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Titan Gym Corp
11720 Alamo Ranch Parkway Suite 240, San Antonio, TX, 78253

TITAN GYM CORP WAIVER AND RELEASE OF LIABILITY
IN CONSIDERATION OF the risk of injury that exists while participating in free weight exercises (dumbbells, barbells, kettlebells, etc), machine-based weight training, powerlifting (squat, bench press, deadlift, etc), functional strength training, olympic weightlifting, cardiovascular training/workouts, treadmill running/walking, cycling (stationary or spin classes), rowing machine workouts, stair climber/step machine exercises, elliptical training, jump rope workouts, HIIT (High-Intensity Interval Training), group fitness classes, yoga (hatha, vinyasa, bikram, restorative, etc.), pilates (mat or reformer), zumba or dance-based workouts, bootcamp classes, aerobics classes, strength & conditioning classes, kickboxing or boxing cardio workouts, TRX suspension training, circuit training, personal training, small group training, nutritional coaching, sports-specific training (e.g., for athletes), weight loss coaching, injury rehabilitation/prevention training, recovery & wellness, stretching and mobility sessions, foam rolling & self-myofascial release, assisted stretching services, hypervolt sessions, sauna or steam room, compression therapy, functional & agility training, crossfit-style workouts, speed & agility drills, plyometrics, balance and stability training, turf workouts, virtual & technology-based workouts, virtual cycling/spinning, online personal training sessions (hereinafter the "Activity"); and

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same;

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," “I” or “me,” which terms shall also include Releasor’s parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into the WAIVER AND RELEASE OF LIABILITY and hereby waive all rights, claims or causes of action of any kind arising out of my participation in the Activity; and

I HEREBY release and forever discharge TITAN GYM CORP, located at 11720 Alamo Ranch Pkwy Suite 240, San Antonio, TX 78253, their affiliates, officers, directors, shareholders, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors, and assigns (collectively “releasees”), from any claims, including those arising from negligence, except where prohibited by law, causing any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY, AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF AND UNDERSTAND THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE BUT IS NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I VOLUNTARILY ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I FURTHER AGREE to indemnify, defend, and hold harmless the Releasees against all claims, suits, or actions of any kind whatsoever for liability, damages, compensation, including any claims arising from my or Titan Gym Corp’s negligence or misconduct, or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for my errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees. If I should require medical care or treatment, I Authorize Titan Gym Corp to provide all emergency medical care deemed necessary, including but not limited to first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to waive all claims related to the provision of emergency medical care, assume all costs involved, and agree to be financially responsible for any costs incurred due to such treatment. I am aware and understand that I should carry health and accident insurance.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, or property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of the Titan Gym Corp official or agent, regarding my approval to participate in the Activity.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY; I EXPRESSLY AGREE TO RELEASE AND DISCHARGE TITAN GYM CORP AND ALL OF ITS AFFILIATES, OFFICERS, DIRECTORS, 
SHAREHOLDERS, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM ALL CLAIMS OR CAUSES OF ACTION AND I, AND ON BEHALF OF THOSE CLAIMING UNDER ME, AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OR THEY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST TITAN GYM CORP FOR PERSONAL INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for ordinary negligence, this Release is also for such negligence on the part of Titan Gym Corp, its agents, and employees.

I agree that this Release shall be governed for all purposes by Texas law, without regard to any conflict of law principles. This Release supersedes all previous oral or written promises or other agreements.

If any damage to equipment or facilities occurs due to my or my family’s or my agents' willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for all costs associated with any such actions of neglect or recklessness.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.
THIS AGREEMENT was entered into at arm’s length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, {name}, and Titan Gym Corp agree that this agreement is clear and unambiguous as to its terms, and no other evidence shall be used or admitted to alter or explain the terms of this agreement but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. 

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase, or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement is invalid or unenforceable but that by limiting or modifying said provision to the minimum extent necessary to make it valid and enforceable, then said provision shall be deemed to be written, modified, construed, and enforced as so limited or modified.

