USE OF TEXANS FIT FACILITIES
WAIVER AND RELEASE – ASSUMPTION OF RISK.
Using public fitness facilities, such as the LSSE M6 Football, LLC ("Texans Fit") facilities involves certain risks, whether you or someone else causes it. Further, the use of public facilities may increase the risk of transmission of a highly communicable disease, such as COVID-19. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. You agree to use additional precautions and to comply with any and all social distancing policies that may apply to avoid spreading or getting any highly communicable disease such as COVID-19.
In consideration of your use of the Texans Fit facilities and your participation in the gym activities offered by, Texans Fit you understand and voluntarily accept all such risks, both known and unknown, and agree on behalf of yourself (and your personal representatives, heirs, executors, spouse, administrators, agents, assigns or others) to release and discharge Texans Fit its officers, directors, members, employees, volunteers, agents, affiliates and independent contractors for any injury, including, without limitation, personal, bodily, or mental injury, economic loss or theft of any personal property or any damage (“Damages”) to you, your spouse, guests, unborn child, or relatives resulting from the use of a Texans Fit facility or from the negligence of Texans Fit or anyone on Texans Fit’s behalf or anyone using the facilities whether related to exercise or not, except such Damages which result from the willful misconduct or gross negligence of Texans Fit (and its affiliates, employees, agents, representatives, successor and assigns).
Further, you understand and acknowledge that Texans Fit does not manufacture fitness or other equipment at its facilities, but purchases and/or leases equipment. You understand and acknowledge that Texans Fit is providing recreational services and may not be held liable for defective products.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY.
Indemnity. You agree to indemnify Texans Fit, its affiliates, officers, directors, managers, employees, volunteers, agents and independent contractors against any and all liability incurred by you during your use of any and all Texans Fit facilities and Damages resulting from your use of any and all Texans Fit facilities except to the extent such Damages result from the willful misconduct or gross negligence of Texans Fit, its affiliates, agents or employees.
Health Warranty. You represent that you are in good health and have no disability, impairment, injury, disease, known or obvious symptoms of or risk factors for a highly communicable disease (e.g. COVID-19), or ailment, preventing you from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise.
Medical Disclaimer. You acknowledge that Texans Fit has made no claims as to medical results that can or may be obtained through use of any Texans Fit facility and cannot and does not warrant that such facility is free from communicable diseases. Texans Fit has neither suggested nor will it suggest any medical treatment to Members and Guests at its facilities. Only licensed medical professionals are qualified to give medical advice. You represent that there is no medical or physical condition or risk factors for a highly communicable disease that would preclude you from the use of Texans Fit’s facilities and you further represent that you have not been instructed by any physician not to use Texans Fit’s facility or any similar facility.
Governing Law. This Agreement shall be interpreted under the laws of the State of Texas.
By checking this box, you acknowledge and agree that you have read the foregoing and you agree to all terms herein.
NOTICE OF LICENSE FOR LSSE M6 FOOTBALL, LLC. NEITHER HOUSTON NFL HOLDINGS, L.P. (“LICENSOR”) NOR ANY RELATED ENTITY IS THE OWNER OF THIS FACILITY AND FITNESS CENTER OPERATION. LSSE M6 FOOTBALL, LLC IS THE OWNER OF THIS FACILITY AND FITNESS CENTER OPERATION AND HAS BEEN LICENSED BY AN AFFILIATE OF LICENSOR TO USE THE HOUSTON TEXANS MARKS IN CONNECTION WITH ITS OPERATION. NEITHER LICENSOR, NOR ANY RELATED ENTITY IS CONTRACTUALLY OR OTHERWISE LIABLE TO YOU AS LSSE M6 FOOTBALL, LLC IS SOLELY LIABLE FOR THE DEBTS AND OBLIGATIONS OF THIS FACILITY AND FITNESS CENTER OPERATION.