PLEASE READ CAREFULLY.  THIS LIABILITY WAIVER IS A BINDING CONTRACT AND CONTAINS SIGNIFICANT LEGAL PROVISIONS INCLUDING A WAIVER OF RIGHTS AND A RELEASE OF THE RELEASED PARTIES FROM ANY LIABILITY, INCLUDING FOR THEIR OWN NEGLIGENCE AND GROSS NEGLIGENCE.

LIABILITY WAIVER & RELEASE

You (“you” or “the undersigned”) understand and agree, warrant and covenant that you have been allowed to enter, and are voluntarily entering the private property known as Collective, generally described as _Collective__ (the “Property”) owned by _Roll Out, LLC_, a Texas limited liability company (“Owner”).  While at and around the Property, you may engage in yoga, exercising, and other physical activities (collectively the “Activities”).  Your choice to undertake the Activities is voluntary on your part and you are solely responsible for your actions in undertaking such activities.  Accordingly, for good and valuable consideration, including the use of the Property, the receipt of which is hereby acknowledged, you hereby agree as follows:

1. Release of Liability; Assumption of Risk; Waiver.  You understand that participation in the Activities is potentially hazardous and dangerous and you should not participate unless you are medically able and properly trained. You warrant and represent that you have no medical conditions which would be worsened, triggered, or exacerbated by participation in the Activities. You acknowledge and agree that presence on the Property and participation in the Activities carries with it certain inherent risks that cannot be eliminated completely, including but not limited to property damage, minor bodily injuries, and catastrophic injuries, including permanent disability and death.  Your participation in the Activities is done so knowingly and you freely and fully assume and bear all responsibility for all associated risks and costs which may be sustained, directly or indirectly, in connection with your presence at the Property and participation in the Activities, whether caused by the negligence or gross negligence of the Released Parties (defined below) or otherwise.    You understand and agree that in consideration of being permitted to enter the Property and participate in the Activities, you, your heirs, personal representatives, guests, children, next of kin, and assigns do hereby release, waive, discharge and covenant not to sue the Owner or its related business entities, officers, directors, managers, members, employees, contractors, agents, representatives, successors, and assigns (collectively with the Owner, the “Released Parties”) for any and all liability, loss, or damage to property, the undersigned, other guests at the Property, other participants in the Activities, representatives, assigns, heirs, and family arising from your participation in the Activities or otherwise in connection with your presence on the Property, whether such liability, loss, or damage is caused by the negligence or gross negligence of the Released Parties or otherwise, and regardless of any concurrent or contributing fault or negligence.

2. Limitation of Liability; Disclaimer of Warranties.  The Released Parties shall not be liable for any direct, incidental, special, or consequential damages (including but not limited to personal injury and mental anguish claims), resulting from your participation in the Activities or your presence on the Property.  To the largest extent allowable by law, the Released Parties expressly disclaim all warranties of any kind, express or implied.

3. Inspection of Premises. You acknowledge, agree, and represent that you have or will immediately upon entering the Property, and will continuously thereafter, thoroughly inspect the Property, and your continued presence at the Property and participation in the Activities constitutes an acknowledgment that you have inspected the Property and you find and accept it as being safe and reasonably suited for the purposes of your use, and you further agree and warrant that if, at any time, you feel anything to be unsafe, you and all guests will immediately leave the Property and advise the Owner. 

4. Indemnification of Owner. You agree to indemnify and hold the Released Parties harmless from and against any and all loss, liability, damage, costs, claims or demands, including reasonable attorneys’ fees, due to or arising from or relating to: i) your breach of any term of this agreement or ii) injuries, damages, or losses to persons and property which may be sustained in connection with your presence at the Property or participation in the Activities, whether caused by the negligence or gross negligence of the Released Parties or otherwise.  You hereby further certify that you have adequate insurance to cover any injury, illness or damage that may be caused or suffered while being on the Property and participating in the Activities.

5. Applicable Law; Consent to Jurisdiction. The statutes and laws of the State of Texas, without regard to the conflict of laws principles thereof, will apply to all matters relating to your participation in the Activities, presence on the Property, and this waiver.  Any dispute, controversy, or claim arising out of or related to this Agreement shall first be brought in mediation.  If mediation is unsuccessful, then disputes, controversies, and claims arising out of or related to this Agreement shall be settled by arbitration in accordance with the rules of the American Arbitration Association.  The place of arbitration shall be Harris County, Texas. 

6. Entire Agreement. This release constitutes the complete understanding of the parties about the subject matter hereof.  You hereby agree that no oral representations, statements, or inducements apart from the foregoing written agreement have been made.

7. Severability. You expressly agree that this waiver is intended to be as broad and inclusive as is permitted by law and that if any provision, or portion of a provision, of this waiver shall be found to be unlawful, void, or for any reason unenforceable, then that provision, or the specific portion thereof, shall be deemed severable from this agreement and shall not affect the validity and enforceability of the remainder of the provision or any other remaining provisions of this Agreement.

8. Medical Treatment. In connection with any injury you may sustain or illness or other medical conditions you may experience during your presence at the Property or participation in the Activities, you authorize any emergency first aid, medication, medical treatment or surgery deemed necessary and advisable by any parties present if you are not able to act on your own behalf.

9. Photocopies/Electronic Signature. The waiver shall become effective upon delivery of an original, photocopied, or electronically transmitted (whether by facsimile, or in either a Tagged Image Format File (TIFF) or a Portable Document Format (PDF)) signature page that bears your signature.

BY ENTERING THE PREMISE AND/OR PARTICIPATING IN ANY ACTIVITIES, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AND FULLY UNDERSTAND ITS TERMS, INCLUDING THE RISKS ASSOCIATED WITH BEING PRESENT AT THE PROPERTY AND PARTICIPATING IN THE ACTIVITIES.  YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE.  YOU UNDERSTAND THAT THIS WAIVER INCLUDES ANY CLAIMS, WHETHER CAUSED BY NEGLIGENCE, THE ACTION OR INACTION OF ANY OF THE RELEASED PARTIES AND THE PARTIES PRESENT AT THE PROPERTY, INVOLVED IN THE ACTIVITIES, OR OTHERWISE.  YOU ARE ACKNOWLEDGING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY AND NOT UNDER FRAUD OR DURESS, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.