WAIVER AND RELEASE OF LIABILITY AND INDEMNITYAGREEMENT

Warren Health and Racquet Club hereinafter “Club”

Upon signing this Agreement and forever thereafter, you (member and all guests) agree that if you engage in any physical exercise or activity, use any Club facility, or are present on the premises, you do so at your own risk and assume the risk of any and all injury and/or damage you might sustain, regardless of whether such injury or damage arises out of or during physical exercise. Your assumption of the risk includes but is not limited to your use of any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, stairs, sauna, racquet courts, tennis courts, lobby area, or any other part or item in or around the Club facility. You agree to assume the risk of your participation in any activity, class, program, instruction or Club sponsored event. You agree that you are voluntarily participating in the aforementioned activities and assume all risk, known and unknown, associated with using the Club facilities, equipment and premises including, without limitation, any loss or theft of any personal property. You agree on behalf of yourself (your spouse, children, personal representatives, heirs, executors, administrators, agents and assigns) to forever release and discharge the Club and its owners, employees, agents, representatives, affiliates, successors, and assigns from any and all claims or causes of action (known or unknown) arising out of the negligence of the Club, whether active or passive, or that of any of its affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break; (b) the Club’s improper maintenance of any exercise equipment or facilities; (c) the Club’s negligent instruction or supervision, including personal training and; (d) you slipping and falling while in the facility or any portion of the premises for any reason, including the Club’s negligent inspection or maintenance of its facility. By executing this Agreement, you hereby agree to indemnify and hold harmless the Club from any loss, liability, damage, or cost the Club may incur due to your presence at the Club facility. If any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts.

If any portion of this Agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. This release is not intended as an attempted release of claims of gross negligence or intentional acts.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY
UNDERSTAND THAT IT IS A RELEASE OF LIABILITY AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY
AGEEMENT. YOU ARE AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, YOU ARE
GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST THE CLUB FOR ITS
NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PREMISES. YOU HAVE READ AND VOLUNTARILY
SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS,
STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRHTEN AGREEMENT HAS BEEN MADE.
YOU AGREE, FOR YOURSELF, YOUR SPOUSE, CHILDREN, SUCCESSORS, HEIRS AND ASSIGNS, THAT THE
ABOVE REPRESENTATIONS ARE CONTRACTUALLY BINDING, AND ARE NOT MERE RECITALS, AND THAT
SHOULD YOU OR YOUR SUCCESSORS ASSERT ANY CLAIM IN CONTRAVENTION OF THIS AGREEMENT, THE
ASSERTING PARTY SHALL BE LIABLE FOR THE EXPENSES (INCLUDING REASONABLE ATrORNEYS’ FEES)
INCURRED BY THE OTHER PARTY OR PARTIES IN DEFENDING AGAINST ANY SUCH ACTION.