TRIAL PASS LIABILITY WAIVER

I, an adult Guest or parent (agreeing on behalf of a minor child or ward who is a Guest) expressly accept and assume all risk of injury, illness, damages or death, known and unknown, inherent or not, for my use of and participation in any and all services, amenities, facilities, machinery, equipment, locker rooms, parking lot, lobby, and any other area located in and around the Club facility, regardless of whether such injury or damage arises out of or during physical activity, including, without limitation, any loss or theft of any personal property. I am fully aware that operation of gym facilities and participation in physical activity may be dangerous and involves risk of injury to my person. I agree that I have a duty to examine each piece of equipment or facility prior to use, and refrain from use and report the same to the Club if there is any indication that such equipment or facility has been subjected to abuse, is damaged, or is in an unsafe or potentially dangerous condition. If I am the parent of a minor Guest, I have discussed the activities, responsibilities and risks with the minor child who understands and accepts them, and I, to the fullest extent permitted by law, accept them on behalf of such minor child.

I agree, on behalf of myself (or minor child or ward), my spouse, children, heirs and personal representatives, to forever waive, release and discharge the Club and its owners, employees, affiliates, successors, and assigns from any and all claims or causes of action, known or unknown, arising out of any and all injury or damage caused by the ordinary negligence of the Club or its employees, owners or affiliates, including without limitation, any claim, damage or injury which may occur as a result of any malfunction or breakage of equipment, the Club’s improper maintenance of any machinery, equipment or facilities, the Club’s negligent instruction or supervision, and any injury from slipping or falling while in the Club facility or any portion of the premises for any reason. I expressly agree to indemnify and hold the Club harmless from any loss, liability, damage, or cost the Club may incur due to my presence at the Club facility.

BY COMPLETING THIS FORM AND SIGNING/INITIALING BELOW, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND UNDERSTAND THIS WAIVER OF LIABILITY AND ASSUMPTION OF RISK AND FULLY UNDERSTAND THAT I AM SURRENDERING MY RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST THE CLUB FOR PERSONAL INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, PRODUCTS LIABILITY OR UNDER ANY OTHER THEORY, TO THE MAXIMUM EXTENT ALLOWED BY LAW.