Austin

D1 Rookie, designed for ages 7-11, creates the foundation for coordination and athleticism. Learning how to train, Rookies build confidence through proper running technique and body-weight exercises in a positive environment.



Drop In Rate : $35 per class&#x20;

Two Week Trial Rate : $60 (access to unlimited classes for two weeks)

Kid-friendly

Lifting

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Golf

Recovery

Swimming

Running

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D1 Training Sports Liability Waiver & Release
Release and Waiver of Liability Agreement
• please review as you are signing away certain rights and limiting others •
WHEREAS, Z3 Fitness-Red, LLC dba D1 Training ("Company" or “D1”) is the owner and operator of athletic training programs offered at the D1 Sports facility (the "D1 Program") and is willing to permit the individuals (the "Invitees") signing this Agreement to participate in the D1 Program, upon the terms and conditions of this Agreement. All or some of the D1 Program may take place on the Company's premises or property (the "Premises") located at 11521 N FM 620 STE 800, Austin TX, 78726. The Company and Invitees may be collectively referred to as (the "Parties").
In consideration for being allowed to participate in the D1 Program and enter the Premises, each person signing below hereby stipulates and agrees:
1. Use of Premises for D1 Program Only.
I understand and agree that I may only use the Premises for the D1 Program at designated times when the Company is offering programming for my age and ability, as directed by the. I further agree that I am responsible for the proper use and care of the Premises and any of Company's property thereon, and that I will be liable for the replacement cost of any Company property/equipment which is damaged, destroyed or lost.
2. Representations. I represent that I am physically fit to participate in the D1 Program and that, prior to participation in the Program, I have consulted a physician regarding any limitations or medical risks that I may have in relation to the Programs and certify that I am free from any such limitations and medical risks. I further understand and agree that the Program involves physical exertion and strenuous physical ACTIVITY, which entails certain risks AND, THROUGH MY PARTICIPATION, I ACKNOWLEDGE THAT serious bodily injury and/or death may occur. For example, physical contact with other participants, equipment or surfaces may occur during the Program.
3. Assumption of Risk. I understand and acknowledge that the D1 Program I want to participate in may be dangerous and may involve the risk that I will sustain serious injury, temporary or permanent disability, death, and/or property damage. I understand that the D1 Program may involve limited or occasional supervision and that the Company does not provide medical services. I further acknowledge that any injury I may sustain while participating in the D1 Program may be compounded by negligent or delayed medical service or negligent or delayed assistance by the Company. I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF THE PREMISES AND PARTICIPATION IN ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE, EVEN IF CAUSED BY NEGLIGENCE OF THE COMPANY.
3. Release from Liability. With full knowledge of the risks of serious bodily injury and death, I voluntarily choose to participate in the Program and (i) hereby forever release, covenant not to sue, discharge and waive all liability, ON BEHALF OF MYSELF, MY HEIRS AND MY PERSONAL REPRESENTATIVES, TO FULLY AND FOREVER DISCHARGE AND RELEASE D1, it’s employees, executives, agents, affiliates (including without limitation, affiliate d1 sports holdings, llc), owners, subsidiaries, partners, sponsors, assigns, owners and lessees of the premises, consultants, volunteers and contractors (the “Releasees”), from any and all claims i may have or hereinafter have for any bodily injury of any kind, temporary or permanent disability, property damage or death, damages, liability, expenses and/or causes of action, non known or hereinafter known in any jurisidction in the world, attributable or relating in any manner to my entry upon and use of the premises and participation in the d1 program, regardless of whether such bodily injury or death was due to negligence of any kind committed by D1 or the Releasees or otherwise, (ii) agree to indemnify and hold harmless D1 and the Releasees from any loss, liability or cost they may incur arising out of or related to MY participation in the Program, and (iii) assume full responsibility for any bodily injury, death or property damage arising out of or related to MY participation in the Program.
4. Covenant Not to Sue. I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while on or using the Premises or while participating in the D1 Program.
5. Indemnification.I HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY AND THE RELEASED PARTIES FROM AND AGAINST ANY THIRD-PARTY LOSSES, DAMAGES, ACTIONS, SUITS, CLAIMS, JUDGMENTS, SETTLEMENTS, AWARDS, INTEREST, PENALTIES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) AND COSTS OF ANY KIND FOR ANY PERSONAL INJURY, LOSS OF LIFE OR DAMAGE TO PROPERTY SUSTAINED BY REASON OF OR ARISING OUT OF MY USE OF THE PREMISES OR PARTICIPATION IN ANY ACTIVITIES ON THE PREMISES.
