Waiver GENERAL PROVISIONS * Please review the Agreement below and check each box acknowledging that you have understood, agreed to, and accepted the terms. This Agreement (“Agreement”) covers membership and classes at CLOWN CARDIO LLC (“CLOWN CARDIO”). Do not sign this Agreement until you have read all pages or if it contains blank spaces. The terms on all pages are a part of this Agreement. You are entitled to a copy of this Agreement. By signing this Agreement, you acknowledge that (i) this Agreement will become legally binding upon its acceptance by CLOWN CARDIO, and (ii) CLOWN CARDIO makes no representations or warranties to you, either expressed or implied, except to the extent expressly set forth in this Agreement. This Agreement constitutes the entire agreement between you and CLOWN CARDIO with respect to the subject matter hereof and supersedes all prior agreements, written or oral, with respect to such subject matter. POLICIES * You acknowledge the existence of and the need for rules and policies governing your attendance at CLOWN CARDIO and use of equipment and facilities, and participation in services (the “Policies”). CLOWN CARDIO reserves the right to modify, amend or supplement the Policies from time to time in its sole discretion, and you agree to comply with the Policies in effect and as they may hereafter be modified, amended or supplemented. CLOWN CARDIO may cancel your attendance and/or membership (and any services or products purchased from CLOWN CARDIO) at any time, including for violations of applicable law or regulation, breach of the Policies, or generally undesirable, abusive, or offensive behavior (as determined by CLOWN CARDIO in its sole discretion) and you will not be entitled to a refund of any portion of dues paid to the date of cancellation. HEALTH REPRESENTATIONS * You represent and warrant to CLOWN CARDIO that you are 18 years or older, in good physical condition and have no medical reason or impairment that could prevent you from your intended use of CLOWN CARDIO facilities, equipment, programs or services. You acknowledge that CLOWN CARDIO has not given you any medical advice before you joined CLOWN CARDIO and cannot give you any such advice after you join CLOWN CARDIO, whether related to your physical condition and ability to use the facilities, equipment, programs and services of CLOWN CARDIO or otherwise. You agree to discuss any health or medical concerns with your physician or other health professional prior to using CLOWN CARDIO’s facilities, equipment, programs, and services. MISCELLANEOUS * (i) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns, (ii) this Agreement and the rights and obligations hereunder shall not be assignable or transferable by you without the prior written consent of CLOWN CARDIO, which consent may be withheld in CLOWN CARDIO’s absolute discretion, (iii) unless prohibited by applicable law, CLOWN CARDIO shall have the right to assign or transfer this Agreement without your consent and without prior notice to you, and (iv) if any term or provision of this Agreement is declared to be illegal, invalid or unenforceable for any reason by a court of competent jurisdiction, the illegality, invalidity or unenforceability shall not affect the validity of the remainder of this Agreement, and to the extent permitted by applicable law, any such term or provision shall be restricted in applicability or reformed to the minimum extent for such to be enforceable. AGREEMENT TO ARBITRATION * This Agreement shall be governed by the internal laws of the State of California without regard to principles of conflicts of laws. You agree that you knowingly and voluntarily waive your right to a trial by jury in any action or proceeding relating to any and all claims you may have against CLOWN CARDIO, its parents, affiliates, agents or any related parties. Any and all claims you may have against CLOWN CARDIO, its parents, affiliates, agents, or any related parties must be submitted on an individual basis to binding arbitration. The arbitration shall be administered by the American Arbitration Association or JAMS in front of a single arbitrator in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. No claim can be submitted as a class, consolidated, collective or representative action. WAIVER OF LIABILITY * YOU ACKNOWLEDGE THAT THE USE OF CLOWN CARDIO’S OR ITS AFFILIATES’ FACILITIES (AND ANY ACTIVITIES CONDUCTED OUTSIDE THE FOUR WALLS OF ANY FACILITY, INCLUDING BUT NOT LIMITED TO PARKING LOTS AND OTHER AREAS NEAR THE FACILITY, OR OFF-SITE), EQUIPMENT, MERCHANDISE, SERVICES AND PROGRAMS INVOLVES AN INHERENT RISK OF PERSONAL INJURY TO YOU AND YOUR GUESTS AND INVITEES. YOU VOLUNTARILY AGREE TO ASSUME ALL RISKS OF PERSONAL INJURY TO YOU, YOUR SPOUSE, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES AND WAIVE ANY AND ALL CLAIMS OR ACTIONS THAT YOU MAY HAVE AGAINST CLOWN CARDIO, ANY OF ITS PARENTS OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY SUCH PERSONAL INJURY (AND NO SUCH PERSON OR ENTITY SHALL BE LIABLE TO YOU, YOUR SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES FOR ANY SUCH PERSONAL INJURY), INCLUDING, WITHOUT LIMITATION: (I) INJURIES ARISING FROM USE OF ANY EXERCISE EQUIPMENT, MACHINES, AND GROUP EXERCISE, PERSONAL TRAINING, OR DIGITAL FITNESS SERVICES; (II) INJURIES ARISING FROM PARTICIPATION IN SUPERVISED OR UNSUPERVISED ACTIVITIES AND PROGRAMS IN EXERCISE ROOMS, COURTS, PARKS, PARKING GARAGES OR OTHER AREAS INSIDE OR OUTSIDE OF ANY FACILITIES, (III) INJURIES ARISING FROM CLOWN CARDIO OR ITS AFFILIATES’ NEGLIGENCE, WHETHER DIRECT OR INDIRECT; (IV) INJURIES, DISEASE, INFECTION OR MEDICAL DISORDERS RESULTING FROM EXERCISING INSIDE OR OUTSIDE OF ANY FACILITY, INCLUDING HEART ATTACKS, STROKES, HEAT STRESS, SPRAINS, BROKEN BONES AND TORN OR DAMAGED MUSCLES, LIGAMENTS OR TENDONS; AND (V) ACCIDENTAL INJURIES WITHIN OR OUTSIDE OF ANY CLOWN CARDIO OR ITS AFFILIATES’ FACILITIES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU ALSO WAIVE ALL CLAIMS AGAINST CLOWN CARDIO, ANY OF ITS PARENTS OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS YOU MAY HAVE UNDER ANY OF THE STATE’S CONSUMER PROTECTION STATUTES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, YOUR MEMBERSHIP, AND/OR YOUR ATTENDANCE AT CLASS. ASSUMPTION OF RISK AND INDEMNIFICATION * You acknowledge that CLOWN CARDIO does not manufacture fitness or other equipment or products at its facilities. Accordingly, neither CLOWN CARDIO nor any of its partners, parents, or affiliates nor any of their respective shareholders, members, officers, directors, employees, agents, successors or assigns (“Indemnified Parties”) shall be held liable for any such defective equipment or products. You shall indemnify the Indemnified Parties and save and hold each of them harmless against and pay on behalf of or reimburse any such Indemnified Parties as and when incurred for any losses which such Indemnified Parties may suffer, sustain or become subject to, as a result of, in connection with, relating or incidental to or by virtue of any claim that is the subject of the waiver set forth above. The provisions of this paragraph shall survive termination of your membership and/or attendance at class and this Agreement. E-Signature Consent * By checking this box, you are signing this Agreement electronically and agree your electronic signature is the legal equivalent of your manual/handwritten signature on this Agreement. You agree to the legally binding terms and conditions of this Agreement. Name * First Name Last Name Email * Date * MM DD YYYY Signature * Type Your First and Last Name to Accept the Terms & Conditions of this Waiver. Thank you!