RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
In consideration of MJM Fitness LLC, a Texas limited liability company doing business as Steel and Wheels (“MJM”), allowing Participant listed below to participate in certain recreational and fitness activities, including, without limitation, fitness classes, personal training, weightlifting, walking, jogging, running and aerobic activities (the “Activities”), I, as Participant (or as parent or guardian of a Participant who is a minor, if applicable), covenant and agree as follows:
1. Definitions. For purposes of this Release of Liability and Indemnity Agreement (this “Agreement”), the term “Participant” shall mean the person listed as Participant on the signature page of this Agreement. The terms “I”, “me”, “he/she” and “my” shall refer to Participant and the parent or legal guardian thereof if Participant is a minor.
2. Risks of the Activities. I fully understand that the Activities are classified as strenuous fitness activities, and that there are numerous obvious and non-obvious inherent risks always present in the Activities despite taking all reasonable safety precautions. I fully understand that the Activities may involve the risk of serious bodily injury or even death. I also fully understand that the risks of the Activities may result not only from Participant’s own actions, inactions or negligence, but also from actions, inactions or negligence of others or conditions of the premises or of any equipment used.
3. Participant Responsibility. I fully understand that in connection with certain of the Activities, Participant is in primary control of the fitness equipment. Participant’s safety largely depends on Participant’s ability to carry out instructions and operate such equipment. Participant shall be responsible for his/her own safety.
4. Compliance with Rules. I fully understand and acknowledge that Participant must comply with all rules of MJM and instruction of any MJM Party (defined below).
5. Assumption of Risk. I AM AWARE OF THE RISKS AND DANGERS ASSOCIATED WITH THE ACTIVITIES, BOTH KNOWN AND UNKNOWN, AND HERBY FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS AND DANGERS INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS RESULTING THEREFROM.
6. Premises Liability. I acknowledge that these risks may arise from the conditions and use of the venue and related premises, including slipping.  I understand that these risks and dangers may be caused by Participant’s negligence or the negligence of others, including MJM and its affiliates, owners, directors, managers, members, officers, employees, agents, attorneys, staff, volunteers, representatives, landlords (or licensors of property) (including, without limitation Thousand Hills Church) and contractors (including, without limitation A&W Productions, Inc.) and their respective heirs, administrators, executors, successors and assigns (collectively, the “MJM Parties” or individually, a “MJM Party”). I acknowledge and understand that included within the scope of the waiver and release included in this Agreement is any claim or cause of action arising from the performance, or failure to perform, of any maintenance, inspection, supervision control of said premises, for the failure to warn of dangerous conditions existing at said premises, for the failure to maintain or inspect equipment supplied to me, or negligent supervision or instruction of any MJM Party.  I understand and agree that all the risks and dangers described throughout this Agreement, including those caused by my negligence and/or others, are included within the waiver and release contained herein.  I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN.
7. Release of Liability, Waiver of Claims and Agreement to Indemnify.
(a) I, HEREBY FOREVER AND UNCONDITIONALLY WAIVE, RELEASE, DISCHARGE, AND AGREE TO HOLD HARMLESS THE MJM PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY AND/OR CAUSES OF ACTIONS I MAY HAVE OR THAT MAY BE MADE ON  MY BEHALF OR BY MY SPOUSE, CHILDREN, HEIRS AND LEGAL REPRESENTATIVES, FOR DEATH, WRONGFUL DEATH, PERSONAL INJURY (WHETHER PHYSICAL, EMOTIONAL AND/OR PSYCHIATRIC OR ANY COMBINATION THEREOF), LOSS OF CONSORTIUM, PROPERTY DAMAGE AND/OR BREACH OF CONTRACT OR ANY OTHER DAMAGE, OCCASIONED BY, ARISING OUT OF OR INCIDENTAL TO PARTICIPANT’S (AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, MY INVITEE’S OR GUEST’S) PARTICIPATION IN THE ACTIVITIES OR SERVICES PROVIDED BY MJM AND THE MJM PARTIES WHETHER OR NOT RESULTING FROM OR CAUSED BY THE NEGLIGENCE (SOLE, CONCURRENT, CONTRIBUTORY, ACTIVE, OR PASSIVE) OF AND/OR ON THE PART OF ANY MJM PARTY OR HIDDEN, LATENT OR OBVIOUS DEFECTS IN THE FACILITIES OR EQUIPMENT USED AND REGARDLESS OF WHETHER ANY SUCH ACT OR OMISSION WAS THE SOLE, PROXIMATE OR PRODUCING CAUSE OF THE CLAIMS. THIS WAIVER AND RELEASE PERTAINS TO ALL CLAIMS, LIABILITIES AND/OR CAUSES OF ACTION INCLUDING, BUT NOT LIMITED TO THOSE ARISING FROM INJURIES OR DEATH TO PARTICIPANT THAT MAY OCCUR AS A RESULT OF THE PERFORMANCE, OR FAILURE TO PERFORM, OF ANY MAINTENANCE, INSPECTION, SUPERVISION OR CONTROL OF ANY PREMISES USED BY MJM, FOR THE FAILURE TO WARN OF DANGEROUS CONDITIONS EXISTING AT SAID PREMISES, FOR THE FAILURE TO MAINTAIN OR INSPECT EQUIPMENT SUPPLIED TO PARTICIPANT, OR NEGLIGENT SUPERVISION OR INSTRUCTION BY ANY MJM PARTY. 
