Austin

Our 1-hour strength classes focus on building overall foundational strength and resilience through weightlifting, with targeted upper- and lower-body days. Expect to see the barbell more in your movements, along with exercises designed to help you move better and stay injury-free.&#x20;



Method39 classes at Padel39.

NOTICE: THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR LEGAL RIGHTS. READ CAREFULLY BEFORE SIGNING. BY SIGNING THIS DOCUMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR INJURIES CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.

 

This METHOD39 WAIVER (the “Waiver”) is made and entered into as of today (the “Effective Date”), by and between you, an individual under the laws of Texas, and Padel39, LLC, a limited liability company organized and existing under the laws of Texas, dba METHOD39 (hereinafter collectively referred to as “METHOD39”).

 

1. ASSUMPTION OF RISK
I, the undersigned participant, acknowledge and understand that participation in high-intensity fitness training, conditioning programs, and related activities offered by METHOD39 involves inherent and significant risks of personal injury, property damage, and even death. These risks include, but are not limited to:

 

A. General Fitness Activity Risks:
Muscle strains, sprains, tears, and other soft tissue injuries
Bone fractures and joint dislocations
Cardiovascular stress, heart attack, stroke, or other cardiac events
Dehydration, heat exhaustion, and heat stroke
Respiratory distress and breathing difficulties
Dizziness, fainting, and loss of consciousness
Cuts, bruises, and abrasions.
B. High-Intensity Training Specific Risks:
Extreme physical exertion leading to muscle breakdown (rhabdomyolysis)
Severe cardiovascular stress from intense interval training
Overexertion injuries from competitive training environments
Rapid fatigue leading to compromised form and increased injury risk
Metabolic stress and electrolyte imbalances.
C. Equipment-Specific Risks:
Injuries from weights, including plates, kettlebells, and bars, such as crushing injuries, impact injuries, and strain injuries from improper lifting
Injuries from cardio machines, including rowers and skiergs, such as repetitive stress injuries, falls, and mechanical malfunctions
Injuries from functional training tools, including dog sleds, sandbags, medicine balls, and similar equipment, such as impact injuries, strain injuries, and equipment failure.
D. Facility Premises Risks:
Slips, trips, and falls on wet or uneven surfaces
Collisions with other participants, equipment, or facility structures
Injuries from defective or malfunctioning equipment
Inadequate lighting, ventilation, or temperature control
Fire, natural disasters, or other emergency situations.
I voluntarily assume all such risks and dangers, whether known or unknown, foreseen or unforeseen, and whether or not described above. I understand that no amount of care, caution, instruction, or expertise can eliminate all risks associated with these activities.

 

2. EXPRESS NEGLIGENCE RELEASE
In consideration for being permitted to participate in METHOD39’s programs and use its facilities, i hereby release, waive, discharge, and covenant not to sue METHOD39, its owners, members, managers, officers, employees, agents, contractors, instructors, trainers, and representatives (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or my property while participating in such activities or while on the premises owned or controlled by METHOD39.

 

This release specifically includes claims arising from the ordinary negligence of the Released Parties, whether such negligence consists of acts of commission or omission. However, this release does not extend to claims arising from gross negligence, willful misconduct, or intentional acts of the Released Parties.

 

The scope of this release covers all activities, services, and programs offered by METHOD39, including but not limited to:

All fitness training and conditioning programs
Personal training sessions and group classes
Use of all equipment and facilities
Nutritional counseling and wellness programs
Any future activities or services that may be added to METHOD39’s offerings
All activities occurring on METHOD39’s premises or at off-site locations.
I understand that METHOD39 carries general liability insurance with policy limits of One Million Dollars ($1,000,000), but that such insurance may not cover all types of claims or may be insufficient to cover the full extent of any damages.

 

3. INDEMNIFICATION
I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, causes of action, damages, judgments, costs, and expenses, including reasonable attorney’s fees and court costs, that arise out of or result from:

My breach of this Agreement or any misrepresentation made herein
My violation of any law, regulation, or rule while participating in METHOD39’s programs
My negligent or intentional acts or omissions that cause injury to other participants or damage to property
Any claim brought by my heirs, estate, family members, or personal representatives related to my participation in METHOD39’s programs.
This indemnification obligation shall survive the termination of this Agreement and shall apply regardless of whether the underlying claim is ultimately determined to be valid or invalid.

 

4. THIRD-PARTY RELEASE
I hereby release and discharge the following third parties from any and all liability related to my participation in METHOD39’s programs:

All other participants in METHOD39’s programs and activities
Independent contractors providing services at METHOD39’s facilities
Equipment manufacturers, distributors, and suppliers
Property owners, lessors, and managers of premises used by METHOD39
Affiliated businesses, partners, and sponsors of METHOD39
Emergency medical personnel who may provide treatment
Any other persons or entities involved in the operation or provision of METHOD39’s services.
This third-party release applies to claims arising from the ordinary negligence of such parties but does not extend to gross negligence, willful misconduct, or intentional acts.

