FINE PRINT

For and in consideration of being allowed to use the facilities and to participate in HY|LO and other activities (collectively referred to as the “Activities”) provided by HY|LO Fitness, LLC (hereafter referred to as “̳HY|LO”),̲ the Participant and the Participant’s parent(s) or legal guardian(s) if Participant is a minor (hereafter referred to as the “Participant”), do hereby agree, to the fullest extent permitted by law, to the following:

WAIVER OF CLAIMS

Participant hereby agrees to and does waive any and all claims that Participant has or may have against HY|LO arising out of Participant’s participation in the Activities or use of any equipment provided by HY|LO (hereafter referred to as the “Equipment”), including but not limited to while receiving instruction and/or training.

EXPRESS WRITTEN ASSUMPTION OF THE RISK

Participants hereby expressly assume any and all risks related to participating in the Activities and using the Equipment, including but not limited to while receiving instruction and/or training. Participant understands and expressly acknowledges that there are inherent risks, which may be both foreseen and unseen and include serious physical injury or death, in participating in the Activities and using the Equipment, including but not limited to while receiving instruction and/or training.

RELEASE OF LIABILITY

Participant hereby agrees to and does release from liability HY|LO, its owners, afliates, operators, employees, agents, and ofcers from any and all liability for any and all loss, damage, injury, death, claim, and expense that Participant and his/her heirs, assigns, and representatives may sufer arising out of Participant’s participating in the Activities and using the Equipment, including but not limited to while receiving instruction and/or training.

INDEMNIFICATION

Participant shall hold harmless and indemnify Landlord to the fullest extent provided by law from and against any all claims and/or legal action, including the recovery of any and all costs and reasonable attorney’s fees, for any and all injuries or damages experienced by Participant arising out of or related to participating in the Activities and using the Equipment, including but not limited to while receiving instruction and/or training.

PARTICIPANT CERTIFICATION

Participant hereby certifes that Participant has no physical or mental condition or impairment that would preclude him/her from participating in the Activities and using Equipment and that he/she is not participating in Activities and using Equipment including but not limited to while receiving instruction and/or training against medical advice. Participant is responsible for notifying HY|LO of any changes to Participant’s health which could afect Participant’s ability to exercise in a reasonably safe and healthy manner. Participant understands and acknowledges that his/her participating in the Activities and using the Equipment, including but not limited to while receiving instruction and/or training is voluntary and further understands and acknowledges that Participant has had the opportunity to inspect HY|LO’s Equipment and facilities before any participation. Participant understands and acknowledges that he/she is obligated to follow the rules for the Activities and Equipment and to take all reasonable steps to ensure his/her own personal safety while participating in Activities and using Equipment including but not limited to while receiving instruction and/or training. Participant understands that all HY|LO activities included during the workout are exclusive to the intellectual property of HY|LO ftness. Any attempts to recreate, redesign or re- distribute the HY|LO model, will be met with legal action against the participant.

This Agreement constitutes the sole and entire agreement among the Parties regarding the subject matter contained herein. The validity, construction and enforceability of this Agreement shall be construed under and governed by the laws of the State of South Carolina. Jurisdiction and venue shall be in Charleston County, South Carolina. To the extent any portion of this Agreement is deemed invalid under the laws of the State of South Carolina, the remaining portions of the Agreement shall remain binding and in full force an efect on HY|LO and Participant.

I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I UNDERSTAND AND ACKNOWLEDGE THAT BY SIGNING THIS AGREEMENT THAT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.