RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK

While there are many benefits to having access to and use of the premises, facilities, equipment and amenities of In‐Shape Solutions, LLC, dba National Fitness ("NF") including, without limitation, participating in or observing classes, training, activities, streaming and on‐demand classes, use of wellness modalities including, without limitation, compression, massage and massage chairs, hydrobeds, cold or heat therapy, and other multi‐sensory experiences, and off‐site events and activities provided, organized or sponsored by NF (collectively, "NF Access, Activities and Use"), it is important that you understand and acknowledge that your NF Access, Activities and Use includes inherent risks of injury to you, whether caused by the actions or negligence of you, someone else, or NF. Specific risks vary from one activity to another and include, but are not limited to, injuries arising from use of exercise equipment and machines; injuries arising from participation in supervised or unsupervised classes, activities or programs; injuries arising from exercising such as heart attacks, strokes, heat stress, sprains, broken bones, and torn muscles and ligaments, among others; injuries occurring while swimming, using the sauna or spa, or while observing others participating in activities; injuries occurring in dressing rooms and other facilities; and injuries caused by other NF members or guests. This is not intended to be an exhaustive list of all of the injuries that could occur. In some cases, the injuries may be so severe that they result in permanent disability, head injury, paralysis, and even death. Risks also include exposure to or infection by diseases, bacteria, viruses, and coronaviruses including, without limitation, COVID‐19. Injuries can occur at an NF premises or facility or at an off‐site event or activity sponsored or organized by NF.

In consideration of your NF Access, Activities and Use, you agree, to the greatest extent permitted by law, to waive any and all claims against and to hold harmless, release, indemnify, and agree not to sue NF and any of its officers, directors, employees, agents, contractors, affiliates, successors and assigns (each a "Released Party") for any injury, including without limitation, personal, bodily, or mental or emotional injury, death, economic loss, property damage, or any other injury or damage sustained by you arising in whole or in part out of your NF Access, Activities and Use, including, but not limited to, those claims based on any Released Party's alleged or actual negligence or breach of any contract and/or express or implied warranty or breach of any statutory or other duty of care. You acknowledge and agree that negligence includes failure on the part of any Released Party to take reasonable steps to safeguard or protect you from the risks, dangers and hazards associated with NF Access, Activities and Use.

In further consideration of your NF Access, Activities and Use, you further agree to indemnify, defend and hold any Released Party harmless from any loss, liability, or damage a Released Party may incur, in connection with claims for personal injury, bodily injury, wrongful death or property damage (i) caused by you or your minor child's (as used herein, "your minor child" includes, in addition to your own child or children, any persons for whom you serve as legal guardian) negligence or other wrongful acts or omissions, or (ii) brought by you or your minor child, even if NF was negligent. You further agree that NF will not be responsible or liable for any loss, theft, or damage to any of your property in or about the premises of NF including, but not limited to, any personal property left in a locker or automobile.

You agree that the foregoing Release and Waiver of Liability and Assumption of Risk is intended to be as broad and inclusive as is permitted by the law and that if any portion hereof is held invalid the balance shall continue in full force and effect.