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Client Liability Waiver

In consideration of being allowed to participate in any way in the Fit Culture, LLC., doing business as (dba) “FIT CULTURE”, program, its related events and activities, I, the undersigned, acknowledge, appreciate and agree that:

  1. I am here to participate in an instructional activity being offered at Fit Culture LLC., dba “FIT CULTURE”. In doing so, I understand that this instructional activity is inherently dangerous and that even in spite of the best instruction and safety precautions, injury, illness, or death may arise in the course of my participation. Whether in person and/or via the internet through platforms such as Facebook, Instagram, TikTok, Youtube, Twitter, Twitch, Snapchat, but not limited to the previously mentioned.

     2. I have considered the full roster, programs, emails, blogs, guidance, and advice of any and all activities being offered at Fit Culture LLC., along with their specific and individual risks. These activities include but are not limited to training classes known as Savage Saturday, Titan Tuesday, Thrivin Thursday, FitCulture STRENGTH, FitCulture FIGHT, and FitCulture BURN.

     3. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS, Fit Culture LLC., their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners, lessors or premises used for the activities (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

     4. I KNOWINGLY AND FREELY ASSUME ALL RISKS, both known and unknown EVEN IF ARISING FROM NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,

     5. I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the Company immediately; and,

     6. I acknowledge that the activity being provided by Fit Culture LLC., is instructional by nature, and that by participating in an instructional activity such as this, I assume certain risks of injury; including serious injury, illness, or death. I understand that these risks are inherent in the activity I am undertaking here at Fit Culture LLC. I have weighed and evaluated those risks before agreeing to participate in this activity, and have affirmatively chosen to participate despite these risks which have been carefully laid out before me by Fit Culture LLC. For this reason, I release Fit Culture LLC., and waive any claim of liability I may have against Fit Culture LLC., arising from any injury, illness, or death flowing from the activity described herein.

     7. I acknowledge by signing this agreement, I have no physical condition, and I have told Fit Culture LLC., that I have no illness, injury, limitation, impairment, disability, or other special requirement (including pharmacological risks, diseases, disorders) that will compromise my ability to safely participate in Fit Culture LLC.

     8. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be three. The place of arbitration shall be New York, New York. New York State law shall apply. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. I explicitly understand that in signing this contract and agreeing to these terms, I am waiving my right to go to court over any controversy or claim against Fit Culture LLC., and instead will be limited solely to a proceeding in binding arbitration. This term, and the other terms of this agreement are a condition precedent to my acceptance for instruction at Fit Culture LLC.

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