Assumption of Risk, Waiver and Release of Liability, Covenant Not to Sue, Indemnification, and Arbitration Agreement
Texas Facility
I certify that I am at least eighteen (18) years of age and legally competent to sign this Assumption of Risk, Waiver and Release of Liability, Covenant Not to Sue, Indemnification, and Arbitration Agreement ("Agreement") on my own behalf and, if applicable, on behalf of my minor child(ren) or ward(s) ("Minor Child").
In consideration of Model Society, LLC, its owners, subsidiaries, affiliates, landlords, lenders, insurers, members, managers, officers, directors, employees, volunteers, independent contractors, representatives, and agents (collectively, "Model Society") permitting me and/or my Minor Child to enter the facility, hold a membership, or participate in any Model Society–sponsored or approved activity, service, program, class, or event, whether on or off Model Society premises (collectively, the "Activity"), I agree to all terms below, including the ASSUMPTION OF RISK, WAIVER OF LIABILITY, DEFENSE AND INDEMNIFICATION, HEALTH AND SAFETY, PROPERTY, and ARBITRATION AGREEMENT provisions.
1.1 Use of Premises and Services. I understand that participation in the Activity and my use of Model Society's premises, facilities, equipment, services, and products ("Use of Premises and Services") may include, without limitation:
1.2 Risks. I understand that there are dangers, hazards, and risks associated with the Use of Premises and Services and with participation in the Activity (collectively, "Risks"), including but not limited to:
1.3 Injuries. I understand that the Risks described above may result in a wide range of injuries, losses, or damages ("Injuries"), including but not limited to:
1.4 Negligence and Assumption of Risk. I understand that the Risks and Injuries may arise in whole or in part from the NEGLIGENCE of Model Society or any of the Released Parties described in this Agreement, from my own negligence, from the negligence of my Minor Child, or from the negligence or intentional acts or omissions of other participants or third parties.
TO THE FULLEST EXTENT PERMITTED BY LAW, I VOLUNTARILY, KNOWINGLY, AND FREELY ASSUME ALL RISKS OF INJURY, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, ARISING OUT OF OR RELATED TO THE ACTIVITY AND THE USE OF MODEL SOCIETY PREMISES AND SERVICES.
On behalf of myself, my spouse/partner, my Minor Child(ren), my and their parents or guardians, family members, heirs, next of kin, personal representatives, estates, and assigns (collectively, "Releasing Parties"), I hereby voluntarily and forever:
This release does not apply to gross negligence, willful misconduct, or liability that cannot lawfully be waived. If any Releasing Party brings or asserts a Claim against any Released Party in violation of this Agreement, I agree that I will be responsible for and will pay all reasonable attorneys' fees, costs, and expenses incurred by the Released Parties in defending such Claim, to the fullest extent permitted by law.
To the fullest extent permitted by law, I agree to DEFEND, INDEMNIFY, AND HOLD HARMLESS the Released Parties from and against any and all Claims (including those alleging negligence) brought by any person or entity arising out of or related to: (i) my participation in the Activity or Use of Premises and Services; and/or (ii) the participation in the Activity or Use of Premises and Services by my Minor Child(ren) or any guest that I bring or allow to participate. My duty to defend includes paying all attorneys' fees, costs, and expenses incurred by the Released Parties from the date any such Claim is first asserted. My duty to indemnify includes paying any settlement, judgment, award, or other amounts, plus all related fees and costs. This indemnification does not extend to Claims arising solely from the gross negligence or willful misconduct of Model Society or its representatives.
4.1 Personal Property. I am solely responsible for securing my personal property. To the fullest extent permitted by law, Model Society is not liable for loss, theft, or damage to vehicles or personal property except to the extent directly caused by Model Society's nonwaivable liability.
4.2 Property Damage. I am financially responsible for damage to Model Society property or equipment caused by me or my guest through intentional misconduct, negligence, or misuse.
4.3 Access Credentials. Any mobile credential, key fob, QR code, or other access device issued to me remains the property of Model Society, may not be shared or transferred, and may be disabled at any time. Upon termination or revocation of my membership or access, I understand that any attempt to enter or remain on Model Society property without authorization may constitute trespassing and may result in removal from the premises and/or law enforcement involvement.
I understand that Model Society may photograph, film, record, livestream, or otherwise capture the name, image, voice, likeness, persona, statements, or testimonial of me or my Minor Child(ren) in connection with the Activity or the Use of Premises and Services (collectively, "Images").
I hereby irrevocably grant to Model Society a non-exclusive, worldwide, perpetual, royalty-free, fully paid, transferable, and sublicensable right and license to use, reproduce, modify, adapt, edit, publish, display, distribute, broadcast, create derivative works from, and otherwise exploit such Images, in whole or in part, in any media now known or later developed, for any lawful purpose, including promotional, commercial, marketing, and internal business uses, without additional notice to me and without compensation.
I waive any right to inspect or approve the final content or use of any Images and waive any rights of privacy, publicity, or moral rights that may arise from such use, to the fullest extent permitted by law.
