Guest Pass

F.I.F.T.H. QUARTER PERFORMANCE, LLC

NOTICE TO PARTICIPANT: By signing this agreement, you are giving up certain legal rights, including the right to sue. Please read carefully and do not sign unless you understand and agree to the terms.

This Agreement is entered into by and between F.I.F.T.H. Quarter Performance, LLC, a Texas limited liability company ("FQP"), and the undersigned individual ("Participant"), in connection with the use of FQP’s facilities located at 2109 W Frank Ave, Lufkin, Texas, and participation in any of its programs, services, or activities.

1. ASSUMPTION OF RISK
   I, {name}, acknowledge and fully understand that participation in fitness training, use of gym equipment, athletic activities, basketball, sport camps, sport leagues, and related services offered by FQP involve inherent risks. These include, but are not limited to, serious bodily injury, illness, permanent disability, and even death. These risks may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of FQP, its owners, employees, agents, contractors, other participants, and unforeseen conditions of the premises or equipment.

I voluntarily assume all such risks, known and unknown, including any risks arising from the use of exercise equipment, participation in classes or sports activities, or presence on FQP premises, regardless of fault or negligence.

2. WAIVER AND RELEASE OF LIABILITY
   To the fullest extent permitted under Texas law, I hereby irrevocably release, waive, discharge, and covenant not to sue F.I.F.T.H. Quarter Performance, LLC, its officers, members, managers, employees, agents, representatives, successors, and assigns (collectively, “Released Parties”) from any and all present and future claims, demands, actions, causes of action, damages, losses, or liabilities arising out of or relating to any personal injury (including death), illness, property damage, or other loss sustained by me, my spouse, or my minor child(ren) (if applicable), whether caused by the negligence of the Released Parties or otherwise, in connection with participation in any FQP program or use of the facilities.

3. MEDICAL ACKNOWLEDGEMENT
   I certify that I, and/or my minor child(ren) (if applicable), am/are physically fit and have no known medical condition or disability that would prevent or restrict safe participation in any activity offered by FQP. I have accurately disclosed all relevant medical information to FQP. I understand and acknowledge that FQP is not a medical provider and has no duty or ability to diagnose, prevent, or treat any medical condition, injury, or illness.

4. PROPERTY AND ILLNESS WAIVER
   I understand that FQP is not responsible for any loss, theft, or damage to my personal property while I am on the premises. I also understand that participation includes the risk of exposure to illnesses, including but not limited to COVID-19, and I assume full responsibility for any illness or aggravation of a medical condition resulting from such exposure.

5. NO GUARANTEE OF RESULTS
   I understand and agree that FQP has made no guarantees regarding outcomes or improvements as a result of my participation in its training programs, camps, or other services.

6. INDEMNIFICATION
   I agree to indemnify and hold harmless the Released Parties from any and all liabilities, damages, costs, and attorney’s fees incurred as a result of any claim brought against them arising out of my participation in any FQP activity or use of its facilities, including claims by third parties.

7. SEVERABILITY AND GOVERNING LAW
   If any provision of this agreement is found to be invalid or unenforceable under applicable law, the remainder shall remain in full force and effect. This agreement shall be governed by and construed in accordance with the laws of the State of Texas, and any legal action must be filed in a court of competent jurisdiction in Angelina County, Texas.

8. MEDIA CONSENT
   I agree and grant F.I.F.T.H. Quarter Performance, LLC permission to use photographs, video recordings, and audio recordings of me and/or my child for marketing, promotional, or commercial purposes in any media format, without compensation.

I acknowledge that I have read, fully understand, and voluntarily accept all terms of this Waiver and Release of Liability. I understand that by signing this document, I am waiving my right to bring any legal action against F.I.F.T.H. Quarter Performance, LLC and its affiliates as stated above.

Children Policy 

No children are allowed on the premises unless explicitly permitted under the exceptions listed below. This policy helps ensure a safe and productive environment for all members.

Age Restriction (Updated):

• Persons using our fitness membership must be at least 18 years of age to hold a fitness membership.

• Persons under 14 years of age are not permitted on the premises unless actively participating in an approved FQP youth program.

• Persons aged 14–17 may only use the gym during staffed hours and must be accompanied at all times by a parent or legal guardian.

• No individuals under the age of 18 are permitted to access or remain on the premises after staffed hours, regardless of consent.

Violation of these policies may result in immediate removal from the premises and/or termination of membership. FQP staff reserves the right to verify the age of any individual at any time.

Liability and Supervision

FQP does not provide childcare and shall not be held liable under any circumstances for the supervision or safety of minors. Parents and guardians are fully responsible for the conduct, behavior, and safety of minors they bring into the facility in compliance with the exceptions outlined.

Exceptions

Exceptions to this policy may be granted for:

• Supervised and structured youth events officially organized by FQP.

• Athletes who are actively participating in a FQP-approved youth training program.

• Siblings of athletes in training programs, only if under direct supervision of their parent/guardian in the court area.

Compliance and Enforcement

Failure to comply with this policy will result in revocation of membership and may involve notification of local authorities for any unauthorized access or conduct involving minors.

Emergency Procedures and Member Safety

FQP is committed to providing a secure and responsive environment for its members. The following policies have been established to address emergencies and improve facility-wide safety:

Panic Button System

The facility is equipped with panic buttons, clearly marked and placed in accessible locations. In the event of an emergency, members are encouraged to immediately activate a panic button to notify emergency services. Misuse of this system may result in penalties including suspension or revocation of membership.

Medical Crisis Response Plan

FQP maintains an up-to-date Medical Crisis Plan to ensure the prompt and effective response to medical emergencies. This plan outlines:

• Contact protocols for emergency medical services (EMS)

• Location of first-aid kits and AEDs

• Steps to follow in the event of injury, illness, or life-threatening incident

The plan is visibly posted within the facility and is available for review upon request at the front desk.