Flannagans-Dublin Inc. and DLS Dublin LLC (collectively, “Flannagans,” “we,” “our,” or “us,”) and the undersigned client (referred to herein as the “client,” “your,” or “your”) agree to the following Terms of Service, which is a binding agreement and also referred to as the “Agreement”), regarding client’s use of any and all facilities owned, leased or operated by Flannagans, including the Fieldhouse (collectively, the “Facilities”).

ASSUMPTION OF THE RISK, WAIVER, AND INDEMNIFICATION

USING THE FACILITIES OWNED BY FLANNAGANS-DUBLIN INC. INVOLVES THE RISK TO YOU, 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, SUCH AS CATASTROPHIC INJURIES INCLUDING DEATH, INJURY FROM SLIPPING AND FALLING, EXCESS FATIGUE OR STRESS, MUSCLE STRAIN, OR ANY OTHER UNFORESEEN CAUSE. IN CONSIDERATION OF YOUR PARTICIPATION IN THE ACTIVITIES OFFERED BY FLANNAGANS, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THIS RISK AND RELEASE FLANNAGANS, AND EACH OF ITS RESPECTIVE AFFILIATES, AND EACH OF THE LANDLORDS, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, COACHES, REFEREEES, VOLUNTEERS, AND INSTRUCTORS (“RELEASEES”) FROM ANY AND ALL LIABILITY FROM ANY INJURY, INCLUDING LIMITATION, PERSONAL, BODILY, OR MENTAL INJURY, ECONOMIC LOSS, OR ANY DAMAGE TO YOUR, YOUR SPOUSE/PARTNER, GUESTS, UNBORN CHILD, OR RELATIVES, RESULTING FROM YOUR USE OF FLANNAGANS’ FACILITIES, INCLUDING ANY INJURY RELATING TO THE ORDINARY OR GROSS NEGLIGENCE, ACTUAL OR PASSIVE, OF THE RELEASEES OR ANYONE ACTING ON RELEASEES’ BEHALF OR ANYONE USING FLANNAGANS’ FACILITIES WHETHER RELATED TO EXERCISE OR NOT. IN CONSIDERATION OF YOUR BEING ABLE TO PARTICIPATE IN ACTIVITIES AT FLANNAGANS, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE RELEASEES HARMLESS AGAINST ANY LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS’ FEES AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE CAUSED BY YOUR NEGLIGENCE OR OTHER ACTS OR OMISSIONS. YOU FURTHER AGREE TO HOLD HARMLESS, DEFEND, AND INDEMNIFY THE RELEASEES FROM ALL LIABILITY, DAMAGES, DEFENSE COSTS, INCLUDING ATTORNEYS’ FESS, AND ANY OTHER COSTS INCURRED IN CONNECTION WITH CLAIMS FOR BODILY INJURY, WRONGFUL DEATH OR PROPERTY DAMAGE BROUGHT BY YOU, YOUR GUESTS, OR MINORS, EVEN IF THE RELEASEES WERE NEGLIGENT. FURTHER, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES DO NOT MANUFACTURE FITNESS OR OTHER EQUIPMENT, BUT PURCHASE AND/OR LEASE EQUIPMENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE RELEASEES AND FLANNAGANS ARE PROVIDING RECREATIONAL SERVICES AND MAY NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS OR EQUIPMENT, INCLUDING INJURY FROM ANY STRUCTURE WITHIN FLANNAGANS’ PREMISES OR ENCLOSING IT SUCH AS FENCING OR OTHER CONTAINMENT STRUCTURES OR BARRIERS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE FOREGOING AND KNOW OF THE NATURE OF THE ACTIVITIES OF FLANNAGANS.


MEDICAL CONDITIONS; USE OF FLANNAGANS’ FACILITIES; OTHER PROVISIONS

You acknowledge that Flannagans has neither made claims as to medical results nor suggested medical treatment to you. You acknowledge that Flannagans recommended that you consult a physician prior to beginning exercise at the Facilities. You understand that it is your responsibility to inform Flannagans of any pain experienced before, during or after participating in any exercise at the Facilities, as the need by necessitate, may be immediately terminated.