If I wish to cancel, I must come in person to cancel my membership; Titan Gym Corp will not be able to cancel my membership over the phone or email.

In the event of an emergency, please contact the following person(s) in the order presented:
Emergency Contact: {contact_name}

Contact Relationships: {contact_relation}

Contact Telephone: {contact_phone}

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT, AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY, A LEGALLY BINDING CONTRACT, AND THAT I AM SIGNING IT OF MY OWN FREE WILL. I ACKNOWLEDGE I HAVE HAD THE OPPORTUNITY TO REQUEST A COPY AND SEEK LEGAL ADVICE BEFORE SIGNING THIS AGREEMENT.
 Participant’s Name: {name}
 Participant’s Address: {address}
 Signature:
 Date: {sign_date}

PARENT/ GUARDIAN WAIVER FOR MINORS
In the event that the participant is under the age of consent (18 years of age), then this Release must be signed by a parent or guardian as follows:
I HEREBY CERTIFY that I am the parent or guardian of {name}, minor Participant named above, and do hereby give my consent without reservation to the foregoing on behalf of this individual. BY SIGNING THIS AGREEMENT BELOW, I ACKNOWLEDGE AND UNDERSTAND I AM WAIVING RIGHTS ON BEHALF OF THE MINOR AND MYSELF TO THE FULLEST EXTENT, AS EARLIER WRITTEN IN THIS AGREEMENT, THAT ANY WAIVERS, LIMITATIONS OF LIABILITY, OR INDEMNITY PROVISONS STATED ABOVE APPLY TO THE MINOR AND MYSELF ON BEHALF OF THE MINOR. I ACKNOWLEDGE I HAVE HAD THE OPPORTUNITY TO REQUEST A COPY AND SEEK LEGAL ADVICE BEFORE SIGNING THIS 
AGREEMENT.
Parent/ Guardian Name:
Relationship to Minor:
Signature:
Date: {sign_date}

Member Responsibility and Cancellation Policy

This document serves as an official acknowledgment and agreement between TITAN GYM and the undersigned member {name}.

1. Billing Responsibility

The Member understands and agrees that they are solely responsible for all charges associated with their gym membership, including but not limited to monthly dues, late fees, and any additional services or products purchased through the Gym.

It is the Member’s responsibility to:

• Monitor their billing statements and payment method(s) for accuracy.
• Ensure that their billing information on file with the Gym is current and valid.
• Notify the Gym immediately of any discrepancies or billing concerns.

Failure to dispute billing charges within 30 days of the charge date shall constitute acceptance of the billed amount.

2. Annual Membership Term

By enrolling in an annual membership, the Member agrees to a 12-month minimum commitment.

• Cancellation during the initial 12-month term is not permitted under any circumstances except in cases of approved medical or military exemption (documentation required).
• After the initial 12-month period has been fulfilled, the membership will automatically convert to a month-to-month plan.
• Once on a month-to-month plan, the Member may cancel their membership at any time by following the in-person cancellation process described below.
• To avoid being charged for the following month, cancellation must be completed at least 1 business day before the next billing cycle.

3. Cancellation Policy

To initiate cancellation of a membership (only permitted after completion of the 12-month term) or with a monthly membership, the Member must come into the facility in person and complete a Cancellation Form provided by the Gym.

The following conditions apply:

• Cancellations will not be accepted via phone, email, or verbal notice.
• The cancellation becomes effective only after the Cancellation Form is signed and submitted in person.
• The Member is responsible for all charges incurred until the date the completed Cancellation Form is received and acknowledged by the Gym.
• Any outstanding balance must be paid in full before the cancellation is finalized.

Failure to follow the above process will result in continued billing, for which the Member remains responsible.

4. Acknowledgment

By signing below, the Member acknowledges and agrees to the terms outlined above, including the one-year minimum commitment under the annual membership. The Member understands that failure to comply with these policies does not release them from their financial obligations under the membership agreement.

{name}

{sign_date}