I enter into this Sports Complex Waiver Release (Agreement) with Gosling Sportsplex dba Woodlands Sportsplex for the privilege to use the facility located at 25127 Gosling Road, The Woodlands, Texas 77389.
1.Waiver and release of all claims (including negligence)
In consideration for use of the facility, I waive and release Gosling Sportsplex, Woodlands Sportsplex, its agents, servants, employees, insurers, successors and assigns from all claims, demands, causes of action, damages or suits at law and equity of whatsoever kind, including but not limited to claims for personal injury, property damage, medical expenses, loss of services, on account of or in any way related to or growing out of my presence at the facility or use of the facility and/or equipment. This waiver and release is intended to and does release Gosling Sportsplex/Woodlands Sportsplex from any and all liability for damages or injuries on account of or in any way related to or growing out of my negligence, the negligence of third parties and Gosling Sportsplex’s/Woodlands Sportsplex’s negligence, including but not limited to negligence in the construction, maintenance and upkeep of the facility and its equipment, negligence in training or negligence in supervision. This is not intended to release Gosling Sportsplex / Woodlands Sportsplex from any liability resulting from their intentional conduct.
I understand that if, for any reason, I am or have been under medical supervision or if I have not exercised regularly in the recent past, that a doctor’s approval should be obtained prior to use of the facility’s equipment. I understand and agree that it is my sole responsibility to obtain a doctor’s approval.
I further covenant and agree not to institute any claims or legal action against Gosling Sportsplex/Woodlands Sportsplex for any claim released by this Agreement. I further agree that should any claim be made against Gosling Sportsplex/Woodlands Sportsplex in contravention of this Agreement, including but not limited to derivative claims, I will protect, defend and completely indemnity (reimburse) Gosling Sportsplex/Woodlands Sportsplex for any such claim and expenses including attorney’s fees and costs incurred by Gosling Sportsplex/Woodlands Sportsplex in defending themselves or security indemnity hereunder.
I recognize the facility is not always supervised, and I use the facility (including premises and equipment) entirely at my own risk.
2. I understand that Gosling Sportsplex/Woodlands Sportsplex is not responsible for any lost or stolen valuables or property from within the facility.
3. While at the facility, I agree to conduct myself in a responsible manner and will refrain from engaging in inappropriate conduct, including the use of loud, foul, slanderous language or any intimidating or offensive conduct that would interfere with the peaceful use and enjoyment of the facility by other users.
4. I acknowledge that I have received and read a copy of the current rules and regulations governing the use of the facility. I agree that I will fully comply with all rules and regulations and with any amendments.
I have read the Agreement and understand that by signing the Agreement I have consented to be bound by its terms, including the waiver/release of any legal right I may have to sue Gosling Sportsplex/Woodlands Sportsplex for any costs they incur because a claim or legal action is brought in violation of this Agreement. I agree any violation of the Agreement and its terms and conditions, as determined by Gosling Sportsplex/Woodlands Sportsplex, will void and terminate this Agreement and may result in loss of the ability to use the facility.
Gosling Sportsplex/Woodlands Sportsplex
Rules and Regulations
The following rules and regulations are intended to make the sports-court area, batting cages, fitness center, outdoor field area safe, enjoyable and pleasant. These rules apply to all users and might be amended periodically by Gosling Sportsplex/Woodlands Sportsplex.
- Use. Users shall use the facilities and related equipment solely for weight and cardiovascular training on the equipment provided. Users shall not misuse or use the facility and related equipment in any manner that will cause damage. Users shall not install, nor tamper with or remove, any equipment in the facility. No person may use the facility without signing a release. Guests are not authorized to use the facility, and users may not grant access to the facility, nor permit the facility to be used, by any unauthorized persons.
- Fitness Center Trainers. Users who wish to hire personal trainers and use the facility for training will ensure that the trainer has completed a release prior to scheduling training.
- Hours of Operation. Gosling Sportsplex/Woodlands Sportsplex will be open most every day (7 days a week) from 5am-11pm. Hours will adjust periodically based on events that are taking place. Gosling Sportsplex/Woodlands Sportsplex reserves the right to adjust operating hours at its sole discretion.
- Clothing. The minimum attire at the facility is gym shorts, T-shirts, socks and tennis shoes (non-metal cleats are allowed on the turf). Any conventional exercise attire is permissible, including leotards and tights, warm-up suits, etc. Sneakers, tennis shoes or similar footwear must be worn at all times.
- Conduct. Any conduct that unreasonably interferes with the use or enjoyment of the facility or the equipment by others or disrupts or interferes with normal, safe, orderly and efficient operation is strictly prohibited. Personal audio equipment may not be used without headphones.
