TERMS

CUSTOMER WAIVER FORM

Notice: this is a legally binding agreement. No cross out or alterations of this agreement are permitted.

In consideration for participating or engaging in exercise activities, services, classes, events, and other programs and using the premises, facilities and equipment (individually and/or collectively, the “Classes and Facilities”) of Thrive Active, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that there are certain inherent risks and dangers in functional fitness and exercise equipment in association with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You understand and acknowledge that fitness or exercise activities, services and/or use of equipment have inherent dangers that no amount of care, caution, instruction or expertise can eliminate. In particular, you understand that the risks associated with your participation in strenuous exercise include but are not limited to, abnormal blood pressure and heart rate, fainting and heart attack. You understand that there are also unforeseeable accidents, which may occur, and you assume all risks associated with such accidents. You agree that it is possible that the equipment being used might malfunction, be defective, and/or fail. You understand that Thrive Active has the music playing at very high levels and at times reaching over 100 Db and you hold Thrive Active harmless and assume all risks.

At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the Thrive Active staff, you would be at physical risk participating in Thrive Active Classes and Programs, you understand and agree that you may be denied access to the Classes and Facilities until you furnish Thrive Active with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing Thrive Active’s concerns and stating that those concerns are unfounded.

In consideration of being allowed to participate in and access the Classes and Facilities, you hereby RELEASE, WAIVE, DISCHARGE and HOLD HARMLESS Thrive Active, its agents, officers, shareholders, Directors, employees, volunteers, participants, exercise equipment builders and installers, exercise equipment designers, exercise equipment manufacturers, lessors, insurers and all other persons or entities acting in any capacity on their behalf from any and all liability, claims, actions or losses from bodily injury, property damages, wrongful death, loss of service, demands or any other causes of action, without limitation, that you may hereafter have arising out of your participation in fitness or exercise activities, services, and/or use of equipment including, but not limited to, LOSSES CAUSED BY THE NEGLIGENCE of the RELEASEES.

In consideration of taking part in Thrive Active classes and services, you also represent that you (a) have no medical or physical condition that would prevent you from properly using any of Thrive Active’s Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using Thrive Active’s Classes and Facilities, and should not be participating in any Classes.

I HAVE READ THIS ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY AND WAIVER OF LIABILITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

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