Bumpy Pickle General Waiver

You acknowledge that using the facilities at Bumpy Pickle (“Club”) involves the risk of injury to you (each member) and to your guests, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, including death. In consideration of your participation in activities offered by the Club, you understand and voluntarily accept this risk of injury and agree that the Club, its officers, directors, employees, volunteers, agents and independent contractors will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, any loss or theft of any personal property, any economic loss or any damage to you, your spouse, your minor children and any unborn child, your guests or relatives resulting from the active or passive negligence of the Club or anyone on the Club’s behalf or anyone using the Club’s facilities whether related to exercise or not. Your assumption of risk includes, without limitation, your use of any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, stairs, running hill, sand area, turf area, pickleball courts, restaurant, manager station, bar, stage, lobby area, or any equipment in the Club facility. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any amenities, equipment or facilities which may malfunction or break, (b) the Club’s improper maintenance of any exercise equipment or facilities, (c) the Club’s negligent instruction or supervision, including personal training. (d) the Club’s inadequate security or staffing; and (e) you slipping and falling while on the facility or any portion of the premises for any reason, including the Club’s negligent inspection or maintenance of its facility. By execution of this agreement, you hereby agree to indemnify and hold harmless the Club and our affiliates, employees, agents, representatives, successors, and assigns from any loss, liability, damage, or cost you may incur due to your presence at the Club. You further expressly agree that the foregoing release, waiver, and indemnity agreement is in- tended to be as broad and inclusive as permitted by the law in the State of Texas and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, YOU ARE AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST BUMPY PICKLE CLUB FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PREMISES. YOU HAVE READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.