Terms, Conditions & Liability Waiver

Terms & Conditions

IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR COMPANY. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY CHANGES. Success Stories The advertised results of the success stories on this page and throughout this site are only typical of people who worked really hard and followed the advise I’ve outlined in the prodcuts / programs they purchase from me. Access To This Site YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILD ONLINE PRIVACY ACT (COPA) AND IS NOT MONITORED AS DOING SO. To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice. Restrictions On Use You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without our Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of our Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with our Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. Proprietary Information The material and content (hereinafter referred to as the “Content”) accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates our Company’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site. Hyper-Links This site may be hyper-linked to other sites which are not maintained by, or related to, our Company. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by our Company of that site. Submissions You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations. Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site. Disclaimer You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Company. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied. Our Company disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. Our Company does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Our Company does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and Company may make changes or improvements at any time. You, and not our Company, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. Our COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and Company does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete. Limitation On Liability COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE. Indemnity You will indemnify and hold Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site. Trademarks Trademarks, service marks, and logos appearing in this site are the property of Company or the party that provided the trademarks, service marks, and logos to Company. Company and any party that provided trademarks, service marks, and logos to Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site. Information You Provide You may not post, send, submit, publish, or transmit in connection with this site any material that: you do not have the right to post, including proprietary material of any third party; advocates illegal activity or discusses an intent to commit an illegal act; is vulgar, obscene, pornographic, or indecent; does not pertain directly to this site; threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; infringes any intellectual property or other right of any entity or person, including violating anyoneÂ’s copyrights or trademarks or their rights of publicity; violates any law or may be considered to violate any law; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site; solicits funds, advertisers or sponsors; includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site; includes MP3 format files; amounts to a ‘pyramid’ or similar scheme; disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or contains hyper-links to other sites that contain content that falls within the descriptions set forth above. Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any submission. Security Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [COMPANY] OR LAW ENFORCEMENT AUTHORITIES. Miscellaneous These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and Company arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in San Jose, California. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Company may revise these Terms of Use at any time by updating this posting.

Liability Waiver

THIS ACKNOWLEDGEMENT AND ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT (the “Agreement”) IS LEGALLY BINDING AND WILL AFFECT YOUR LEGAL RIGHTS AND LIMIT OR ELIMINATE YOUR ABILITY TO BRING A LAWSUIT IN THE FUTURE. Please read this Agreement carefully and in full before signing. By signing this Agreement, you are waiving certain rights, including, but not necessarily limited to, the right to bring a court action to recover compensation or obtain any other remedy for, without limitation, any personal injuries, property damage, accidents of any kind, or death arising out of your participation in the Studio Fitness Program, as that term is defined herein below. If you do not fully understand any portion of this Agreement, you should consult with independent legal counsel prior to signing. By signing this Agreement, you understand, acknowledge, and agree that you have had an adequate opportunity to consult with independent legal counsel regarding the effects the provisions of this Agreement will have on your legal rights. 

NOTE ON MINOR CHILDREN: If Voluntary Participant, as that term is defined herein below, is a minor child (a minor child is a person under the age of 18), all acknowledgements, agreements, covenants, representations, waivers, releases, and indemnities made in this Agreement by Voluntary Participant shall be treated, read, and interpreted as if made by the parent(s) and/or legal guardian(s) of the minor child (hereinafter referred to as “Parent”), both on Parent’s own behalf and on behalf of the minor child. Unless the context of the specific word usage indicates a contrary intention, if the participant in the Studio Fitness Program is a minor child, first person references such as “I”, “me”, and “my”, and references to “Voluntary Participant”, shall refer to and mean both the minor child and the Parent. 

I, (hereinafter referred to as “Voluntary Participant”), hereby understand, acknowledge, and agree that Voluntary Participant’s access to and use of the premises and facilities of Studio Fitness & Wellness, LLC and its owners, officers, employees, contractors, volunteers, agents, representatives, successors and assigns, affiliates, parent corporations, and any and all other persons or entities associated therewith or acting in any capacity on Studio Fitness & Wellness, LLC’s behalf (herein collectively referred to as “Studio Fitness”), and any and all amenities, fixtures, equipment, and common areas located therein or appurtenant thereto (collective the “Studio Fitness Facilities”), and Voluntary Participant’s participation in and involvement with any and all services, activities, and programs offered by Studio Fitness, including, but not limited to, cardiovascular exercises, equipment and body weight exercises, and flexibility exercises (hereinafter collectively referred to as the “Studio Fitness Program”), is purely voluntary and undertaken with knowledge of the attendant risks. In consideration of Voluntary Participant’s participation in the Studio Fitness Program, Voluntary Participant does hereby represent, covenant, and agree as follows: 