- Smoking. Smoking of any kind or consumption of tobacco products is strictly prohibited in the facility.
- Solicitations and Petitions. Solicitation for the sale of any product or service, or for charitable contributions, and petitions of any kind, are strictly prohibited.
- Identification. Upon request by Gosling Sportsplex/Woodlands Sportsplex personnel, users must present proper identification upon check-in. Gosling Sportsplex/Woodlands Sportsplex assumes no responsibility for lost or stolen Identification documents/cards.
- Food and beverage. Food and beverage may not be brought into the facility for consumption, except for bottled water or sports beverages. Alcoholic beverages are strictly prohibited.
- Notices, Complaints or Suggestions. Users must immediately notify Gosling Sportsplex/Woodlands Sportsplex if they discover unsafe or hazardous defects or conditions relating to the facility or equipment. Complaints or suggestions regarding the operation, maintenance, services and equipment at the Center should be directed to the onsite Manager or to the owner (please call or text 832.443.6353)
- Maintenance. No user may leave litter, trash, debris or articles of clothing at the facility. The entry door must be kept closed at all times.
Today's Date: October 27, 2020
COVID-19 LIABILITY WAIVER
The undersigned individual (“Signatory”) is making this liability waiver releasing all past, present, and prospective claims against __Gosling Sportsplex LP dba Woodlands Sportsplex __ (“Business”) as well as its shareholders, officers, directors, members, managers, employees, contractors, agents, successors, insurers, attorneys, assigns, and all affiliates (“Business Parties”) and assuming all liabilities relating to the COVID-19 pandemic voluntarily and under no duress. Signatory is over the age of 18, of sound mind, and competent to make this liability waiver.
Assumption of Risk and Release of Liability. Signatory is aware of current information relating to the COVID-19 pandemic and is knowledgeable about and has understood the instructions given by federal and state governmental authorities to shelter-in-place or stay-at-home due to the highly contagious nature of the COVID-19 Coronavirus and potential for illness, respiratory illness, hospitalization and death as a result thereof. Signatory, being aware of such risks, chooses to voluntarily enter the premises of Business and seek goods/services from Business as a patron/customer. Signatory understands, agrees, and acknowledges, that the risks associated with visiting Business, its premises, and seeking to use and/or purchase Business’s goods and/or services, as well as interfacing with Business Parties and/or the Business’s staff or other patrons of the Business could expose Signatory to COVID-19 and its symptoms, including but not limited to coughing, fever, runny nose, respiratory symptoms, lung damage, breathing difficulties, damage to extremities, loss of smell or taste, stroke, heart problems, and significant medical issues requiring use of ventilators, artificial breathing devices, breathing tubes, requirement of intensive care, permanent bodily injury, emotional distress, and possibly death. Signatory understands the risks of participating in such activities and voluntary chooses to patronize Business notwithstanding such risks, and Signatory acknowledges that Signatory has freely consented to such conduct and have assumed the risks thereof. Signatory further understands that Business and Business Parties specifically disclaim and have not made any representations or warranties about other patrons or persons at the premises of the Business or the safety of the premises itself from COVID-19, including any representations or warranties that the COVID-19 particles or droplets are not or will not be present at the premises of the Business, airborne, or on the surfaces of equipment, furniture, fixtures thereupon. Signatory acknowledges that the aforementioned are not an exhaustive list of the risks, hazards and dangers to which Signatory may be exposed as a result of Signatory’s presence at the premises of the Business, and Signatory accepts and assumes any and all risks, hazards and dangers regardless of whether they are detailed in this Waiver, and Signatory acknowledges that the waivers, releases and indemnities in this Agreement shall apply to all such risks, hazards and dangers, known or unknown.
Thermal/Temperature Detection Measures. Signatory understands, agrees, and voluntary consents that Business and/or the Business Parties may have in use thermal/temperature detection equipment and/or may require non-invasive temperature evaluation (to detect above-average human body temperature) of individuals entering its premises as part of Business’s COVID-19 mitigation measures and voluntary consents to the same and waives all claims, liabilities, and/or causes of action in connection therewith.