 

5. MEDICAL ACKNOWLEDGMENTS
A. Physical Capability Representation:
I represent and warrant that I am in good physical condition and have no medical conditions, impairments, or disabilities that would prevent my safe participation in high-intensity fitness activities. I acknowledge that I am solely responsible for determining my physical capabilities and limitations.

 

B. Medical Condition Disclosure:
I acknowledge that I have disclosed all relevant medical conditions, injuries, medications, and physical limitations to METHOD39. I understand that failure to disclose such information may increase my risk of injury and may void this waiver.

 

C. High-Risk Medical Conditions:
I understand that the following medical conditions may create elevated risks during high-intensity exercise and require physician clearance before participation:

High cholesterol levels
High blood pressure (hypertension)
Heart conditions, including but not limited to coronary artery disease, arrhythmias, heart murmurs, and previous heart attacks
Diabetes and blood sugar disorders
Respiratory conditions, including asthma
Previous injuries or surgeries affecting mobility or cardiovascular function.
D. Physician Clearance:
If I have any of the above conditions or any other medical condition that may affect my ability to participate safely, I represent that I have obtained clearance from a qualified physician before participating in METHOD39’s programs.

 

E. Medical Emergency Authorization:
I authorize METHOD39 and its representatives to obtain emergency medical treatment for me if necessary, and I agree to be financially responsible for any costs associated with such treatment.

 

6. PHOTOGRAPHY AND SOCIAL MEDIA RELEASE
I hereby grant to METHOD39 the irrevocable right and permission to photograph, film, record, and otherwise capture my image, likeness, voice, and performance during my participation in METHOD39’s programs and activities.

I further grant METHOD39 the perpetual, worldwide, royalty-free right to use, reproduce, distribute, display, and create derivative works from such images and recordings for any lawful purpose, including but not limited to:

Marketing and promotional materials
Social media content and advertising
Website and digital platform content
Educational and training materials
News and media coverage.
I waive any right to inspect or approve the finished product or any written copy that may be used in connection therewith, and I waive any right to royalties or other compensation arising from the use of such materials.

I acknowledge and agree to the photography and social media release provisions above.

 

7. COMMUNICABLE DISEASES
Participation in METHOD39 activities involves inherent risks, including exposure to communicable illnesses such as COVID-19, influenza, and other viruses. By entering the facility, you voluntarily assume all such risks.

 

8. DISPUTE RESOLUTION
A. Mandatory Arbitration:
Any dispute, claim, or controversy arising out of or relating to this Agreement or my participation in METHOD39’s programs shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

 

B. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.

 

C. Venue:
Any court proceedings necessary to enforce an arbitration award or to address matters not subject to arbitration shall be brought exclusively in the state or federal courts located in Austin, Travis County, Texas.

 

D. Limitation of Damages:
In no event shall the Released Parties be liable for any indirect, incidental, special, consequential, or punitive damages, regardless of the theory of liability.

 

9. GENERAL PROVISIONS
A. Severability:
If any provision of this Agreement, or any portion thereof, is held to be invalid, illegal, void, or unenforceable by any court or tribunal of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect to the maximum extent permitted by law. The parties agree that any such invalid, illegal, void, or unenforceable provision shall be modified and limited in its effect to the extent necessary to cause it to be enforceable, or if such modification is not possible, shall be deemed severed from this Agreement.

 

B. Duration and Renewal:
This Agreement shall remain in effect perpetually from the date of execution until either I provide written notice of cancellation to METHOD39 or METHOD39 terminates my participation in its programs. This Agreement covers all future participation in METHOD39’s programs and activities unless specifically revoked in writing.

 

C. Modification:
This Agreement may only be modified by a written document signed by both parties. No oral modifications or amendments shall be valid or enforceable.

 

D. Integration:
This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements relating to the subject matter hereof, whether written or oral.

 

E. Binding Effect:
This Agreement shall be binding upon my heirs, executors, administrators, estate, and assigns.

 

10. ACKNOWLEDGMENT AND SIGNATURE
I acknowledge that I have read this entire agreement, understand its contents, and agree to be bound by its terms. I understand that this is a legal document that affects my legal rights and that I am giving up the right to sue for injuries caused by the ordinary negligence of the Released Parties.

 

I acknowledge that I have had the opportunity to ask questions about this Agreement and to seek legal counsel if desired. I am signing this Agreement voluntarily and of my own free will.

METHOD39 will retain a copy of this signed Agreement for a minimum of seven (7) years from the date of execution or as otherwise required by law.


Strength

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