Waiver: In consideration of permission to use today and all future dates, the property, facilities, staff, equipment, services and programs of Kinesiology Specialists; I, for myself, my heirs, agents, personal representatives or assigns, or persons in privity, do hereby release, waive, and discharge and covenant not to sue Kinesiology Specialists, its directors, officers, employees, and agents (hereinafter referred to as "Kinesiology Specialists") from liability from any and all claims or courses of action, including but not limited to the negligence or gross negligence of Kinesiology Specialists resulting in personal injury, accidents or illness (including death) and property loss arising from, but not limited to, participation in activities, classes, observation, and use of facilities, premises or equipment.
Assumption of Risk: Physical activity, but its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. I have read the above statement and I know, understand, and appreciate these risks that are inherent in the activities made possible by Kinesiology Specialists. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.
Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD HARMLESS Kinesiology Specialists from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney's fees brought as a result of my involvement with Kinesiology Specialists and to reimburse them for any such expenses incurred.
Severability: The undersigned further expressly agrees that the forgoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the state of Texas and that if any portion hereof in held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgement and Understanding: I have read this waiver of liability, assumption of risks, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including but not limited to my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my electronic signature to a complete and unconditional release of all liability to the greatest extent allowed by law. I have also had the opportunity to consult with a lawyer of my choosing and I still wish to enter into this agreement.
Venue: Venue for any claims or causes of action shall be for all purposes in Tarrant County, Texas.
There are no verbal representations or warranties that are not included in this agreement and this agreement accurately represents the understanding of the parties hereto.