1. Electronic Transactional Communications Terms

You agree and consent to receive electronically Vistara Sports initiated transactional communications, agreements, statements, notices, and disclosures. Electronic Transactional Communications include but are not limited to agreements and policies you agree to (e.g., the renewal dues terms, membership terms and conditions, annual fee terms, Terms of Use, Accessibility Policy, and Privacy Policy), including updates to or related to these documents (e.g., increases to your Membership Dues or material changes to agreements). When you have opted into receiving such Electronic Transactional Communications, we may provide these Electronic Transactional Communications to you by posting them on Vistara Sports website (https://vistarasports.com/) or by emailing you at the primary email address listed in your Vistara Sports membership or guest Pass account.

2. Receipt of Electronic Transactional Communications Terms

Electronic Transactional Communications will be deemed received by you when such Electronic Transactional Communication is posted on Vistara Sports website or sent to you. You agree that if Vistara Sports sends you an Electronic Transactional Communication, but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive Electronic Transactional Communications, Vistara Sports will be deemed to have provided the Electronic Transactional Communication to you.

3. waiver and facility usage terms and conditions

IN CONSIDERATION of being permitted to utilize the exercise/sports flooring/fitness equipment (the `Equipment`) provided by Vistara Sports at 400 W Vista Ridge Mall Dr, Lewisville, 75067 (the `Facilities`, which shall also include, without limitation, any other areas where I exercise or train with any of Vistara Sports personnel), and to participate in various exercise and fitness activities at the Facilities, I hereby expressly, irrevocably and unconditionally acknowledge and agree (on behalf of myself and my representatives, beneficiaries and heirs) to the following provisions contained in this Indemnification and Release of Liability (the `Release`):

1. I agree to expressly RELEASE, INDEMNIFY AND HOLD HARMLESS Vistara Sports (which shall include, without limitation, any owner officer, employee, representative, agent, contractor and/or any other affiliate of Vistara Sports) from and against any and all claims, demands, actions, liabilities, costs, expenses, and/or damages asserted against, imposed upon or incurred by Vistara Sports on account of death or injury to any person (including, without limitation, my own person), or damage to or theft of any property (including, without limitation, my own property) arising from or in connection with, or as a result of my use of the Equipment, my participation in any exercise or fitness activities at the Facilities or any related activities, or my presence at, on or around the Facilities. I expressly acknowledge and agree that Vistara Sports shall not be held responsible in any manner for any property lost, stolen or damaged while at, on or around the Premises or otherwise. I further agree to pay Vistara Sports court costs, reasonable attorneys` fees incurred and all other associated costs arising out of or in connection with such claims, demands, actions, liabilities, costs, expenses, and/or damages including, without limitation, all costs incurred in establishing the enforceability of this Release. I expressly, irrevocably, and unconditionally agree that the terms and provisions of this Release shall apply WITHOUT REGARD TO WHETHER THE CLAIM, DEMAND, ACTIONS, LIABILITY, COST, EXPENSE, AND/OR DAMAGE IS BASED ON THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF MYSELF OR ANY OTHER PARTY OR WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR ANY OTHER TORT. I HEREBY EXPRESSLY, IRREVOCABLY AND UNCONDITIONALLY ACKNOWLEDGE AND AGREE THAT THIS SECTION SHALL SURVIVE THE TERMINATION THIS RELEASE, THE TERMINATION OF MY USE AT Vistara Sports OR OTHERWISE.
2. I am aware that there are inherent and other risks (including potential serious injury of any nature, permanent disability, and death) involved in my use of the Equipment and my participation in the exercise, recreation, and fitness activities. I expressly acknowledge that Vistara Sports does not provide any supervision, instruction or assistance relating to the use of the Equipment or the exercise and fitness activities. I therefore knowingly, freely, expressly, irrevocably and unconditionally agree to assume all such risks, whether known or unknown, EVEN IF ARISING FROM THE NEGLIGENCE OR INTENTIONAL MISCONDUCT of Vistara Sports (which shall include, without limitation, any owner officer, employee, representative, agent, contractor and/or any other affiliate of Vistara Sports) and assume full responsibility for my use of the Equipment, my participation in any exercise and fitness activities and/or any activity incident thereto.
3. I expressly agree to comply with all rules and regulations imposed by Vistara Sports regarding the use of the Facilities and the Equipment. I agree to always conduct myself in a controlled and reasonable manner and to refrain from using the Equipment or Facility space in a manner that is inconsistent with its intended design and purpose. In the event that any damage to equipment or facilities occurs as a result of my or my family’s or my agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.
4. I understand that this Release shall be governed by the laws of the State of Texas, without giving effect to the conflicts of law principles of any state. I hereby irrevocably consent to be subject to the personal jurisdiction of any United States, state, or local court sitting in Denton County, Lewisville, Texas in connection with any action to determine any dispute arising under this Release or to enforce the provisions hereof.
5. I understand that whenever possible, each provision of this Release shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision (or any section of any provision) of this Release is held to be prohibited by or invalid under applicable law, such provision (or any section of any provision) shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Release.

I HAVE READ THIS INDEMNIFICATION AND RELEASE OF LIABILITY, AND I FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS RELEASE AND ACKNOWLEDGE THAT I HAVE SIGNED IT FREELY AND VOLUNTARILY.