6.1 I represent that I and (if applicable) my Minor Child(ren) are physically and mentally able to safely participate in the Activity and to Use Model Society Premises and Services. I understand that Model Society does not provide medical care or medical advice.
6.2 Independent Providers. Healthcare and wellness providers operating within Model Society, including med spa, injector, chiropractic, and physical therapy providers, may be independent businesses or contractors and are not employees or agents of Model Society. Model Society is not responsible for the professional services, advice, diagnosis, or treatment provided by any independent provider; my contractual and professional relationship for such services is with the individual provider, not with Model Society.
6.3 I consent to Model Society providing or obtaining emergency care for me or my Minor Child(ren) if Model Society, in its sole discretion, deems it necessary, and I agree that I am solely responsible for any and all medical expenses incurred.
6.4 I understand that I am responsible for my own conduct, health, and safety and that of my Minor Child(ren) at all times while participating in the Activity or Using Model Society Premises and Services.
If I am signing this Agreement as the parent or legal guardian of a Minor Child, I represent and warrant that I have full legal authority to make decisions concerning the care, custody, and control of each Minor Child, including the authority to enter into this Agreement on each Minor Child's behalf. By signing this Agreement, I am binding each Minor Child to all of its terms, including the ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, DEFENSE AND INDEMNIFICATION, HEALTH AND SAFETY, and ARBITRATION AGREEMENT provisions.
I agree that this Agreement, including the ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, DEFENSE AND INDEMNIFICATION, and ARBITRATION AGREEMENT provisions, will be binding on my and/or my Minor Child's estate, heirs, next of kin, personal representatives, executors, administrators, guardians, and assigns in the event of my or my Minor Child's death or incapacity, to the fullest extent permitted by law.
I agree to follow all written, posted, and spoken rules, requirements, policies, procedures, guidelines, instructions, and directions applicable to the Activity and Use of Premises and Services ("Rules"), including all Model Society club rules and policies. Model Society may change or update the Rules at any time, effective upon posting or communication. Failure to follow the Rules may result in removal from the Activity, suspension of privileges, and/or termination of membership or access without refund.
This Agreement is intended to be as broad and inclusive as permitted by applicable law. If any provision is found invalid, illegal, or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect. This Agreement supersedes any prior or contemporaneous oral or written statements concerning the Activity or its subject matter. I am not relying on any promises, statements, or representations other than those expressly set forth in this Agreement. Model Society's failure to enforce any right under this Agreement on one or more occasions does not waive its right to enforce it later.
PLEASE READ CAREFULLY: THIS SECTION LIMITS YOUR RIGHT TO LITIGATE IN COURT.
11.1 Mandatory Binding Individual Arbitration. Except as expressly provided below, Model Society and I (each a "party," together the "parties") agree that any dispute, claim, case, or controversy between us (whether based in tort, contract, statute, regulation, ordinance, equity, or any other legal theory) arising out of or relating to this Agreement, the Activity, or the Use of Model Society Premises and Services, whether occurring before, during, or after the Activity ("Claims"), shall be resolved exclusively by binding arbitration on an individual basis, and not in court.
11.2 Waiver of Class and Representative Actions. All Claims will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, mass, collective, consolidated, private attorney general, or representative proceeding. The arbitrator shall have no authority to consolidate claims of more than one person, to hear any form of class or representative proceeding, or to award relief to anyone other than the individual parties.
11.3 Waiver of Jury Trial. To the fullest extent permitted by law, the parties knowingly and voluntarily waive any constitutional or statutory right to sue in court and to have a trial by judge or jury, and instead elect to have all Claims resolved by binding individual arbitration.
11.4 Claims Not Subject to Arbitration. The following Claims are not subject to this Arbitration Agreement: small claims brought by either party in a small-claims court of competent jurisdiction; claims for personal injury to the physical body, which, to the extent required by applicable law, may be litigated in court rather than arbitrated; and requests for temporary injunctive or other emergency equitable relief, which either party may seek in court pending arbitration without waiving any other rights or obligations under this Arbitration Agreement.
11.5 Arbitration Procedures. Either party may commence arbitration with the American Arbitration Association ("AAA") or JAMS. If neither AAA nor JAMS is available, the parties will mutually select another reputable ADR provider. Arbitration will be conducted under the AAA Consumer Arbitration Rules or JAMS Streamlined Arbitration Rules and Procedures, as applicable, except to the extent such rules conflict with this Arbitration Agreement. The hearing will generally take place at the ADR provider's location closest to my primary residence, unless otherwise agreed or required. The arbitrator shall have authority to award all remedies available under applicable law, but only on an individual basis, and shall issue a written award with a brief statement of essential findings and conclusions.
11.6 Governing Law and Confidentiality. This Arbitration Agreement is governed by the Federal Arbitration Act and applicable federal arbitration law. All aspects of the arbitration, including any award, shall be kept confidential by the parties, except as necessary to enforce or challenge an award in court or as otherwise required by law.
11.7 Survival. This Arbitration Agreement survives completion of the Activity, termination of membership, and/or expiration or termination of this Agreement.
For any questions regarding this Agreement, contact us at info@modelsociety.co.