Assumption of Risk, Waiver, Release of Claims, and Indemnity Agreement

READ CAREFULLY. THIS AGREEMENT RELEASES RAW PERFORMANCE TRAINING FROM LIABILITY FOR ITS OWN NEGLIGENCE AND LIMITS YOUR LEGAL RIGHTS.

For purposes of this Assumption of Risk, Waiver, Release of Claims, and Indemnity Agreement (“Waiver”):

• “Raw Performance” means [Raw Performance Training, LLC], doing business as Raw Performance Training, and its owners (including Sean Garner), officers, directors, members, managers, coaches, trainers, employees, independent contractors, representatives, agents, volunteers, successors, and assigns.
• “Facility” means the gyms located at 10665 Shaenfield Rd, Unit 111, San Antonio, Texas 78254 and 13331 Western Oak Dr, San Antonio, Texas 78023, and any other gym, studio, track, field, park, street, venue, or premises where a Raw Performance Activity takes place.
• “Activity” means any class, workout, personal or small-group training session, open-gym or self-directed use of the Facility or equipment, assessment, heart-rate or performance testing, HYROX or other race preparation, competition, event, community workout, social gathering, trip, or other activity organized, hosted, sponsored, coached, or attended as a group by Raw Performance, whether at the Facility or elsewhere.
• “Participant” means any person who trains, competes, participates, observes, spectates, volunteers, or is otherwise present at an Activity or the Facility.
• “Parent/Guardian” means the parent or legal guardian of a Participant under 18.

In consideration of being permitted to enter the Facility and participate in any Activity, I, as the Participant or as the Parent/Guardian of a minor Participant, acknowledge and agree as follows:

1. Rules and Instructions. I will follow all posted rules, warnings, and safety instructions, and all oral instructions from Raw Performance coaches and staff. I will use equipment only as instructed, return weights and equipment to their place, and not use any equipment I have not been shown how to use safely. If I notice a hazard, broken equipment, or unsafe condition, I will stop, remove myself from the Activity, and tell a coach or staff member as soon as reasonably possible.

2. Assumption of Risk. I understand that strength training, high-intensity interval training (HIIT), hybrid and HYROX-style training, running, conditioning, and related fitness activities are physically demanding and involve inherent and unavoidable risks. These risks include, but are not limited to:

• muscle strains, sprains, tears, dislocations, fractures, joint and back injuries, and concussions;
• injuries from barbells, dumbbells, kettlebells, plates, sleds, sandbags, wall balls, medicine balls, boxes, rowing machines, SkiErgs, bikes, treadmills, ropes, racks, and other equipment, including dropped, falling, or malfunctioning equipment;
• sled pushes and pulls, loaded carries, lunges, jumps, burpees, sprints, and lifting near or at maximal effort;
• slips, trips, falls, and collisions with equipment, walls, surfaces, or other people;
• overexertion, exhaustion, dizziness, fainting, nausea, vomiting, dehydration, heat-related illness, rhabdomyolysis, irregular heart rhythm, heart attack, stroke, and sudden death;
• running outdoors, including uneven surfaces, traffic, weather, heat, cold, darkness, and animals;
• travel to and from competitions and events, and the conditions of venues Raw Performance does not control; and
• illness, infection, or communicable disease from contact with others or shared equipment.

I understand these risks can result in serious bodily injury, permanent disability, paralysis, emotional distress, property damage, economic loss, and death. I understand they may be caused by my own actions or inactions, the actions or inactions of other Participants or third parties, the condition of the Facility or equipment, weather, or the negligence of the Released Parties, and that other risks may exist that are not known or reasonably foreseeable today.

I KNOWINGLY, VOLUNTARILY, AND FREELY ASSUME ALL RISKS, KNOWN AND UNKNOWN, OF ENTERING THE FACILITY AND PARTICIPATING IN ANY ACTIVITY, INCLUDING RISKS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES.

3. Health and Fitness. I represent that I am physically and mentally able to participate safely. I understand that Raw Performance coaches are not physicians, that Raw Performance does not provide medical advice, diagnosis, or medical screening, and that heart-rate zones, workout scaling, and training recommendations are fitness guidance only. I have been advised to consult a physician before beginning any exercise program, and I am solely responsible for deciding whether to do so. I will not participate if I am ill, injured, pregnant without my physician’s clearance, impaired by alcohol or drugs, under a medical restriction, or otherwise unable to participate safely. I will tell my coach before training about any injury, condition, or limitation that may affect my safety, and I will stop immediately and tell a coach if I feel pain, dizziness, chest pain, shortness of breath, or other warning signs.

