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MAVERICKS FITNESS, LLC’S

WAIVER AND RELEASE OF LIABILITY FORM

This RELEASE of LIABILITY is made and entered into on the date below by and between Mavericks Fitness, LLC, and {name},“PARTICIPANT”, and if Participant is a minor, Participant’s parent or guardian, for participating in Mavericks Fitness, LLC.  

EXPRESS ASSUMPTION OF RISK: 

I, the undersigned, am aware that there are significant risks involved in all aspects of physical training. These risks include, but are not limited to: falls which can result in serious injury or death, injury or death due to negligence on the part of myself, my training partner, or other people around me, injury or death due to improper use or failure of equipment. I am aware that any of these above-mentioned risks may result in serious injury or death to myself and/or my partner(s).

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EXERCISE MAY BE STRENUOUS. 

Participant understands that the activities available at MAVERICKS FITNESS, LLC may involve strenuous physical activity and that a medical check-up is advisable before participating in any fitness program. The undersigned further understands that neither the owners nor employees of MAVERICKS FITNESS, LLC, are medical doctors.  Participant should see a medical doctor of his/her own choosing before participating in any fitness program. The undersigned recognizes, appreciates and understands the danger of physical stress, strain or injury (including but not limited to, cardiac arrest, stroke, changes in blood pressure, muscle strains, sprains and ligament and/or tendon damage and other physical problems that may arise) that may result from any activity that requires physical exertion and accepts these risks.

I have consulted a physician concerning an exercise program that will not risk injury to myself or impairment of my health and I agree to disclose any special requirements or limitations to MAVERICKS FITNESS, LLC when seeking help in establishing an exercise program.

I, the undersigned acknowledge that I have no physical impairments or illnesses that will endanger myself or others and am voluntarily participating in MAVERICKS FITNESS, LLC.

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VOLUNTARY PARTICIPATION:

Participant willingly assumes full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while at or which may result while participating in any activity under the direction of any representative of MAVERICKS FITNESS, LLC.  

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INDEMNIFICATION:  

Participant accepts financial responsibility for any injury that Participant may cause either to him/herself or to any other person or property due to his/her actions, participation, and/or negligence. Should MAVERICKS FITNESS, LLC, its employees, owners, principals, officers, agents, volunteers, interns or representatives be required to incur attorney’s fees and costs to enforce this agreement, Participant agrees to reimburse them for such fees and costs and further agrees to indemnify and hold harmless, their employees, owners, principals, officers, agents, volunteers, interns or representatives from liability for the injury or death of any person(s) and damage to property that may result from Participant’s negligent or intentional act(s) or omission(s) while participating in activities offered by MAVERICKS FITNESS, LLC and acknowledges that  it is the responsibility of the Participant to carry full and complete insurance coverage on his/her personal property and himself/herself.

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DISCONTINUING MEMBERSHIP/PARTICIPATION: 

This contract is non-assignable and non-transferable and is made and entered into the State of Texas, and shall be enforced and interpreted under the laws of this state.  Should any clause be in conflict with State Law, then that clause is null and void.  When MAVERICKS FITNESS, LLC and Participant and Participant’s parent or guardian, if Participant is a minor, sign this contract, it will then be binding on both parties, subject to the above terms and conditions.

Participant agrees to assume ANY AND ALL RISKS INVOLVED IN OR ARISING FROM PARTICIPANT’S USE OF OR PRESENCE UPON MAVERICKS FITNESS, LLC’ PROPERTY AND FACILITIES including, but not limited to, the risks of death, bodily injury, property damage, falls, collisions with vehicles, stationary objects, fire or explosion, the unavailability of emergency medical care, or the negligence or deliberate act of another person.

If participant discontinues their membership and continues to use the facilities and/or renews participation with MAVERICKS FITNESS, LLC, this Release will remain in full force and effect.

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WAIVER:

Participant agrees to waive the protection afforded by any statute or law in any jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing the release.

Participant agrees to hold MAVERICKS FITNESS, LLC and all of its successors, assigns, subsidiaries, affiliates, officers, directors, members, attorneys, employees, and agents completely harmless and not liable and release them from all liability whatsoever and AGREES NOT TO SUE them on account of or in connection with any claims, causes of action, injuries, damages, cost or expenses arising out of Participant’s use of or presence upon MAVERICKS FITNESS, LLC’s property and facilities, including without limitation, those based on death, bodily injury, property damage, including consequential damages, except if the damages are caused by the direct, willful and wanton negligence of MAVERICKS FITNESS, LLC.

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I have read and I voluntarily sign this Waiver and Release of Liability Agreement. I fully understand its terms, I understand that I have given up substantial rights by signing it and I have signed it freely and without any inducement or assurance of any nature and I intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law.  I agree that if any portion of this agreement is held to be invalid or unenforceable, the remainder shall continue in full force and effect to the maximum extent allowable by law.  This Waiver and Release of Liability has no expiration date. 

{name} {sign_date} 

Participant’s Signature 

{name}  {sign_date}

Participant’s Parent or Guardian Printed Name Date

(If Participant is a under 18)

Permission/Release to Use Photos

I, {name}, Participant, hereby give MAVERICKS FITNESS, LLC permission to use my photograph publicly to promote MAVERICKS FITNESS, LLC. I, Participant, understand that the images may be used in print publications, online publications, presentations, websites, and/or social media. I, also understand that NO royalty, fee or other compensation shall become payable to me by reason of such use. I also hereby release MAVERICKS FITNESS, LLC, its owners, members, employees, and/or agents of MAVERICKS FITNESS, LLC from any harm or liability as a result of blurring, filtering, editing, altering, and/or adding optical illusions, either intentionally or otherwise which may occur from showing or using my photograph for purposes of promoting MAVERICKS FITNESS, LLC. This permission has no expiration date.

I HAVE READ THIS RELEASE FORM BEFORE AFFIXING MY SIGNATURE BELOW, AND I UNDERSTAND AND AGREE TO ITS TERMS. 

{name} {sign_date}

Participant’s Signatures Printed Name Date

{sign_date}

Participant’s Parent or Guardian Printed Name Date

(If Participant is a under 18)