Terms and Conditions
I represent that I am in good health and have no disability, impairment, injury, disease, or ailment, preventing me from engaging in exercise, including, but not limited to spin, barre, high intensity interval training, or any exercise which could cause increased risk of injury or adverse health consequences as a result of such exercise. I represent that there is no medical or physical condition that would preclude me from using Zyn22 facilities and/or classes and further represent that I have not been instructed by any physician not to use a Zyn22 facility and/or classes or not to use any health club facility and/or classes.
I agree and acknowledge that using the Zyn22 owned facility involves the risk of injury to myself. I understand that whether I or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as property damage, serious personal injury, paralysis, rhabdomyolysis, musculoskeletal injuries, cardiovascular injuries and trauma, heart attack, stroke, and death. In consideration of my participation in the activities offered by Zyn22, I understand and voluntarily accept this risk on my behalf or on behalf of my minor child(ren) or ward(s) and agree that Zyn22, its owners, officers, directors, instructors, employees, independent contractors and volunteers will not be liable for any injury including, without limitation, personal, bodily, or mental injury, economic loss, or any damage to me or my spouse, guests, unborn child, or relatives resulting from the negligence of Zyn22, or anyone using the facilities whether or not related to spinning or exercises. I hereby waive, release, and discharge Zyn22 and its owners, officers, directors, instructors, employees, independent contractors, and volunteers of any and all liability, claims, demands, actions, or damages of any kind related to, arising from, or in any way connected with, my participation in fitness activities at Zyn22, including those allegedly attributed to the negligent act or omissions of the above mentioned. I agree to indemnify, defend and hold Zyn22 harmless against any liability, damages, defense costs, including attorneys’ fees, or from any other costs incurred in connection with claims for bodily injury, wrongful death or property damage caused by my negligence or other wrongful acts or omissions. I further agree to hold harmless, defend and indemnify Zyn22 from all liability, damages, defense costs, including attorneys’ fees, or from any other costs incurred in connection with claims for bodily injury, wrongful death or property damage brought by me, my guests, minors, or wards, even if Zyn22 was negligent. Further, I understand and acknowledge that Zyn22 does not manufacture fitness or other equipment at its facilities, but purchases its equipment at its facilities. I understand and acknowledge that Zyn22 is providing recreational activities and may not be held responsible for defective products.
I understand that this Agreement extends forever into the future and will have full force and legal effect each and every time I or my child(ren)/ward(s) visit Zyn22, whether at the location I originally agreed to this waiver and release or any other Zyn22 location or facility.
In the event a lawsuit is filed against Zyn22, I agree to the sole and exclusive venue of Tarrant County, Texas. I further agree that the substantive law of Texas shall apply without regard to any conflict of law rules. I also agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect. Prior to any lawsuit I agree to participate in mediation, in person, with Zyn22 to attempt to resolve the dispute without litigation.
By signing this document and/or clicking “Accept Terms and Conditions/Waiver,” I understand that I may be found by a court of law to have forever waived any right that I or my child(ren)/ward(s) may have to maintain any action against Zyn22 on the basis of any claim from which I have released Zyn22 and any released party herein. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein. I understand and agree that I may be asked to update this Agreement on an annual basis and further hereby agree to conduct this transaction by electronic means. By providing your phone number and email address to us, you expressly consent to receive phone calls and emails from us.