UPON CREATING AN ACCOUNT, YOU ARE ACKNOWLEDGING AND AGREEING TO THE ABOVE TERMS AND CONDITIONS AND TO THE BELOW STUDIO, ON DEMAND, OUTDOOR AND ONLINE STREAMING CLASSES WAIVER OF LIABILITY, RELEASE, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. BY ACKNOWLEDGING THIS DOCUMENT YOU WILL HAVE WAIVED CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE Waiver of Liability, Release, Assumption of Risk & Indemnity Agreement  Notice: This is a legally binding document. In consideration for being allowed to participate in classes and activities operated by Fitnesse LLC, its subsidiaries, affiliates, employees, instructors, independent instructors, franchisees, and agents (“Fitnesse”), I hereby understand, agree, and acknowledge on behalf of myself, my heirs, and assigns the following: 1) I will be attending classes, activities and other programs utilizing facilities and equipment and performing exercise at Fitnesse Studio, On Demand, Online Streaming, and Outdoor classes from which there are inherent risks and dangers, which can include, but are not be limited to, physical injury to my legs, knees, back, shoulders, head, injury or strain to the cardiovascular, circulatory and/or respiratory systems and injuries to other parts of the body.  2) I agree to assume all risks related to or inherent in such participation, which may include, but are not limited to, serious physical injury and death.  3) I have no known medical or physical condition (including pregnancy), mental or emotional disability including but not limited to cardiac irregularity, episodes of dizziness, asthma or other breathing difficulties, diabetes, neurological disorders, spinal joint tendon or ligament injuries, high/low blood pressure or any other disability that would put me in any physical or medical danger or prevent or limit me from attending and/or using any Fitnesse classes.  4) I have not been advised by a physician to limit my physical activities and I am not under the influence of any medication or substance that would prevent such participation.  5) It is the recommendation of Fitnesse that I consult with a physician before participating in classes and that my participation in such classes is purely voluntary and occurs at my own risk. 6) Any instructions and advice of instructors is not to be construed by me to be medical advice.  7) If in the opinion of Fitnesse my access or participation may endanger my health, Fitnesse may deny me access and the right to participate until I furnish a letter from my physician stating that in the opinion of such physician I am medically and physically able to participate in Fitnesse classes.  8) Fitnesse is not in any way responsible for the safe keeping of my personal belongings while I attend a class and that any storage capability that is provided for my use by Fitnesse is strictly as a courtesy for my own benefit and at my own risk.  9) IN CONSIDERATION OF MY RIGHT TO PAY FOR AND PARTICIPATE IN CLASSES I EXECUTE THIS RELEASE AND AGREE ON BEHALF OF MYSELF, HEIRS AND ASSIGNS TO WAIVE, RELEASE, HOLD HARMLESS AND INDEMNIFY Fitnesse LLC, ITS EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, EQUIPMENT MANUFACTURERS, LICENSORS, OFFICERS, MANAGERS, MEMBERS, FRANCHISEES, AND AGENTS FROM ANY AND ALL INJURIES, CLAIMS, DAMAGES AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO COVID-19 AND OTHER INFECTIOUS DISEASES, (“CLAIM”) THAT MAY ARISE FROM MY PARTICIPATION REGARDLESS OF HOW SUCH CLAIM MAY HAVE COME ABOUT.  10) I consent and agree that Fitnesse may take photographs or videos of me in or using the Fitnesse facilities and equipment. I agree that such photographs or videos and copies thereof may be used by Fitnesse. I hereby assign all copyrights or other rights in such photographs or videos and copies thereof to Fitnesse.  11) I have read and understand the foregoing and I have had the opportunity to have this document reviewed by an attorney of my choice.  12) The rules and regulations of Fitnesse may change from time to time and my continued participation is an acknowledgment of my agreement to such rules and regulations as they may change from time to time.  13) This agreement and release shall remain in full force and effect for so long as I participate in activities and classes at Fitnesse.  14) The venue for any dispute arising from this agreement shall be in the State of California in the County of Alameda. 15) In the event any portion of this agreement is deemed to be not enforceable, then it shall not impair the remainder of the agreement.  COVID-19 1) Fitnesse, LLC is following all regulations and guidelines as ordered by State and Local Governments, The Alameda Health Department and The CDC. Fitnesse cannot guarantee full protection from COVID-19 transmission. As a client (“I”), I am voluntarily electing to take Fitnesse classes and I acknowledge and consent to some risk for contracting COVID-19. I agree to hold harmless Fitnesse, LLC its subsidiaries, affiliates, employees, instructors, independent instructors, franchisees, and agents (“Fitnesse”), and all other third parties, other than myself, for my decision to take a class at Fitnesse, LLC facilities. 2) I understand that possible exposure to COVID-19 before/during/after my fitness class may result in the following: a positive COVID-19 diagnosis extended quarantine/self-isolation additional tests hospitalization that may require medical therapy, Intensive Care treatment, possible need for intubation/ventilator support, short-term or long-term intubation, other potential complications, and the risk of death. Additionally, I understand that COVID-19 may cause additional risks, which may not currently be known at this time, in addition to the risks described herein. I understand that Fitnesse, LLC is extending class credit expiration dates as well as providing the option to freeze my membership due to COVID-related illness. I understand that Fitnesse, LLC is not putting any financial obligation or downside to me waiting to enter the facilities and taking classes. Despite that, I acknowledge the risks and would like to proceed with attending classes. 3) I affirm that myself, nor anyone in my household, has been diagnosed with COVID-19 in the past 14 days; myself, nor anyone in my household, has experienced any COVID-19 symptoms in the past 14 days; I have not been out of the country in the last 14 days or been in direct contact with anyone who has; and I have not been in contact with anyone with confirmed or presumptive positive COVID-19 in the past 14 days. I will affirm the above statements prior to class each and every time I take class. Waiver of Liability, Release, Assumption of Risk & Indemnity Agreement Notice: This is a legally binding document. Please Sign Below