I. ACKNOWLEDGEMENT OF RISK. Voluntary Participant understands, acknowledges, and agrees that, as with all physical activities, participation in the Studio Fitness Program and access to and use of the Studio Fitness Facilities carries with it certain inherent risks which cannot be eliminated regardless of the amount of care taken to reduce, avoid, mitigate, or eliminate such risks. Voluntary Participant further understands, acknowledges, and agrees that a variety of additional risks, hazards, and dangers may arise during Voluntary Participant’s participation in the Studio Fitness Program and access to and use of the Studio Fitness Facilities which may result in damage, injury, and/or death. The following describes some, but not all, of those risks, hazards, and dangers:

A) Risks of Physical Activities. Strenuous and prolonged activities such as climbing, lifting, squatting, running, bending, jumping, balancing, punching, throwing, swinging, crawling, and other activities requiring the sustained use of, among other things, Voluntary Participant’s arms, legs, and back;

B) Equipment Failure or Misuse. The incorporation and use of fitness equipment in the Studio Fitness Program and Studio Fitness Facilities, including, but not limited to, free weights such as dumbbells, kettlebells, and barbells, resistance bands, weight machines, flexion machines, pull-up bars, medicine balls and bosu balls, any of all which may be misused or which can break, fail, or malfunction regardless of the amount of care taken to reduce, avoid, mitigate, or eliminate the risk thereof;
C) Risks Regarding Conduct. The carelessness, recklessness, or negligence of Voluntary Participant, other Studio Fitness Program participants, and/or third-parties (i.e.-rescue personnel, EMTs, hospital staff).

Voluntary Participant understands, acknowledges, and agrees that the list of risks, hazards, and dangers included in this Agreement are not comprehensive and that other known, unknown, or unanticipated risks, hazards, and dangers, inherent or otherwise, may arise during Voluntary Participant’s participation in the Studio Fitness Program and access to and use of the Studio Fitness Facilities. Voluntary Participant understands, acknowledges, and agrees that the risks, hazards, and dangers which may arise in connection with the Studio Fitness Program and access to and use of the Studio Fitness Facilities, whether or not disclosed in this Agreement, may result in, among other things, scratches, bruises, sprains, breaks, eye injury, loss of sight, joint or back injuries, heart attack, concussions, mental and/or emotional trauma, disability, paralysis, dismemberment, and/or death.

II. ASSUMPTION OF RISK. Voluntary Participant understands, acknowledges, and agrees that Voluntary Participant’s participation in the Studio Fitness Program and access to and use of the Studio Fitness Facilities may expose Voluntary Participant to risks, dangers, and hazards, inherent and otherwise, including, but not limited to, those risks, hazards, and dangers disclosed in Section I of this Agreement, and may result in, among other things, personal injury, property damage, and/or death. In recognition of the known and unknown risks, dangers, and hazards, Voluntary Participant expressly promises, covenants, and agrees to accept and assume full responsibility for any and all risks, hazards, or dangers existing in or arising out of the Studio Fitness Program and Studio Fitness Facilities, whether or not those risks, hazards, and dangers are identified in this Agreement, and for any and all injury, damage, death, or other loss suffered by Voluntary Participant as a result of those risks, hazards, and dangers.

Voluntary Participant further understands, acknowledges, and agrees that Voluntary Participant’s participation in the Studio Fitness Program and access to and use of the Studio Fitness Facilities is purely voluntary, and that Voluntary Participant has elected to participate in the Studio Fitness Program and access and use the Studio Fitness Facilities in spite of such risks, hazards, and dangers. Voluntary Participant further confirms that Voluntary Participant is physically and mentally capable of participating in the Studio Fitness Program and accessing and using the Studio Fitness Facilities.

Further, Voluntary Participant understands, acknowledges, and agrees that if Voluntary Participant’s mental or physical condition changes after the execution of this Agreement such that Voluntary Participant is not capable of participating in the Studio Fitness Program or accessing or using the Studio Fitness Facilities, Voluntary Participant is obliged to cease participating in the Studio Fitness Program and accessing and using the Studio Fitness Facilities immediately.