4. Emergency Medical Treatment. I authorize Raw Performance and anyone present to call emergency services and to provide or obtain first aid, CPR, AED use, or emergency medical care for me if they reasonably believe it is needed. I am solely responsible for all resulting costs, including ambulance transport and treatment.

5. RELEASE OF LIABILITY. I, for myself and on behalf of my heirs, estate, executors, administrators, insurers, successors, assigns, and anyone claiming through me, FULLY AND FOREVER RELEASE, WAIVE, AND DISCHARGE Raw Performance; the owners, landlords, lessors, and managers of the Facility; event organizers, venues, sponsors, and partners; and each of their respective owners, officers, employees, contractors, agents, insurers, successors, and assigns (collectively, the “Released Parties”) from any and all claims, demands, causes of action, damages, losses, expenses, and liabilities of any kind, including for personal injury, illness, death, and property damage, arising out of or related to my entry into the Facility, my use of any equipment, or my participation in, attendance at, or travel to or from any Activity.

THIS RELEASE EXPRESSLY INCLUDES CLAIMS ARISING FROM THE SOLE, JOINT, OR CONCURRENT NEGLIGENCE OF ANY RELEASED PARTY. It does not release claims for gross negligence or intentional misconduct, or any other claim that cannot legally be released under Texas law.

6. Covenant Not to Sue. I agree not to sue or bring any claim against the Released Parties for any matter released in Section 5.

7. INDEMNITY. I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from all claims, lawsuits, damages, losses, expenses, costs, and attorney’s fees arising out of or related to my entry into the Facility or participation in any Activity, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF ANY RELEASED PARTY, and including claims caused by my conduct that injures another person or damages property.

If I sign as Parent/Guardian of a minor Participant, I agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from any claim brought by or on behalf of the minor, including claims for personal injury, illness, death, or medical expenses, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF ANY RELEASED PARTY.

8. Personal Property. Raw Performance is not responsible for lost, stolen, or damaged personal property, vehicles, or items left at the Facility or any Activity.

9. Photos and Video. I grant Raw Performance permission to photograph, film, and record me (and the minor Participant, if any) during Activities, and to use my name, image, likeness, voice, and performance results in any media, including its website, social media, and marketing, without payment or further approval. I may opt out at any time by telling a coach or emailing Raw Performance; the opt-out applies to content created after the request.

10. Participant Information. I authorize Raw Performance to use the information I provide (including contact details, emergency contacts, health information I disclose, heart-rate and performance data, and payment records) for training, safety, emergency response, membership administration, insurance, recordkeeping, and legal compliance, as described in Raw Performance’s Privacy Policy.

11. Parent/Guardian Representation. If I sign on behalf of a minor Participant, I represent that I am the minor’s parent or legal guardian with full authority to sign, that I have explained this Waiver to the minor, and that I agree to everything in this Waiver on my own behalf and on the minor’s behalf.

12. Duration. This Waiver applies to every visit and every Activity from the date I sign it, including future visits, memberships, day passes, and events, until I revoke it in writing. Revocation does not affect claims arising before it.

13. Governing Law and Venue. This Waiver is governed by Texas law. Any dispute arising out of or related to this Waiver, the Facility, or any Activity will be brought exclusively in the state or federal courts located in Bexar County, Texas.

14. Severability. If any part of this Waiver is found invalid or unenforceable, the rest remains in full force and the invalid part will be enforced to the greatest extent permitted by law.

15. Electronic Signature. Typing my name, checking a box, signing digitally, or otherwise accepting this Waiver electronically has the same legal effect as my handwritten signature.

16. Voluntary Agreement; Entire Agreement. I have read this Waiver, had the chance to ask questions, and sign it voluntarily and without pressure. This Waiver is the entire agreement on these subjects and can only be changed in writing signed by me and an authorized representative of Raw Performance.

I HAVE READ THIS WAIVER. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE FOR THE NEGLIGENCE OF RAW PERFORMANCE, AND I SIGN IT VOLUNTARILY.