PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Dallasthenics Gym, a Texas Limited Liability Company, their agents or employees, owners, officers, volunteers, participants, and all other persons or entities acting in any capacity by, through, under or on their behalf (hereinafter collectively referred to as "Dallasthenics"), I hereby agree to release, indemnify, and discharge Dallasthenics, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I acknowledge that my participation in instruction and training, individual and group initiatives, problem solving exercises, personal growth and development exercises utilizing pull up bar, dip bars, parallel bars, Olympic rings, pole and/or other equipment provided by Dallasthenics entails known and unanticipated risks that could result in physical or emotional injury or death. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: the hazards of slips and falls; being struck by objects dislodged or dropped from above; the hazards from using safety ropes and equipment; the risks of falling off the bars; the risks of landing improperly; my own physical condition, and the physical exertion associated with this activity. Furthermore, Dallasthenics employees have difficult jobs to perform. They seek safety, but they are not infallible and among other things (1) they might be unaware of a participant's fitness or abilities, (2) they might misjudge the weather or other environmental conditions, (3) they may give incomplete or inaccurate instructions or warnings, and (4) the equipment being used might malfunction.
I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I irrevocably grant Dallasthenics the right to use my image, likeness, voice and/or interview or biographical material, in whole or in part, individually or in conjuntion with other materials, in all forms and all media including composite or modified representations for all purposes, including advertising, trade or any commercial purpose throughout the world and in perpetuity. I waive the right to inspect or approve such materials created and/or used by or on behalf of Dallasthenics pursuant to this release.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Dallasthenics from and against any and all claims, demands, actions, suits, judgments, damages, liability, cost or expense, or causes of action, which are in any way connected with my participation in any activity at Dallasthenics or my use of any Dallasthenics equipment or facilities, including but not limited to those alleging negligent acts or omissions.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
Should Dallasthenics or anyone acting on their behalf, be required to incur reasonable attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
Notwithstanding anything to the contrary herein, in the event that I file a lawsuit against Dallasthenics, I agree to do so solely in Dallas County, State of Texas, and I further agree that the substantive law of the State of Texas shall apply in that action without regard to the conflict of law rules of that district. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt, or property is damaged or lost during my participation in this activity, I waive my right to maintain a lawsuit against Dallasthenics on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. I agree that a digitally reproduced/scanned version of this waiver is fully valid and representative of the original, signed executed copy.
PARENT’S OR LEGAL GUARDIAN'S ADDITIONAL INDEMNIFICATION:
This is to certify that I, as the parent or guardian with legal responsibility for the Participant, do consent and agree to his/her release as provided above. I understand that a minor may not be left unaccompanied at the facility unless attending a day camp program.
In consideration of the Participant’s being permitted by Dallasthenics to participate in its activities and to use its equipment and facilities, I release and agree to indemnify and hold harmless Dallasthenics, to the fullest extent permitted by law, from any and all liability, claims which are brought by, or on behalf of Participant, even if such liability arises from the active or passive negligence of Dallasthenics.