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Waiver of Liability

Thank you for signing up for the TrainWithMe (the app “TWM”) digital fitness solution.

In consideration of using TWM, I agree as follows:

TRAINER DIRECTED ACTIVITY. All physical fitness activity that I engage in while using TWM is determined, designed, overseen and assigned by my personal trainer. TWM expressly disclaims any responsibility for the fitness program my trainer designs and assigns. TWM is purely a mechanism to convey instructions/advice/guidance from my personal trainer.

PHYSICAL ACTIVITY READINESS. I represent that (a) I am voluntarily engaging in physical exercise; (b) I am in good physical condition and have no disabilities, diseases, illnesses or other conditions that could prevent me from exercising without injuring myself or impairing my health; (c) I have consulted a licensed physician concerning an exercise program that will not expose me to risk of injury or impairment to my health; and (d) my physician has approved my contemplated, trainer directed, activities. I further represent that I have consulted with my trainer regarding proper physical activity and my responses are true and correct. I acknowledge that my trainer AND TWM have not given me any medical advice, and I am relying solely on the advice of my licensed physician regarding the ability to follow the workouts / exercises assigned to me by my trainer. I agree to consult with my physician prior to making any dietary changes or using any food supplements.

PHYSICAL ACTIVITY SPECIFICS: I represent that the answers to the following questions are “No.” 1) Has your doctor ever said you have heart trouble? 2) Do you frequently have pains in your heart and chest? 3) Do you often feel faint or have spells of severe dizziness? 4) Has a doctor ever said your blood pressure was too high? 5) Has your doctor ever told you that you have a bone or joint problem such as arthritis that has been aggravated by exercise, or might be made worse with exercise? 6) Is there a good physical reason not mentioned here why you should not follow an activity program even if you wanted to? 7) Are you over age 65 and not accustomed to vigorous exercise?

ASSUMPTION OF RISK. I understand that there are inherent risks of bodily injury, illness, accidents, death, and property damage and loss associated with engaging in physical exercise. I understand that risk of injury to persons and property includes, but is not limited to, injuries arising from or relating to (a) my use of exercise equipment and machines, locker rooms, pools, spas, wet areas and other facilities associated with physical fitness; (b) my participation in any supervised and unsupervised activities, personal training, instruction, programs, classes, and events; (c) medical disorders that may occur from exercising such as heart attack, stroke, death, heat stress, sprains, strains, broken bones, and torn muscles, tendons and ligaments among others; (d) accidents that may occur while exercising at home, in a gym or anywhere else.

WAIVER. I understand that I am voluntarily participating in exercises assigned to me by my trainer (who is using TWM to convey his/her advice, recommendations, and/or fitness regimen.) I assume all responsibility for any and all injuries or damages that I may sustain as a result of me following my trainer’s instructions as conveyed by TWM.

I, on behalf of myself and my dependents hereby waive and release TWM and the owner of and each of their respective owners, affiliates, subsidiaries, employees, officers, directors, partners, managers, members, contractors, representatives and agents (collectively, the “Indemnities”) from and against any claim, action, suit, demand, liability, expense or judgment, injury or damage to person or property, including attorneys' fees and court costs (collectively "Claims") that I may have hereafter against the Indemnities arising from or related to (a) use of TWM, (b) participation in any services recommended by my trainer (as conveyed by TWM) and (c) exposure to any illness or disease while using TWM; except to the extent caused by the gross negligence or willful misconduct of TWM. I further agree to indemnify the Indemnities from any and all Claims arising from or related to any act, illness, injury or damage to person or property caused by me.

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