AGREEMENT WITH RELEASE AND WAIVER OF
CLAIMS
Houstonian Campus, LLC, a Texas limited
liability company, doing business as The Houstonian Club ("The Houstonian
Club”), is offering various adult activities, exercise programs, events and
special events (collectively referred to herein as the "Adult Programs”),
as part of the adult programs that may be conducted on or off the premises of
the Houstonian Campus. The Houstonian
Campus includes, without limitation, (i) all Houstonian Club facilities,
(ii) spa facilities, (iii) hotel/resort facilities, (iv) the
meadow, grounds, and outdoor track, and (v) parking areas (collectively,
the "Houstonian Campus”).
I, the undersigned adult, have enrolled in
the Adult Programs understanding the nature of the physical demands of and
risks related to such activities. I understand that the physical demands of
such activities, as well as the activities themselves, may result in injury to
me and that such injury may be severe. I acknowledge that I am qualified to
participate in the Adult Programs, I am in good physical condition and I have
made The Houstonian Club aware of any and all medical and physical conditions
that might affect my participation in the Adult Programs. Further, I will make
The Houstonian Club aware if my physical condition changes and of any change to
medical and physical conditions that might affect my participation in the Adult
Programs. I understand that reasonable safety procedures and precautions are
employed by The Houstonian Club but that unforeseen circumstances or accidental
events may occur, for which the Released Parties (defined below) cannot be held
responsible. I hereby assume all risks on my behalf incidental to the nature of
the activities and the Adult Programs, including those risks which are not
foreseeable. I have been given an opportunity to ask questions about the risks
of the activities of the Adult Programs and have them answered. I have been
given the opportunity to discuss my concerns regarding my participation in the
Adult Programs. I acknowledge that the Released Parties are relying on this
Agreement with Release and Waiver of Claims (the "Agreement”) in
agreeing to allow me to participate in the Adult Programs, and but for this
Agreement, The Houstonian Club would not have permitted my participation.
I understand and acknowledge that I am
responsible for monitoring the strenuousness of the physical activities and
exercise required under the Adult Programs and in determining the extent of my
participation for the duration of the Adult Programs. The Houstonian Club
recommends that I undergo a physical and be examined by a licensed physician
before engaging in the Adult Programs. I have provided a copy of my physical
assessment or have voluntarily declined to have a physical examination. I
understand The Houstonian Club expressly denies any liability or assumption of
risk resulting from my failure to submit myself to a physical assessment or as
a result of my own determination of my physical, mental or emotional
capabilities to participate in the Adult Programs.
I understand and acknowledge that The
Houstonian Club makes no representation, warranty or inducement, either
expressed or implied, to me with regard to the fitness of, suitability of or
the conditions of The Houstonian Club facilities, equipment, machinery,
weights, bodies of water and/or other improvements located on the Houstonian
Campus or at off-campus locations or the expertise, qualifications, education,
experience or capabilities of instructors, trainers or volunteers utilized for
the Adult Programs.
I understand and acknowledge that at times during the
Adult Programs or while I am on the Houstonian Campus, a photographer or
videographer may be present and taking photographs, videos or running digital
or motion film for the purpose of capturing members (and their children)
participating in events or in my case, Adult Programs. I hereby do give, grant
and convey to The Houstonian Club unrestricted permission to use and reproduce
my likeness, identity, voice, photographic image, video image, portraits or
pictures, and the negatives, transparencies, prints, audio recordings or
digital information pertaining to each of the above, in still, single,
multiple, moving, video or audio format, or in which I may be included in whole
or in part, or composite, or distorted in form, or reproductions thereof, in
color or otherwise, made through any media in or at The Houstonian Club, a
sponsored event of The Houstonian Club, a photographer's studio or elsewhere
for the purposes of reproducing,
distributing, displaying publicly and/or modifying the images or recordings,
whether in print or electronically, by any means for art, promotional
materials, sales material, point of sale material, brochures, magazines,
newspapers, printed publications, newsletters, film, video, reports, flyers,
posters, promotional banners, fund-raising, or other digital or
internet-related uses, including but not limited to, in film broadcast, web
pages, web-based publications and other outlets of social media such as The
Houstonian Club YouTube account, The Houstonian Club Facebook webpage, and the
like, and for any other lawful purpose, on a royalty-free, non- exclusive and
world-wide basis.