MEDICAL CONDITIONS. YOU UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO CONSULT WITH A PHYSICIAN PRIOR TO AND REGARDING PARTICIPATION IN VOLLYBALL/FITNESS ACTIVITY TRAINING OR COMPETATIVE SPORTS. BEFORE USING FLANNAGANS’ SERVICES OR FACILITES, YOU REPRESENT THAT YOU ARE IN GOOD HEALTH AND HAVE NO DISABILITY, IMPAIMENT, INJURY, DISEASE, OR AILMENT, PREVENTING YOU FROM ENGAGING IN ACTIVE OR PASSIVE EXERCISE OR WHICH COULD INCREASED RISK OF INJURY OR ADVERSE HEALTH CONSEQUENCES AS A RESULT OF EXERCISE, OR COMPETATIVE SPORTS.

YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE FLANNAGANS FACILITIES, INCUDING ENCLOSURE BARRIERS SUCH AS FENCING, AN SHALL INDEMNIFY FLANNAGANS, ITS AFFILATES, AGENTS, EMPLOYEES, CONTRACTORS, REFEREES, COACHES, AND INSTRUCTORS, AGAINST ANY AND ALL DAMAGES ARISING OUT OF YOUR USE OF THE FLANNAGANS FACILIES.

RULES, REGULATIONS, AND SCHEDULES. All Flannagans clients and their guest must abide by the rules, regulations and schedules of Flannagans, which may be posted at the Facilities or issued orally, and which may be amended from time to time at Flannagans’ sole discretion. In Flannagans’ sole discretion, your access and ability to use the Facilities may be revoked or suspended any time if you fail to observe the rules and regulations or have otherwise behaved in a manner contrary to the best interests of Flannagans or any Flannagans’ members or employees.

IMAGE USE

You understand that while on Flannagans’ Facilities, your image, including live or recorded video images, may be used or shown on Flannagans’ social media outlets, such as Facebook, Instagram, Reels, X, YouTube, etc. and that by entering the Facilities, you consent to the use of these images.

DISPUTE RESOLUTION

Other than a claim for personal injury, or a claim brought in small claims court, you agree that any dispute with Flannagans, including its landlords, owners, officers, directors, employees, instructions, contractors, and agents, will be resolved, first, through informal discussions with Flannagans; then, if unsuccessful, by non-binding mediation. If a mediator cannot resolve the dispute, then you agree to waive your right to a jury trial and consent to binding arbitration before a single arbitrator under the then current commercial dispute rules of the American Arbitration Association (“AAA”) in Columbus, Ohio. You and Flannagans further agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in a purported class, collective, or representative proceeding. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account if Flannagans is party to that proceeding. If you do not wish to be bound by this dispute resolution provision, you may opt out by sending a written notice to Flannagans at 6835 Caine Road, Columbus, Ohio 43235 within 90 days after the day you sign this Agreement. Mediation costs must be split equally. Each party will pay their own arbitration costs, but the arbitrator may determine the prevailing party is entitled to their reasonable attorney’s fees and cost and award same.

GOVERNING LAW

These Terms of Service shall be interpreted under the laws of the State of Ohio and any lawsuit brought exclusively in the state and federal courts governing Columbus, Ohio regardless of any conflicts of laws (the “Chosen Courts”). Flannagans and you irrevocable submit to the exclusive jurisdiction of the Chosen Courts and waive the defense of inconvenient forum to the maintenance of any such action or proceeding in such venue.

LIMITED LIABILITY

Unless control legal authority requires otherwise, any award by a court or arbitrator is limited to actual compensatory damages. Neither a court nor arbitrator can award either party any indirect, special, incident, or consequential damages, even if one party told the other that they might suffer these damages.

ENTIRE AGREEMENT

Verbal agreements with a Flannagans employee or agent will not be accepted as valid. Only this Agreement, and all rules and regulations of Flannagans, as revised from time to time, constitute the entire and exclusive agreement between you and Flannagans, and supersede all prior written and/or oral promises, representations, understandings and/or agreements relating to your use of the Facilities and participation in events hosted at Flannagans.

I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.