Terms and Conditions
Beat Strong LLC d/b/a Beat Strong Fitness & Nutrition, located at 6420 FM 1463, STE. 200, KATY, TX 77494 is registered with the State of Texas as a Health Studio HS#: 20170030.
DISCLAIMER OF LIABILITY: Beat Strong LLC d/b/a Beat Strong Fitness & Nutrition (“BeatStrong”) strongly urges all purchasers to obtain a physical exam and medical clearance from their physicians prior to starting any exercise or nutrition program. The group fitness classes offered at BeatStrong studios are not intended or designed for individuals with known heart disease. You, the purchaser, hereby confirm that you are in proper physical condition to use the facilities and equipment and participate in the group fitness classes offered at BeatStrong studios. You understand and agree that participating in any exercise program involves risk of injury and the possibility of the occurrence of certain conditions, including, but not limited to, fainting, abnormal blood pressure/heart rate, heart attack or stroke. You also understand that the nutrition and wellness information offered during our group nutrition sessions is for educational and informational purposes only and should be evaluated by you and your physician(s) in light of your personal health condition prior to use at your sole risk and discretion. You agree to assume full responsibility for and indemnify BeatStrong and the facility against any damages, injuries or losses that you may sustain while voluntarily participating in any fitness or nutrition class at BeatStrong at your sole risk and discretion or in connection therewith (including, without limitation, attorney’s fees, costs and expenses of litigation, arbitration or other proceeding). In acknowledgement of the possible dangers connected with any physical activity, exercise program or nutrition program, you hereby knowingly and voluntarily waive any cause of action of any kind whatsoever, including any claims for illness or injury, or medical or hospital bills, arising as the result of such activity or your presence at BeatStrong’s studios from which any liability may or could accrue to the facility and/or BeatStrong, its owners, officers, agents, employees, instructors or assigns in their capacity as such and individually and agree to hold them and BeatStrong harmless therefrom, including from any claims arising as the result of their negligence or carelessness.
SEVERABILITY: If any part of this agreement shall be held invalid by a court of competent jurisdiction, that part shall be deemed excluded from this agreement and the remainder of this agreement shall remain in full force and effect.
APPLICABLE LAW/JURSIDICTION: This agreement shall be governed by the laws of the State of Texas. With respect to any dispute arising under this agreement and to the fullest extent permitted under the law, Purchaser hereby agrees to submit to the sole and exclusive jurisdiction of the courts of the State of Texas and that any action hereunder shall be brought in Fort Bend County, Texas.
MEDIATION: The parties to this agreement agree to attempt to resolve any dispute, claim, controversy or cause of action arising out of or relating to this agreement by mediation, which shall be conducted pursuant to Texas statute or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
ENTIRE AGREEMENT: The parties acknowledge that this Agreement constitutes their entire agreement and supersedes all prior agreements, whether written or oral, between them.