IN CONSIDERATION OF
THE HOUSTONIAN CLUB COORDINATING AND OFFERING THE ACTIVITIES, SPECIAL EVENTS
AND SERVICES UNDER THE ADULT PROGRAMS AND THE PROVISIONS OF THE HOUSTONIAN CLUB
FACILITIES, STAFF AND EQUIPMENT, I, ON
BEHALF OF MYSELF AND EACH OF MY HEIRS, LEGAL REPRESENTATIVES, ADMINISTRATORS,
FAMILY MEMBERS, SUCCESSORS AND ASSIGNS, (I) AGREE THAT I ENGAGE IN THE
ADULT PROGRAMS AT MY OWN RISK AND EXPRESSLY ASSUME ALL DAMAGES AND RISKS
ASSOCIATED WITH THE ADULT PROGRAMS AND USE OF THE HOUSTONIAN CLUB, INCLUDING
BUT NOT LIMITED TO THE RISK OF INJURY OR DEATH AND DAMAGE TO OR DESTRUCTION OF
PROPERTY AND (II) HEREBY FULLY AND FOREVER DISCHARGE, RELEASE, AND AGREE
TO DEFEND, INDEMNIFY AND HOLD HARMLESS (A) THE HOUSTONIAN CLUB, ITS OWNERS,
MEMBERS, MANAGERS, PARTNERS, OPERATORS, OFFICERS, DIRECTORS, INVESTORS,
EMPLOYEES, VOLUNTEERS, COACHES, CONTRACTORS, VENDORS, AFFILIATES, AGENTS AND
SUBSIDIARIES; AND (B) ALL OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS,
SHAREHOLDERS, OWNERS, MEMBERS, MANAGERS, PARTNERS, AGENTS, ATTORNEYS, INSURANCE
PROVIDERS, REPRESENTATIVES, CONSULTANTS AND CONTRACTORS, AND FOR EACH OF THE
PARTIES IN (A) AND (B) ABOVE, THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS
(COLLECTIVELY, THE "RELEASED PARTIES”),
FROM ANY AND ALL LIABILITIES, INJURIES, RIGHTS OF ACTION, CAUSES OF ACTION,
LOSSES, DAMAGES, CLAIMS, DEMANDS, LOSS OF COMPENSATION, COSTS AND EXPENSES
(INCLUDING ATTORNEYS’ FEES, COURT COSTS, COSTS OF INVESTIGATION AND EXPERT
FEES) WHETHER RELATED TO PROPERTY DAMAGE, PERSONAL INJURY, DEATH OF PERSONS OR
OTHERWISE (COLLECTIVELY, "CLAIMS”), WHETHER
THE SAME BE KNOWN, ANTICIPATED OR UNANTICIPATED, THAT MAY OCCUR AS A DIRECT OR
INDIRECT RESULT OR ARISING OUT OF, REGARDING OR RELATING TO THE ACTIVITIES,
EVENTS, SPECIAL EVENTS AND SERVICES UNDER THE ADULT PROGRAMS, THE USE OF THE
HOUSTONIAN CLUB FACILITIES AND EQUIPMENT, INSTRUCTION BY THE HOUSTONIAN CLUB
STAFF OR AS A DIRECT OR INDIRECT RESULT OF MY PARTICIPATION IN THE ADULT
PROGRAMS, THE TAKING OR AUTHORIZED USE OF PHOTOGRAPHS, VIDEO IMAGES OR SOUND
RECORDINGS OF ME OR FROM ANY NEGLIGENCE ON THE PART OF THE RELEASED PARTIES,
INCLUDING, WITHOUT LIMITATION, CLAIMS RESULTING IN WHOLE OR IN PART FROM (i) THE
NEGLIGENT ACTS OR OMISSIONS OF THE RELEASED PARTIES, (ii) DAMAGE TO
PROPERTY OR PHYSICAL INJURY TO ME OR DEATH AS A RESULT OF MY PARTICIPATION IN
THE ADULT PROGRAMS AND (iii) THE
PHYSICAL CONDITION OF THE HOUSTONIAN CAMPUS, OR ANY OFF-CAMPUS LOCATION, INCLUDING
WITHOUT LIMITATION, ANY HOME OR AREA WHERE IN-HOME PERSONAL TRAINING MAY BE
PROVIDED.
The provisions of any state, federal or
local law providing that a release shall not extend to claims, demands,
injuries or damages which are unknown or unsuspected to exist at that time, to
the person executing such release, are hereby expressly waived.
This Agreement constitutes the entire agreement
between The Houstonian Club and the undersigned regarding the subjects covered
hereby. All previous agreements, oral or written with regard to the subject
matter hereof, are superseded with the exception of the Membership Contract
existing between the Member identified below and the Club; and there exists no
further oral or written representations, promises, assurances or statements of
any kind affecting this Agreement except those which are expressly set forth in
this document or referenced herein.
I represent by my
signature below that I am over the age of 18. I have full legal capacity and authority under the law to consent and
enter into this Agreement and to act for and on behalf of myself, my heirs,
legal representatives, administrators, family members, successors and all other
assigns to the terms of this Agreement. I agree to defend, indemnify and hold
harmless the Released Parties for any claims or liabilities assessed against
them as a result of any insufficiency of my legal capacity or authority to act
on my behalf in the execution of this Agreement.