RELEASE AND WAIVER OF LIABILITY

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND CONSTITUTES A CONTRACT BETWEEN ME AND IBX Fitness, LLC (“COMPANY”) AS IT RELATES TO MY PARTICIPATION IN ACTIVITIES PROVIDED BY COMPANY.

I AM AWARE THAT VOLUNTARY PARTICIPATION IN COMPANY FITNESS CLASSES AND ATTENDANCE, EVENTS, AND SERVICES (COLLECTIVELY AND INDIVIDUALLY REFERRED TO HEREIN AS “ACTIVITY” AND “ACTIVITIES”) CAN TAKE PLACE IN-STUDIO, ONLINE, OUTDOOR, OR OTHER LOCATION, AND MAY INVOLVE PHYSICAL ACTIVITIES THAT COULD POTENTIALLY LEAD TO INJURY, SICKNESS, OR EVEN DEATH. I AM VOLUNTARILY CONSENTING TO MY PARTICIPATION IN THESE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. I AM EXPRESSLY ASSUMING THE RISKS ASSOCIATED WITH MY PARTICIPATION IN THIS ACTIVITY.

I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for incurring bodily injury, death, or loss of personal property and expenses as a result of those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.

 I hereby waive, release, and forever discharge COMPANY (“Released Parties”) from any and all claims I may have now or arising in the future related to my participation in and use of any of COMPANY’s equipment and/or facilities, events/services.

I covenant and agree not to sue any Released Parties for any such claims. I hereby waive, release and forever discharge the Released Parties from all of the following (the “Claims”): any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special, and/or consequential), losses (economic and non-economic), and causes of action, of any kind or nature, which I have or may have in the future (including court costs, attorneys’ fees, and litigation expenses), that may arise out of, result from, or relate to my participation, in the use of the Released Parties facilities, classes, and/or training sessions, or my travel to and from such activities. I understand and acknowledge that these Claims include, but are not limited to, causes of action for death, personal injury, partial or permanent disability, negligence, and property damage or theft; causes of action relating to the provision of first aid, medical care, medical treatment, or medical decisions; and claims for medical or hospital expenses, including medical transportation services. I understand and agree that the foregoing waiver, release, and discharge applies even if the Claims are caused by the negligent acts, omissions, or carelessness of any Released Parties. I understand that this waiver, release, and discharge operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf.

I further agree to indemnify and hold harmless all Released Parties from any claims which I might make or which might be made on my behalf by others or which might be made against me by others, arising from my participation in the activities provided by the Released Parties, and travel to or from such ACTIVITIES.

This waiver shall remain valid unless expressly revoked by the participant or parent or guardian of a minor, in writing, with receipt acknowledged by the Released Parties.

TRIAL AND CARD ON FILE

Your trial is free and gives you the classes listed in your account, for you only, and it ends 7 days after your first class. Advance registration for all classes is required. You may reserve on our website or app. Doors close two minutes after class starts; arriving after that counts as a no-show. By signing this waiver, you are agreeing that we may keep your credit card on file and charge a $25 fee for any late cancellations and no-shows, and for any other products and services you purchase from us. You can remove or change your credit card at any time under “Payment Methods” in your account through the IBX Fitness website or app. However, it is a condition to the effectiveness of your pass that you maintain a valid credit card on file throughout the term of your pass. IBX Fitness may suspend Purchaser’s pass during any period when a valid credit card is not on file.