FITNESS ODYSSEY RELEASE OF LIABILITY

I/We hereby understand and acknowledge that the training, programs and events held by the Fitness Odyssey LLC may expose me to many inherent risks, including accidents, injury, illness, or even death. I/We assume all risk of injuries associated with participation including, but not limited to, falls, contact with other participants, the effects of the weather, including high heat and/or humidity, and all other such risks being known and appreciated by me.

By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me or my guest, and I hereby fully and forever release and discharge the company, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of/or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Fitness Odyssey LLC, its employees, agents, and representatives, whether a COVID-19 infection or other infectious disease occurs before, during, or after participation at Fitness Odyssey LLC.

I agree to be solely responsible for safety and well being of my guest and myself. I understand that the company does not provide supervision, instruction, or assistance for the use of the facilities and equipment.

I agree to comply with all rules imposed by the company regarding the use of the facilities and equipment. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.

I understand and agree that the company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.

I understand and agree that my use of the facilities and equipment is only to be undertaken on my own personal time, and that my use of the facilities and equipment is not within the course or scope of my employment.

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious. Fitness Odyssey LLC has put in place preventative measures to reduce the spread of COVID-19; however,

Fitness Odyssey LLC cannot guarantee that you will not become infected with COVID-19. Further, participation could increase your risk of contracting COVID- 19 or other infectious diseases.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and other infectious diseases and voluntarily assume the risk that I may be exposed to or infected by COVID-19 or other infectious diseases by participation; and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 or other infectious diseases at Fitness Odyssey LLC may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Fitness Odyssey’s employees, volunteers, and program participants and their families.

I/We hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in activity. I/We acknowledge that I am physically fit and mentally capable of performing the physical activity I choose to participate in.

I represent that I have adequate insurance to cover any injury or illness I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or illness myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition. In the event that I file a lawsuit, I agree to do so in the state where Fitness Odyssey LLC is located, and I further agree that the substantive law of that state shall apply. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

By signing this document, I agree that if I am exposed or infected by COVID-19 or other infectious disease during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.

After having read this waiver and knowing these facts, and in consideration of acceptance of my participation and the Fitness Odyssey LLC furnishing services to me, I agree, for myself and anyone entitled to act on my behalf, to HOLD HARMLESS, WAIVE AND RELEASE Fitness Odyssey LLC, its officers, agents, employees, organizers, representatives, and successors from any responsibility, liabilities, demands, or claims of any kind arising out of my participation in the Fitness Odyssey LLC training, programs and/or events

If I have signed a separate general waiver of liability connected to my participation at Fitness Odyssey LLC, I agree that the terms of that waiver are wholly incorporated. At the time of entering the gym, the sign-in sheet with time and already written date, indicates I agree to these terms.

into this document and that the terms of this document are incorporated into the separate general waiver.

I agree that I will practice safe social distancing and clean hygiene during my participation at Fitness Odyssey LLC.

Billing – I acknowledge, agree, and accept that by signing this document and checking in to Fitness Odyssey LLC, I am activating my membership for billing and Fitness Odyssey LLC will bill me for my monthly gym membership dues and enhancement fees on an ongoing basis. I agree to payment, as set forth in my member agreement, of my monthly membership dues notwithstanding any governmental or other order relating to the operation and/or opening or closing of the gym facilities. If in the future, Fitness Odyssey LLC suspends or freezes my membership for future use during any government ordered closing of the gym facilities so long as I do not use any of the gym facilities during the calendar month for which it is suspended or froze my membership and pay for the prior months for which my membership is reactivated.

(Parent’s signature if under 18 years of age) I represent that I have legal capacity and authorize to act on behalf of the minor named herein.