LIABILITY WAIVER

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I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions (within reason) given by Calhoun’s Gym LLC or the “Members” (see Operating Agreement) of Calhoun’s Gym LLC. 

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I recognized that not following rules of the facility can result in the loss of my membership. 

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I also recognized that there are certain inherent risks associated with participating in a fitness facility and I assume full responsibility for personal injury to myself and (if applicable) my memberships partner/partners, and further release and discharge Calhoun’s Gym LLC for injury, loss or damage arising out of me or my partner/partners use of or presence upon the facilities of Calhoun’s Gym LLC, whether caused by the fault of myself, my partner/partners, or other third parties.

 

I agree to indemnify and defend Calhoun’s Gym LLC against all claims, causes of action, damages, judgments, cost or expenses, including attorney fees and other litigation cost, which may in any way arise from me or my partner/partners use of or presence upon the facilities of Calhoun’s Gym LLC. 

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I agree to pay for all damages to the facilities of Calhoun’s Gym LLC caused by me or my partner/partners negligent, reckless, or willful actions.  Any legal or equitable claim that may arise from participation in the above shall be resolved under Texas law. 

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I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. 

I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. 

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This Agreement and each of its terms are the product of an arms’ length negotiation between the Parties.  In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provisions giving rise to such ambiguity.  The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence of circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement. ​

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I HAVE READ THIS DOCUMENT AND UNDERSTAND IT.  I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I  VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS. THE ELECTRONIC SIGNATURE TO THE LEFT AGREES TO THIS LIABILITY WAIVER.