Liability Waiver:
_____This waiver and release of liability includes, without limitation, all injuries which may occur, regardless of negligence, as a result of: (a) your use of all amenities and equipment in the facility and your participation in any training or instruction; (b) the sudden or unforeseen malfunction of any equipment; (c) or instruction, training, supervision, or dietary recommendations; or (d) your slipping and/or falling while in the gym premise, including adjacent sidewalks and parking areas. This assumption of risk also includes the possibility of the presence and or transmission of any bacteria, viruses, or infectious diseases. It is further your understanding that there are times when a staff member will not be present and you will be entering the gym at your own risk.
______Women of Strength (WOS), Misty Jameson, LLC., its officers, agents, or employees including but not limited to Misty Jameson are not medical doctors or registered dieticians. Any Nutrition or Exercise Program provided to me by WOS, Misty Jameson should not be taken as medical advice and are merely only recommendations. Recommendations should NOT be taken as medical advice, nor are they intended to diagnose, treat, cure or prevent any health problem. Recommendations by WOS, Misty Jameson is not intended to replace the advice of a physician or health professional. Please consult your physician or a health professional before beginning any diet or exercise program.
_____I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE WOS, Misty Jameson, LLC., its officers, agents, or employees including but not limited to Misty Jameson (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, while participating in such activities, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.
_____I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASES from any loss, liability, damage, or costs, including court costs and attorneys' fees that Releases may incur due to my participation in said activities, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
_____It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the State of Texas and that any mediation, suit, or other proceeding must be filed or entered into only in Texas and the federal or state courts of Texas.
______I, the undersigned, being aware of my own health and physical condition, and having knowledge that my participation in any exercise program may be injurious to my health, am voluntarily participating in physical activity with WOS, Misty Jameson,.
______Having such knowledge, I hereby release WOS, their representatives, agents, and successors including by not limited to Misty from liability for accidental injury or illness including those caused by negligence. I am fully aware that injury and/or illness may incur as a result of participating in the said physical activity. I hereby assume all risks connected therewith and consent to participate in said program.
_______I agree to disclose any physical limitations, disabilities, ailments, or impairments which may affect my ability to participate in said fitness program.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read it fully, understand it and sign it voluntarily as my own free act and deed
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