Release of All Known and Unknown Claims. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIGNATORY, ON BEHALF OF SIGNATORY AND SIGNATORY’S HEIRS, NEXT OF KIN, SPOUSES, GUARDIANS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS, LICENSEES AND ASSIGNS (COLLECTIVELY, THE “RELEASING PARTIES”), SIGNATORY IRREVOCABLY AND UNCONDITIONALLY RELEASE AND FOREVER DISCHARGES THE BUSINESS AND EACH AND EVERY ONE OF THE BUSINESS PARTIES (ALSO REFERRED TO AS THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, ACTIONS, COMPLAINTS, DAMAGES, DEMANDS, ALLEGATIONS, SUITS, LIABILITIES, LOSSES, LIENS, COSTS, EXPENSES AND INJURIES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS AND EXPERT WITNESS FEES) (COLLECTIVELY, “CLAIMS”) DIRECTLY OR INDIRECTLY CAUSED BY, ARISING OUT OF, RESULTING FROM, RELATING TO COVID-19 AND COVID-19 RELATED ILLNESS AND/OR BY REASON OF SIGNATORY’S PARTICIPATION IN OR IN CONNECTION WITH THE BUSINESS DURING THE ENTIRETY OF THE COVID-19 PANDEMIC ON ANY LEGAL OR EQUITABLE THEORY WHATSOEVER (COLLECTIVELY, THE “RELEASED CLAIMS”). THE RELEASED CLAIMS SPECIFICALLY INCLUDE, WITHOUT LIMITATION, CIVIL CLAIMS AS WELL AS ANY AND ALL COMPLAINTS TO AND PROCEEDINGS BEFORE ANY GOVERNMENTAL AGENCY, BODY, INVESTIGATING ENTITY, OR LAW ENFORCEMENT, AND ANY CLAIMS RESULTING FROM THE ACTIONS OF ANOTHER PARTICIPANT OR ANY OTHER THIRD PARTY AT ANY TIME, WHETHER OR NOT CAUSED BY OR ARISING OUT OF THE NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT OF ANY OF THE BUSINESS PARTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIGNATORY ALSO AGREES NOT TO SUE OR INSTITUTE ANY OTHER LEGAL PROCEEDINGS AGAINST ANY OF THE RELEASED PARTIES BASED ON ANY OF THE RELEASED CLAIMS HEREUNDER. SIGNATORY ACKNOWLEDGES THAT THERE IS A POSSIBILITY THAT AFTER THE EXECUTION OF THIS AGREEMENT, SIGNATORY MAY DISCOVER FACTS OR INCUR OR SUFFER CLAIMS THAT WERE UNKNOWN OR UNSUSPECTED AT THE TIME SIGNATORY EXECUTED THIS AGREEMENT, AND WHICH, IF KNOWN BY SIGNATORY AT THAT TIME, MAY HAVE MATERIALLY AFFECTED SIGNATORY’S DECISION TO EXECUTE THIS AGREEMENT. SIGNATORY ACKNOWLEDGE AND AGREE THAT BY REASON OF THIS AGREEMENT AND THE RELEASES CONTAINED HEREIN, SIGNATORY HAS ASSUMED ANY RISK OF SUCH UNKNOWN FACTS AND SUCH UNKNOWN AND UNSUSPECTED CLAIMS AND THIS RELEASE SHALL CONSTITUTE A FULL, FINAL, AND COMPLETE RELEASE, ACCORD AND SATISFACTION OF EACH AND EVERY OF THE RELEASED CLAIMS THAT SIGNATORY HAS OR MAY HAVE, AT ANY TIME, AGAINST ANY OF THE RELEASED PARTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIGNATORY KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF ANY STATUTE, LAW OR RULE OF SIMILAR EFFECT WITH RESPECT TO ANY SUCH UNKNOWN FACTS AND SUCH UNKNOWN AND UNSUSPECTED CLAIMS OF ANY OTHER JURISDICTION THROUGHOUT THE WORLD, AND ACKNOWLEDGES AND AGREES THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS RELEASE. SIGNATORY REPRESENTS THAT SIGNATORY UNDERSTANDS AND ACKNOWLEDGES THE SIGNIFICANCE AND CONSEQUENCE OF THE RELEASES MADE HEREIN, AND OF SIGNATORY’S WAIVER OF ALL RIGHTS UNDER ANY SIMILAR STATUTES, LAWS AND RULES. In making this Agreement, Signatory acknowledges that they have reviewed, and that they are familiar with, Civil Code Section 1542 and any other similar state statute, which provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, must have materially affected his OR HER settlement with the debtor.”
Being aware of said code section and except as set forth otherwise in this Agreement, Signatory expressly waives and relinquish all rights and benefits which each may have, or may have had, under Section 1542, or under any other comparable statute or common law principles of similar effect of any other jurisdiction, to the full extent that each may lawfully waive all of such rights and benefits which pertain to the matters released herein.
Indemnity. Signatory agrees to defend, indemnify and hold the Business as well as each of the Business Parties free and harmless from and against any and all Claims (including, without limitation, attorneys' fees and costs and expert witness fees) caused by, arising out of, resulting from, or relating to, Signatory’s presence upon the premises of the Business, participation with Business and/or acquisition of goods/services from Business.