Name: NEVER SURRENDER RUN CLUB
Start: 2026-10-09T00:00:00.000Z
End: 2026-10-09T02:00:00.000Z
Location: 23157 Morton Ranch Road, Katy, TX

Katy

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OPEN GYM ASSUMPTION OF RISK, RELEASE OF LIABILITY, COVENANT NOT TO SUE, AND INDEMNIFICATION AGREEMENT

THIS IS A LEGALLY BINDING AGREEMENT. BY SIGNING THIS DOCUMENT, THE UNDERSIGNED ACKNOWLEDGES THAT THEY ARE WAIVING IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE.

This Agreement is entered into voluntarily by the undersigned individual (“Participant”) in favor of Invincible Enterprises, LLC, Unstoppable DG, LLC, and INVNCIBLE Katy, together with all of their respective owners, members, managers, officers, directors, employees, instructors, trainers, independent contractors, agents, volunteers, successors, assigns, and affiliated or related entities, whether past, present, or future (collectively, the “Released Parties”).

Participant acknowledges and agrees that they are being granted temporary access to the INVNCIBLE Katy facility for purposes of an open gym, day pass, guest visit, or similar non-membership access. Participant understands that “open gym” means the facility may be partially supervised, minimally supervised, or entirely unsupervised, and that staff may not be providing instruction, monitoring, spotting, guidance, or safety oversight. Participant further understands that they are solely responsible for their actions, decisions, equipment selection, weight selection, exercise execution, and conduct while on the premises.

Participant acknowledges that entry into and use of the INVNCIBLE Katy facility involves inherent, significant, and unavoidable risks. Participant understands that the facility includes free weights, barbells, dumbbells, racks, machines, cardio equipment, functional training areas, open floor space, group fitness areas, Pilates or other classes occurring simultaneously, locker rooms, restrooms, hallways, walkways, entrances, exits, parking areas, and other common areas, and that injury may occur anywhere on the premises, whether related to exercise or not.

Participant understands that open gym use carries heightened risk due to the presence of other participants, varying skill levels, shared equipment, moving weights, dropped weights, equipment misuse, congestion, distractions, and lack of direct supervision. Participant acknowledges that injuries may result from their own actions or inactions, the actions or inactions of others, equipment conditions, facility conditions, or circumstances beyond the control of the Released Parties.

Participant knowingly, voluntarily, and expressly assumes all risks associated with open gym participation and facility use, whether known or unknown, foreseeable or unforeseeable, inherent or incidental. Participant understands that such risks include, but are not limited to, muscle strains or tears, ligament or tendon injuries, joint injuries, back, neck, spinal, or disc injuries, herniation or aggravation of pre-existing conditions, nerve damage, spinal cord injury, loss of balance, slips, trips, falls, collisions, being struck by equipment or weights, overexertion, dehydration, cardiac events, equipment malfunction or misuse, permanent disability, paralysis, or death. Participant understands and agrees that serious injury or death may occur even if the Released Parties act carefully, responsibly, or in accordance with accepted practices.

Participant acknowledges that INVNCIBLE Katy is not a medical facility and that no medical screening, diagnosis, supervision, monitoring, or emergency response guarantee is provided. Participant represents that they are physically capable of participating in physical activity, that they have consulted a physician if necessary, and that they assume full responsibility for knowing their physical limitations and for discontinuing any activity if pain, dizziness, discomfort, or distress occurs.

In consideration for being permitted to enter and use the INVNCIBLE Katy facility during an open gym or day pass period, Participant hereby irrevocably releases, waives, discharges, and forever holds harmless the Released Parties from any and all claims, demands, causes of action, liabilities, damages, losses, costs, or expenses of any kind whatsoever, whether known or unknown, suspected or unsuspected, arising out of or related in any way to Participant’s entry into, presence at, or use of the facility, including, without limitation, claims based on the ordinary negligence of the Released Parties, to the fullest extent permitted by the laws of the State of Texas.

Participant further agrees that they will not initiate, file, join, or participate in any lawsuit, claim, arbitration, or legal proceeding against any of the Released Parties for any injury, illness, damage, loss, permanent disability, or death arising out of or related to open gym participation or facility use. Participant understands that this covenant not to sue is a material condition of being granted access. In the event Participant breaches this covenant, Participant agrees to reimburse and indemnify the Released Parties for all attorneys’ fees, court costs, and expenses incurred in defending such action.

Participant agrees to fully defend, indemnify, and hold harmless the Released Parties from and against any claims, demands, damages, losses, liabilities, or expenses, including attorneys’ fees, brought by Participant or by any spouse, family member, child, heir, estate, or third party arising out of or related to Participant’s presence at or use of the facility, including claims alleging injury, illness, permanent disability, or death.

Participant acknowledges that no representations, guarantees, or assurances have been made regarding safety, supervision, injury prevention, or fitness results, and that Participant does not rely on any statement or representation other than those expressly set forth in this Agreement.

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Exclusive venue for any dispute relating to this Agreement shall lie in Harris County or Fort Bend County, Texas. If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect. This Agreement shall survive the expiration of the open gym or day pass period, termination of access, injury, disability, or death of the Participant.

By signing below, Participant acknowledges that they have read this Agreement in its entirety, understand its contents, understand that they are giving up substantial legal rights including the right to sue for negligence, and voluntarily agree to be bound by its terms.

NEVER SURRENDER RUN CLUB

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