You have agreed to purchase a Guest Access Pass to FOXFITNESSTX or are utilizing a complimentary Gym Access Pass. Because physical exercise can be strenuous and may involve risk of injury, including serious injury or death, the Club strongly recommends that you obtain a physical examination from a physician before using any exercise equipment or participating in any exercise activity. You (each member, guest, or participant) understand and agree that if you engage in any physical exercise, activity, or use any club amenity, whether on or off the premises, including participation in any club-sponsored event, you do so entirely at your own risk. You further understand that dietary changes, including the use of food supplements, weight-loss products, or body-building enhancement products, may cause physical or mental changes, including but not limited to changes in energy, stamina, appetite, or mood. Any decision to modify your diet or use supplements is solely your responsibility, and you should consult a physician before making any such changes. You acknowledge that you are voluntarily participating in the use of the facilities, equipment, services, programs, and premises of the Club and assume all risks of injury, illness, death, or property loss. The Club is not responsible for the loss, theft, or damage of personal property. ASSUMPTION OF RISKThis waiver and release of liability includes, without limitation, all injuries which may occur as a result of, but not limited to: (a) This includes, but is not limited to, the use of strength and cardio equipment, functional training areas, locker rooms, restrooms, recovery areas, and sauna facilities. Use of the sauna involves additional risks including dehydration, dizziness, fainting, heat exhaustion, burns, elevated heart rate, and other heat-related illnesses. You understand that use of the sauna is entirely voluntary and you assume all risks associated with its use. You should consult a physician before using the sauna, especially if you have high blood pressure, heart conditions, respiratory conditions, are pregnant, or have any other medical concerns.
(b) The sudden or unforeseen malfunction of any equipment
(c) Instruction, supervision, training, or dietary recommendations provided by the Club or its staff
(d) Slipping, falling, or other accidents occurring in the facility, on the premises, or in adjacent areas including sidewalks and parking lots
(e) Exposure to or transmission of bacteria, viruses, or other infectious diseases This waiver applies regardless of negligence on the part of the Club, to the fullest extent permitted by law. RELEASE OF LIABILITYBy signing below, you acknowledge that you have carefully read this Waiver and Release of Liability and fully understand that it is a release of legal rights. You expressly agree to release and discharge NTXFOXFITNESS, LLC, and all owners, affiliates, employees, agents, representatives, successors, and assigns from any and all claims, demands, or causes of action arising out of or related to negligence, personal injury, illness, death, or property damage resulting from your use of the facilities or participation in any activity. You further agree that this waiver also applies to any guest or participant you bring to the Club. If any such person brings a claim against the Club, you agree to defend, indemnify, and hold harmless NTXFOXFITNESS, LLC from any such claims. This waiver shall remain in full force and effect for all current and future use of NTXFOXFITNESS, LLC facilities, services, equipment, amenities, and programs, including but not limited to sauna use, and shall apply to all visits now and in the future without expiration.
Today's Date: April 11, 2026
|