Please read this entire document carefully before signing. It affects your legal rights, including your right to sue.
HYBRID HOUSTON — MEMBERSHIP AGREEMENT, ASSUMPTION OF RISK, WAIVER, RELEASE OF LIABILITY & INDEMNITY
In this Agreement, "Hybrid Houston" means Hybrid Houston LLC, a Texas limited liability company, together with its owners, members, managers, officers, coaches, instructors, trainers, employees, independent contractors, volunteers, agents, representatives, successors, and assigns. "Host Facility" means the third-party gym or premises at which Hybrid Houston programming is conducted from time to time. "Released Parties" means Hybrid Houston and the Host Facility, collectively and individually.
1. Acknowledgment and Assumption of Risk. I understand that HYROX training and functional fitness programming are strenuous, high-intensity physical activities including, without limitation, running; sled pushes and pulls; wall balls; burpee broad jumps; rowing and ski-erg machines; farmers carries; sandbag lunges; kettlebell, dumbbell, and barbell movements; plyometrics; and the use of related fitness equipment. I acknowledge these activities carry inherent risks that cannot be eliminated, including muscle strains, sprains and tears; joint, ligament and tendon injuries; fractures and dislocations; cuts, bruises and abrasions; heat exhaustion, heat stroke and dehydration; cardiac events including heart attack and stroke; permanent disability; paralysis; and death. I KNOWINGLY, VOLUNTARILY, AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION.
2. Release and Waiver of Liability. In consideration of being permitted to participate, I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, INJURY, ILLNESS, OR DEATH THAT MAY BE SUSTAINED BY ME, OR TO ANY PROPERTY BELONGING TO ME, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE. This release does not apply to conduct found to constitute gross negligence, willful or wanton misconduct, or an intentional act, and does not waive any liability that may not lawfully be waived under Texas law.
3. Covenant Not to Sue and Indemnification. I agree that I will not make or bring any claim against the Released Parties, and to the fullest extent permitted by law I agree to INDEMNIFY, DEFEND, and HOLD HARMLESS the Released Parties from and against any and all claims, actions, suits, costs, expenses, damages, and liabilities, including reasonable attorneys' fees, brought as a result of my participation or presence at the Host Facility.
4. Communicable and Infectious Disease Acknowledgment. I understand group-fitness environments carry an inherent risk of exposure to communicable and infectious diseases, including COVID-19, influenza, and other infections. I VOLUNTARILY ASSUME THE RISK OF EXPOSURE OR INFECTION, release and covenant not to sue the Released Parties for any such exposure, illness, or resulting harm, and agree not to enter the premises if I am experiencing symptoms of a contagious illness.
5. Representation of Physical Condition. I represent that I am in good physical health with no medical condition that would prevent safe participation. Hybrid Houston strongly recommends I consult a licensed physician before beginning any exercise program, and I confirm I have done so or knowingly elected not to. I authorize Hybrid Houston and the Host Facility, in the event of injury or medical emergency, to obtain or administer first aid and summon emergency medical services on my behalf, at my sole cost and expense.
7. Facility Rules and Member Conduct. I agree to observe and comply with all posted rules, safety guidelines, and instructions of Hybrid Houston and the Host Facility. Hybrid Houston reserves the right to suspend or terminate the membership of any participant who engages in unsafe, disruptive, or non-compliant conduct, without refund.
8. General Provisions. This Agreement is governed by the laws of the State of Texas; exclusive venue for any dispute shall lie in the state or federal courts located in Harris County, Texas. If any provision is held unenforceable it shall be modified or severed and the remainder shall continue in full force. This Agreement is the entire understanding between me and Hybrid Houston regarding its subject matter.
ACKNOWLEDGMENT OF UNDERSTANDING. I have read this entire Agreement, fully understand its terms, understand that I am giving up substantial rights — including my right to sue — and accept it freely and voluntarily.