 

III. RELEASE OF LIABILITY. As lawful consideration for being permitted by Studio Fitness to participate in the Studio Fitness Program and access and use the Studio Fitness Facilities, Voluntary Participant understands, acknowledges, and agrees that Voluntary Participant is assuming full responsibility for any and all damage, injury, illness, death, or other loss that Voluntary Participant may suffer or cause to be suffered in connection with Voluntary Participant’s participation in the Studio Fitness Program and access to and use of the Studio Fitness Facilities. Voluntary Participant agrees to, and hereby does, on Voluntary Participant’s own behalf and on behalf of Voluntary Participant’s representatives, heirs, successors, assigns, estate, executors, administrators, and agents, or if Voluntary Participant is a minor child, Parent agrees to, and hereby does, on Parent’s own behalf, on behalf of Parent’s minor child, and on behalf of Parent’s and Parent’s minor child’s respective representatives, heirs, successors, assigns, estate, executors, administrators, and agents, forever and unconditionally release and covenant not to sue Studio Fitness with respect to any and all liabilities, losses, damages, costs and expenses (including reasonable attorney's fees), causes of action, suits, claims, demands, and judgments arising out of any damage, injury, death, or other loss suffered or caused to be suffered by Voluntary Participant in connection with Voluntary Participant’s participation in the Studio Fitness Program and access to and use of the Studio Fitness Facilities. VOLUNTARY PARTICIPANT UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT THE RELEASES CONTAINED IN THIS AGREEMENT INCLUDE, WITHOUT LIMITATION, ALL CLAIMS AGAINST STUDIO FITNESS WHICH ARISE FROM STUDIO FITNESS’ ORDINARY NEGLIGENCE, BUT DOES NOT INCLUDE CLAIMS ARISING FROM STUDIO FITNESS’ GROSS NEGLIGENCE. Voluntary Participant understands, acknowledges, and agrees that the releases contained in this Agreement constitute general releases, discharges, and waivers of any and all actions or causes of action against Studio Fitness (other than those arising from the gross negligence of Studio Fitness) arising from Voluntary Participant’s participation in the Studio Fitness Program and access to and use of the Studio Fitness Facilities, including claims for personal injury, property damage, wrongful death, products liability, breach of contract, and otherwise. Additionally, Voluntary Participant understands, acknowledges, and agrees that the releases contained in this Agreement, to the maximum extent allowed by law, will have the effect of releasing, discharging, and waiving, on Voluntary Participant’s own behalf, and on behalf of Parent, if Voluntary Participant is a minor child, and on behalf of the respective representatives, heirs, successors, assigns, estate, executors, administrators, and agents of each such party, any and all actions and causes of action that Voluntary Participant and, if applicable, Parent, may have or has had against Studio Fitness, whether under statutory or common law existing now or in the future, whether past, present, or future, whether known or unknown, and whether anticipated or unanticipated, that arise or may arise out of Voluntary Participant’s participation in the Studio Fitness Program and access to and use of the Studio Fitness Facilities. Voluntary Participant fully understands that Voluntary Participant and, if Voluntary Participant is a minor child, Parent, and the respective representatives, heirs, successors, assigns, estate, executors, administrators, and agents of each such party, cannot hereafter make further claims or seek any further recovery of any nature whatsoever against Studio Fitness based upon, arising out of, or in connection with Voluntary Participant’s participation in the Studio Fitness Program or access to and use of the Studio Fitness Facilities. Further, Voluntary Participant, on his/her own behalf and on behalf of his/her representatives, heirs, successors, assigns, estate, executors, administrators, and agents, and, if Voluntary Participant is a minor child, Parent, on his/her own behalf, on behalf of Parent’s minor child, and on behalf of Parent’s and Parent’s minor child’s respective representatives, heirs, successors, assigns, estate, executors, administrators, and agents, hereby expressly waives all future unknown claims caused by, or alleged to be caused by, any act or omission of Studio Fitness, except those arising from Studio Fitness’ gross negligence.

IV. WAIVER OF CALIFORNIA CIVIL CODE SECTION 1542. The releases contained in this Agreement are intended to be general releases and shall be interpreted as broadly and inclusively as possible to fully release and absolve Studio Fitness from liability for any and all damage, injury, death, or other loss arising or resulting from Voluntary Participant’s participation in the Studio Fitness Program and access to and use of the Studio Fitness Facilities. Voluntary Participant hereby acknowledges and agrees that the releases contained in this Agreement are intended and shall be construed to be general releases of all claims described in this Agreement and shall extend to all such claims, even if Voluntary Participant or, if applicable, Parent, is currently unaware of such claim, and in furtherance thereof, Voluntary Participant hereby waives any rights afforded by Section 1542 of the California Civil Code, which reads as follows:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

