I. DECLARATIONS

This Agreement is entered into by and between OC FITNESS COACH, INC. (“Trainer”) and the undersigned (“CLIENT/PARTICIPANT”). The provision of personal training services by Trainer to Client/Participant, and Client’s/Participant’s use of any premises, facilities or equipment are contingent upon this Agreement.

II. ASSUMPTION OF RISK

You agree that if you engage in any physical exercise or activity, including without limitation personal training or enter our premises or use any facility or equipment on our premises for any purpose, you do so at your own risk and assume the risk of any and all injury and/or damage (e.g., minor: scrapes or bruises; serious: broken bones or concussion; or catastrophic: paralysis or death) you may suffer, whether while engaging in a physical exercise or not. This includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by Trainer or otherwise, including injuries or damages arising out of negligence of Trainer, whether active or passive, or any of Trainers affiliates, employees, agents, representatives, successors and assigns. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), sports fields, courts, or other general areas, locker rooms, sidewalks, parking lots, elevators, stairs, pools, whirlpools, saunas, steam rooms, lobby or other general areas of any facilities or any equipment. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to weightlifting, walking, jogging, running, aerobic activities, aquatic activities, tennis, basketball, volleyball, racquetball, or any other sporting or recreational endeavor. You agree that your are voluntarily participating in the aforementioned activities and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property, whether arising out of negligence of Trainer or otherwise. You agree further that by entering into this Agreement, or by participating in the aforementioned activity, you are not relying on any oral or written representation or statements made by Trainer, other than what is set forth herein.

III. RELEASE

You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge Trainer (and Trainers affiliates, related entities, employees, agents, representatives, successors, and assigns) from any and all claims, loss, causes of action, or costs (including, but not limited to, attorney’s fees) arising out of ordinary negligence of Trainer, whether active or passive, or any of Trainers affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries, illness, death or economic loss which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including, but not limited to, personal training, (d) negligent hiring or retention of employees and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainers or anyone else’s negligent inspection or maintenance of the facility premises. You understand and agree further that this agreement covers and includes all claims of every kind of nature, past, present or future, known or unknown, suspected or unsuspected, and all claims or rights pursuant to Section 1542 of the Civil Code of the State of California are hereby expressly waived.

IV. INDEMNIFICATION

By execution of this Agreement, you hereby agree to indemnify, hold harmless and defend Trainer from any loss, liability, damage, or cost (e.g., legal costs, attorney fees, court and/or investigative costs) Trainer may incur due to the provision of personal training by Trainer to you.

V. INFORMED CONSENT

By execution of this Agreement, you understand the potential risks involved in participating in a rigorous physical exercise program. You also assume the responsibility and risks as explained to you. You understand that participating in an exercise program may include, but not be limited to, serious bodily injury, heart attack, stroke, or even death. By execution of this Agreement, you consent voluntarily to participate in an exercise program based on the information provided to you.

VI. ACKNOWLEDGMENTS

This Agreement shall be governed by and construed in accordance with the laws of the State of California. You expressly agree that the foregoing Release, Waiver, Assumption of Risk and Indemnity Agreement is intended to be a broad and inclusive as permitted by the law in the State of California and that any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that Trainer offers a service to his/her clients encompassing the entire recreational and/or fitness spectrum. Trainer is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by Trainer. You acknowledge and agree that Trainer does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts. You acknowledge that OC Fitness Coach, Inc., a fitness consulting and training service, has advised you, the Client/Participant, prior to your commencement of participation in cardiovascular and resistance training programs that such participating could result in physical injury. That you, the undersigned Client/Participant, freely and knowingly assume risk in such programs, and hereby waive any right, claim, or cause of action against OC Fitness Coach, Inc., and release the company, principals, and agents from any liability for any injury, cost, damage expense or claim, which you or anyone on your behalf might incur as a direct or indirect result of your participation in this cardiovascular and resistance training program. You acknowledge that you have carefully read this Waiver and Release and fully understand that it is a Release of Liability, Express Assumption of Risk and Indemnity Agreement. You are aware and agree that by executing this Waiver and Release, you are giving up your right to bring legal action or assert a claim against Trainer or Trainers negligence, or for any defective product used while receiving personal training from Trainer. You have read and voluntarily signed the Waiver and Release and further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

PARENTAL CONSENT AND INDEMNIFICATION AGREEMENT

I, the minor’s parent and/or legal guardian, understand the nature of the above referenced activities and the minor’s experience and capabilities and believe the minor to be qualified to participate in such “activity”. I hereby release, discharge, covenant not to sue and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the Releasees from all liability, claims, demands, losses, or damages on the minor’s account caused or alleged to have been caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, the minor, or any on the minor’s behalf makes a claims against any of the Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss liability, damage, or cost any Releasees may incur as the result of such claim.