(b) I shall defend, indemnify and hold harmless the MJM Parties from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorneys’ fees, brought as a result of Participant’s or any of my invitee’s or guest’s participation in the Activities or services provided by MJM or any MJM Party and to reimburse the MJM Parties for any such expenses incurred ARISING OUT OF OR INCIDENTAL TO PARTICIPANT’S (AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, MY INVITEE’S OR GUEST’S) PARTICIPATION IN THE ACTIVITIES OR SERVICES PROVIDED BY MJM AND THE MJM PARTIES MY DEFENSE, INDEMNITY AND HOLD HARMLESS OBLIGATIONS APPLY WHETHER OR NOT RESULTING FROM OR CAUSED BY THE NEGLIGENCE (SOLE, CONCURRENT, CONTRIBUTORY, ACTIVE, OR PASSIVE) OF AND/OR THE PART OF ANY MJM PARTY OR HIDDEN, LATENT OR OBVIOUS DEFECTS IN THE PREMISES, FACILITIES OR EQUIPMENT USED AND REGARDLESS OF WHETHER ANY SUCH ACT OR OMISSION WAS THE SOLE, PROXIMATE OR PRODUCING CAUSE OF THE CLAIMS. THESE DEFENSE, INDEMNITY, AND HOLD HARMLESS OBLIGATIONS PERTAIN TO ALL CLAIMS, LIABILITIES AND/OR CAUSES OF ACTION INCLUDING, BUT NOT LIMITED TO THOSE ARISING FROM INJURIES OR DEATH TO PARTICIPANT THAT MAY OCCUR AS A RESULT OF THE PERFORMANCE, OR FAILURE TO PERFORM, OF ANY MAINTENANCE, INSPECTION, SUPERVISION OR CONTROL OF MJM’S PREMISES, FOR THE FAILURE TO WARN OF DANGEROUS CONDITIONS EXISTING AT SAID PREMISES, FOR THE FAILURE TO MAINTAIN OR INSPECT EQUIPMENT SUPPLIED TO PARTICIPANT, OR NEGLIGENT SUPERVISION OR INSTRUCTION BY ANY MJM PARTY.
8. Pre-Existing Medical Conditions. I certify that Participant does not suffer from any physical infirmities, chronic illness or physical disabilities which are affected by or prohibit Participant from engaging and participating in the Activities. I also understand that if Participant does suffer from any physical infirmities, chronic illness or physical disabilities, I am responsible for consulting Participant’s physician before Participant engages in any Activity that may aggravate any condition that Participant may have.
9. Photo and Video Release. I hereby irrevocably grant to MJM a perpetual, worldwide, royalty free, fully paid up, transferable and sublicensable right and license to (a) photograph, film, record, or otherwise capture Participant’s name, likeness, image, and voice, and (b) use, reproduce, modify, publish, distribute, publicly display, transmit, and otherwise exploit all such materials, including, without limitation, any photograph, video, audio recording, written statement, online post, or other material created or shared by Participant, or by any guest, invitee, or other third party, in connection with any MJM related event or activity, in any and all media now known or later devised, for any lawful purpose, including, without limitation, advertising, marketing, promotional, social media, informational, educational, and commercial uses, with or without attribution to Participant. I hereby acknowledge and agree that all right, title, and interest in all such materials shall vest exclusively in MJM and that MJM has no obligation to use such materials.
10. Severability. If any portion of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall continue in full force and effect. Furthermore, in lieu of each such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
11. Choice of Law. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Texas without reference to conflict of laws principles.