V. INDEMNIFICATION. Voluntary Participant, on (1) Voluntary Participant’s own behalf and on behalf of Voluntary Participant’s representatives, heirs, successors, assigns, estate, executors, administrators, and agents, and (2) if Voluntary Participant is a minor child, on Parent’s own behalf, on behalf of Parent’s minor child, and on behalf of Parent’s and Parent’s minor child’s respective representatives, heirs, successors, assigns, estate, executors, administrators, and agents, hereby covenant and agree to indemnify, pay, protect, defend, save, and hold Studio Fitness harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable attorney's fees), causes of action, suits, claims, demands and judgments suffered or incurred by or imposed on Studio Fitness, or to which Studio Fitness is subject, which result from, arise as a consequence of, or relate in any way to the acts, omissions, or conduct of Voluntary Participant, whether negligent, willful, or otherwise, which occur or fail to occur in the course of Voluntary Participant’s participation in the Studio Fitness Program and/or Voluntary Participant’s access to and use of the Studio Fitness Facilities.

VI. RELEASE OF PHOTOGRAPHS. Video cameras and digital photography are used in the Studio Fitness Facilities for, among other things, later use on Studio Fitness’ website and social media accounts to inspire other to live healthier lifestyles. By executing this Agreement, Voluntary Participant unconditionally consents to Studio Fitness’ use, without compensation, of such video footage, photographs, or other likeness for promotional, marketing, and/or advertising purposes.

VII. ADMINISTRATION OF FIRST AID. Voluntary Participant and, if Voluntary Participant is a minor child, Parent, hereby consents to the administration of first aid and other medical treatment to Voluntary Participant in the event of Voluntary Participant’s injury or illness. The releases and indemnities contained in this Agreement expressly apply to any and all claims or liability which result from, arise out of, or relate in any way to the administration of such first aid and/or other medical treatment.

VIII. RISKS UNDERSTOOD BY CHILD. If Voluntary Participant is a minor child, Parent represents, covenants, and agrees that they have fully discussed the risks, hazards, and dangers of the Studio Fitness Program and the Studio Fitness Facilities with the minor child and the minor child fully understands all such risks, hazards, and dangers.

IX. SEVERABILITY. If any provision of this Agreement is for any reason found to be ineffective, unenforceable, or illegal by any court having jurisdiction, such condition shall not affect the validity or enforceability of any of the remaining portions hereof. The parties shall negotiate in good faith to replace any such ineffective, unenforceable, or illegal provision as soon as is practicable, and the substituted provision shall, as closely as possible, have the same effect as the eliminated provision.

X. GOVERNING LAW. The validity, interpretation, and enforcement of this Agreement shall be governed, controlled, and construed under the internal laws of the State of California without regard to the conflict of laws provisions pertaining thereto. Any action to enforce or interpret any term of this Agreement shall be brought in the appropriate state or federal court in and for the County of San Luis Obispo, State of California, which shall have exclusive jurisdiction over any such action.

XI. BINDING EFFECT. This Agreement shall be binding upon Voluntary Participant, and, if Voluntary Participant is a minor child, Parent, and each of their respective representatives, heirs, successors, assigns, estates, executors, administrators, and agents.

XII. SURVIVAL. This provisions of this Agreement, and the respective rights and obligations provided hereby, shall survive the termination and/or expiration of the Studio Fitness Membership Agreement, to which this Agreement is incorporated into by reference, made a part of, and attached to as Exhibit “C”.

XIII. ENTIRE AGREEMENT. This Agreement constitute the final, complete, and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter hereof and supersedes all other prior or contemporaneous oral or written understandings and agreements between the parties.

I, COVENANT, REPRESENT, AND AGREE THAT I HAVE READ THE FOREGOING ACKNOWLEDGEMENT AND ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS CONTENTS AND TERMS, AND SIGN IT VOLUNTARILY WITH THE UNDERSTANDING THAT IT IS A BINDING CONTRACT BETWEEN MYSELF AND STUDIO FITNESS. I FURTHER UNDERSTAND THAT BY EXECUTING THIS AGREEMENT, I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO BRING A LAWSUIT AGAINST STUDIO FITNESS ARISING OUT OF DAMAGES, INJURIES, OR DEATH SUSTAINED WHILE PARTICIPATING IN THE STUDIO FITNESS PROGRAM. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY MY SIGNATURE TO COMPLETELY AND UNCONDITIONALLY RELEASE STUDIO FITNESS OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.