6. Medical Treatment Release. I hereby authorize the Company to secure, and I consent to, any medical treatment that may be given to me should the Company determine, in its sole discretion, that I need medical care, as a result of my being on the Premises or from participating in the D1 Program. I accept full responsibility for all costs related to my medical treatment, including any transport costs, and I release all parties involved from any type of liability for anything that may happen during my treatment or transport.
7. Responsibility for Personal Property. I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the Premises or that I use during the D1 Program, and that the Company will not be responsible for or provide any security for my property and personal belongings.
8. No Representations by Company. I acknowledge that Company makes no representation as to the condition of the Premises or the safety of the D1 Program or any equipment either on the Premises or used in the D1 Program. I accept and shall use the Premises, and its equipment, in its "AS IS" condition. I acknowledge and agree that I am not relying upon any representation or statement by the Company or the Company's employees, agents, sponsors, or representatives regarding this agreement or the Premises or D1 Program, except to the extent such representations are expressly set forth in this agreement.
9. SOCIAL MEDIA RELEASE. I HEREBY AUTHORIZE D1 AND AFFILIATE, D1 SPORTS HOLDINGS, LLC (COLLECTIVELY REFERRED TO IN THIS PARAGRAPH AS “D1”) TO RECORD MY NAME, LIKENESS, IMAGE, VOICE AND PARTICIPATION IN FILM, TAPE OR OTHERWISE FOR USE IN ALL D1 RELATED INITIATIVES. I AGREE THAT ALL PHOTO, VIDEO AND OTHER PRODUCTION RELATED MATERIALS MAY BE EDITED AND OTHERWISE ALTERED AT THE SOLE DISCRETION OF D1 AND USED IN WHOLE OR IN PART AT THE SOLE DISCRETION OF D1, WHETHER IT BE FOR PUBLIC OR PRIVATE USE. I FURTHER AGREE AND UNDERSTAND THAT I HAVE NO RIGHTS TO ANY PRODUCTION RELATED TO D1 OR ANY BENEFITS DERIVED THEREFROM, THEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASING AND WAIVING ALL RIGHTS, LEGAL AND MORAL, SO THAT D1 MAY FULLY EXPLOIT MY NAME, LIKENESS, IMAGE, VOICE AND PARTICIPATION IN FILM, TAPE, SOCIAL MEDIA OR OTHERWISE. D1 AGREES TO COMPLY WITH APPLICABLE PRIVACY LAWS.
10. Governing Law and Venue. This Release and Waiver of Liability agreement will be governed by and interpreted in accordance with the laws of the State of Texas, without giving effect to the principles of conflicts of law of such state.
11. Arbitration. NOTWITHSTANDING MY AGREEMENT NOT TO SUE D1 AND THE RELEASEES AND WITHOUT WAIVING THEIR RIGHTS UNDER THE FOREGOING PARAGRAPHS, I AGREE THAT IN THE EVENT OF ANY LEGAL ACTION, ALL SUCH LEGAL PROCEEDINGS OF ANY KIND, INCLUDING THOSE RELATED TO THE ENFORCEABILITY OF THIS WAIVER, SHALL BE ARBITRATED PURSUANT TO THE FEDERAL ARBITRATION ACT, AND SUCH ARBITRATION SHALL BE THE EXCLUSIVE, FINAL, AND BINDING REMEDY. THE PARTIES AGREE THAT THE ARBITRATION SHALL TAKE PLACE IN AUSTIN, TEXAS AND WILL BE THROUGH THE AMERICAN ARBITRATION ASSOCIATION, APPLYING THE INTERNAL LAWS OF THE STATE OF TEXAS (WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PRINCIPLES). JUDGMENT UPON ANY AWARD REACHED BY THE ARBITRATORS MAY BE ENTERED IN ANY FEDERAL OR STATE COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL TAKE PLACE BEFORE A SINGLE ARBITRATOR JOINTLY SELECTED (OR APPOINTED BY THE AAA IF THE PARTIES ARE UNABLE TO AGREE UPON AN ARBITRATOR WITHIN TEN DAYS). THE NON-PREVAILING PARTY SHALL BE RESPONSIBLE FOR PAYMENT OF THE FULL COSTS OF THE ARBITRATOR AND REASONABLE EXPENSES OF THE PREVAILING PARTY INCLUDING ATTORNEY FEES AND EXPERT WITNESS FEES. THE AWARD RENDERED BY THE ARBITRATION SHALL BE ENTERED IN ANY COURT HAVING JURISDICTION.
12. Waiver. No waiver of any term or right in this Release and Waiver of Liability agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. The failure of any party to enforce any provision of this agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this agreement thereafter.
13. Survival. Any provision of this Release and Waiver of Liability agreement providing for performance by either party after termination of this agreement shall survive such termination and shall continue to be effective and enforceable.
14. Compliance with Laws. In the performance of the terms of this Release and Waiver of Liability agreement and use of the Premises, the parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
15. Severability.If any provision or portion of this Release and Waiver of Liability agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
16. Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this agreement shall be valid unless in writing and signed by authorized representatives of the parties. This agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties.
I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM GIVING UP SIGNIFICANT LEGAL RIGHTS ON MINE, INCLUDING THE RIGHT TO SUE THE COMPANY. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND.
AGREED AND ACCEPTED:
Participant’s Signature _____________________________________ Date _______________
Parent or Guardian Signature (if under age 18) _______________________________________


Drop In - Rookie

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