ASCENT FITNESS PARTICIPANT AGREEMENT
(Including assumption of risks and agreements of release and indemnity)
In consideration of the services and use of the premises and equipment of Define Training LLC, a Texas limited liability company, d/b/a/ Ascent Fitness (the Company, or studio), I, Participant, acknowledge and agree as follows:
The Company owns and operates an indoor cycling studio at which, in addition to cycling training and instruction, visitors will participate in fitness training, Yoga and similar activities, and otherwise move about the premises, indoors and out (the “Ascent activities”). Participants are responsible for determining their medical and physical suitability for participating in the activities selected by them and are further responsible for inspecting and determining the suitability and operating condition of equipment used, including the stationary cycles. The Company makes no representation regarding the condition of its equipment, and visitors accept such equipment “as is”, and use such equipment and the premises at their own risk. Participants must not expect to be trained, supervised or even observed by Company staff unless special arrangements have been made for such services. Certain activities, including indoor cycling, yoga, group fitness classes and other modes of exercise and fitness, will be conducted by independent contractors -- not employees of Ascent. They, not Ascent, are responsible for the conduct of their activities and any dispute regarding their services is between the Participant and the contractor only. Visitors are expected to be in moderate to good physical condition and able to participate in their chosen activities without being a danger to themselves or others. Conditions which might cause harm include but are not limited to: cardiac and circulatory issues, allergies, seizure disorders, asthma, diabetes, and muscle, bone and joint complications. Ascent recommends the Participant have permission from his/her doctor to participate in strenuous activities prior to engaging in fitness activities at the studio.
Risks of the studio and its activities include over- exertion and stress with possible cardiac implications, misjudgment (by a Participant and staff) regarding a visitor’s strength and other capabilities, tripping and falling including in the Studio’s parking area and outside perimeter (where some activities may take place), possibly harmful contact with other persons, and falling over and falling from the cycles. These and other risks are inherent in the Studio’s activities; that is, without them the activities of the studio would lose their value and appeal. These and other risks can result in sprains and strains and trauma of a more serious nature including, in extraordinary circumstances, death.
I understand the risks described, and that other risks, inherent and not, will be encountered. I assume these and all risks of the activities of Ascent, the use of its equipment and various services and moving about the premises.
Release and Indemnity: I hereby agree to release and indemnify (that is, defend and pay or reimburse) Define Training LLC, its members, owners, officers, directors, employees, volunteers and contractors (the “Released Parties”) with respect to any and all claims, of whatever nature, for property damage and personal injury, including emotional trauma and death, which I might incur as a result of my being enrolled in or participating in an activity of Ascent otherwise being on its premises. This agreement of indemnity includes claims of members of my family for losses suffered by me, and claims of third parties, including other visitors, for any injury or loss claimed to be caused in whole or part by me. These agreements of release and indemnity include claims arising in whole or in part from the negligence (but not the gross negligence) of a Released Party.
Other: Ascent may take photo and other images of Participant, and use these images for advertising or other purposes, without compensation. If the participant would like to opt out of this, they must fill out and opt out form. In the event of an emergency, Ascent staff is authorized to provide or obtain such care as it considers necessary, at the expense of Participant. In the event of a dispute between Participant and a Released Party, any suit must be filed and maintained in the Courts of Harris County, Texas and the substantive laws of the State of Texas will be applied. This agreement will continue in full force and effect and will apply to future visits by Participant, unless and until it is cancelled by the parties, in writing.
*Emergency Contact Name: *Phone: