third-party emergency responders or medical providers.
I understand that I am responsible for my own medical expenses and that FTF does not guarantee the availability or adequacy of emergency medical services.
6. PERSONAL PROPERTY
I understand that I am responsible for my personal belongings and equipment brought to or used during FTF activities.
I release the Released Parties from responsibility for loss, theft, or damage to my personal property, except to the extent caused by conduct that cannot legally be excluded under applicable law.
7. INDEMNIFICATION
To the fullest extent permitted by applicable law, I agree to indemnify and hold harmless the Released Parties from claims, damages, liabilities, costs, or expenses arising from my own actions or participation in FTF activities, except to the extent such indemnification is prohibited by law.
8. COMPLIANCE WITH INSTRUCTIONS
I agree to follow reasonable instructions provided by FTF coaches, staff, and activity leaders.
I understand that FTF may modify, limit, or terminate my participation if my conduct or physical condition creates a safety concern for myself or others.
9. OUTDOOR AND WEATHER CONDITIONS
I understand that FTF activities may take place outdoors and may be affected by heat, cold, rain, lightning, wind, uneven terrain, darkness, insects, wildlife, traffic, and other environmental conditions.
FTF may modify, postpone, relocate, or cancel activities when conditions create an unreasonable safety concern.
10. ACKNOWLEDGMENT OF VOLUNTARY PARTICIPATION
I acknowledge that my participation in FTF activities is voluntary.
I have had the opportunity to ask questions regarding this Agreement and the activities in which I intend to participate.
I understand the nature of the activities and the risks involved.
I am voluntarily accepting those risks.
11. ELECTRONIC SIGNATURE
I understand that my electronic signature on this Agreement has the same force and effect as a handwritten signature to the fullest extent permitted by applicable law.
I acknowledge that I have read this Agreement, understand its contents, and agree to be bound by its terms.