Hold Harmless Agreement

CLIENT RELEASE, ASSUMPTION OF RISK, WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT

This Client Release, Assumption of Risk, Waiver of Liability and Hold Harmless Agreement (“Agreement”) is entered into by and between Second Peak Training Corporation, an Illinois corporation (“Company”), and the undersigned individual (“Client”).

In consideration of the Company permitting Client to participate in personal training, strength training, mobility training, fitness assessment, exercise instruction, and related services (collectively, the “Services”), Client agrees to the following terms and conditions:

ACKNOWLEDGMENT OF RISKS

1.1 Inherent Risks. Client acknowledges and understands that participation in physical exercise, strength training, resistance training, mobility training, balance training, conditioning, stretching, and related physical activities involves inherent risks of injury and other adverse consequences.

Such risks may include, without limitation, muscle strains, sprains, falls, fractures, joint injuries, back injuries, aggravation of pre-existing conditions, cardiovascular events, loss of balance, dizziness, fainting, illness, disability, and, in rare circumstances, serious injury or death.

1.2 Voluntary Participation. Client acknowledges that Client is voluntarily participating in the Services and knowingly assumes the inherent risks associated with such participation.

1.3 No Guarantee of Safety. Client understands that no exercise program, training method, assessment, or precaution can completely eliminate the risk of injury or adverse health consequences.

CLIENT’S REPRESENTATIONS AND RESPONSIBILITIES

2.1 Client represents that Client has disclosed to the Company any known medical condition, physical limitation, injury, surgery, restriction, or other circumstance that Client believes may affect Client’s ability to participate safely in the Services.

2.2 Client agrees to promptly notify the Company of any change in Client’s physical condition, health status, medications, medical restrictions, or other circumstances that may affect participation in the Services.

2.3 Client acknowledges that the Company and its trainers are fitness and exercise professionals and are not physicians, physical therapists, or other healthcare providers.

2.4 The Services are not intended to diagnose, treat, cure, or prevent any disease, medical condition, or injury.

2.5 Client is solely responsible for obtaining medical advice or clearance when Client has a question concerning whether participation in exercise is appropriate or safe.

COMPLIANCE WITH INSTRUCTIONS

3.1 Client agrees to make reasonable efforts to follow the instructions and directions provided by the Company’s trainers concerning exercise technique, equipment use, movement, intensity, rest periods, and other reasonable safety procedures.

3.2 Client agrees to immediately inform the trainer if Client experiences pain, dizziness, unusual shortness of breath, chest discomfort, weakness, loss of balance, or any other unusual or concerning symptom.

3.3 The Company or its trainer may modify, discontinue, or decline to provide an exercise or training activity if, in the trainer’s reasonable judgment, continuing such activity presents an unreasonable safety concern.

RELEASE AND WAIVER OF LIABILITY

4.1 Release. To the fullest extent permitted by applicable law, Client hereby releases and discharges Second Peak Training Corporation and its owners, officers, directors, employees, trainers, independent contractors, agents, representatives, successors, and assigns (collectively, the “Released Parties”) from claims, demands, causes of action, damages, losses, liabilities, costs, and expenses arising out of or relating to Client’s participation in the Services.

4.2 This release includes claims relating to bodily injury, illness, property damage, or other loss arising from the inherent risks of physical exercise and training.

4.3 Limitation. Nothing contained in this Agreement shall be construed as releasing, waiving, or limiting any claim, liability, or right that cannot lawfully be released, waived, or limited under applicable Illinois law.

ASSUMPTION OF RISK

5.1 Client expressly assumes all risks inherent in or reasonably associated with participation in the Services.

5.2 Such risks include risks associated with the use of exercise equipment, weights, resistance bands, mats, machines, or other training equipment; changes in body position; lifting, carrying, pushing, or pulling; balance activities; mobility exercises; strength exercises; and other physical activities.

5.3 Client further acknowledges that participation may occur at Client’s residence, the Company’s studio, or another mutually agreed-upon location.

HOLD HARMLESS AND INDEMNIFICATION

6.1 To the fullest extent permitted by applicable law, Client agrees to indemnify, defend, and hold harmless the Released Parties from and against claims, demands, damages, losses, liabilities, judgments, costs, and reasonable expenses arising out of or relating to:

(a) Client’s participation in the Services;

(b) Client’s acts or omissions;

(c) Client’s failure to disclose a known medical condition, limitation, injury, or restriction; or

(d) Client’s violation of this Agreement.

6.2 The obligations contained in this Article shall apply only to the extent permitted by applicable law and shall not require Client to indemnify any Released Party for liability that cannot lawfully be shifted to Client.

TRAINING LOCATION AND PROPERTY CONDITIONS

7.1 When Services are provided at Client’s residence or another location selected or provided by Client, Client shall be responsible for notifying the Company of known hazards or unsafe conditions.

7.2 Client agrees to maintain the designated training area in a reasonably safe condition and to remove or identify known hazards, including clutter, loose rugs, obstacles, pets, or other conditions that may reasonably present a risk of injury.

7.3 The Company shall not be responsible for hazardous conditions existing at Client’s residence or at another location that are outside the Company’s reasonable control.

EMERGENCY MEDICAL ASSISTANCE

8.1 In the event of an emergency occurring during a training session, Client authorizes the Company and its representatives, when reasonably necessary, to contact emergency medical services.

8.2 Client acknowledges that the Company does not provide medical treatment and is not responsible for the cost of emergency medical services, ambulance transportation, hospitalization, physician services, or other medical care.

NO REPRESENTATION OR GUARANTEE OF RESULTS

9.1 Client acknowledges that individual results from exercise and training vary.

9.2 The Company makes no representation or guarantee concerning any particular result, including, without limitation, increases in strength, mobility, balance, endurance, weight loss, body composition, physical performance, independence, or other health or fitness outcome.

RIGHT TO DISCONTINUE PARTICIPATION

10.1 Client may decline to perform any particular exercise or may discontinue participation in a training session at any time.

10.2 Client agrees to communicate any pain, discomfort, limitation, concern, or other condition that may affect Client’s ability to safely participate.

ACKNOWLEDGMENT OF LEGAL EFFECT

11.1 Client acknowledges that this Agreement is a legally binding contract.

11.2 Client acknowledges that Client has carefully read this Agreement and understands its contents.

11.3 Client acknowledges that this Agreement contains provisions releasing certain legal claims and assuming certain risks.

11.4 Client has had the opportunity to ask questions concerning this Agreement and to consult with independent legal counsel before signing it.

11.5 Client enters into this Agreement voluntarily and without coercion.

SEVERABILITY

12.1 If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be modified or limited to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

GOVERNING LAW AND VENUE

13.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.

13.2 Any dispute arising from or relating to this Agreement shall be subject to the applicable laws and jurisdiction of the State of Illinois, except to the extent otherwise required by law.

ENTIRE AGREEMENT

14.1 This Agreement constitutes the entire agreement between the Company and Client concerning the subject matter contained herein and supersedes any prior oral or written representations concerning such subject matter.

14.2 No modification, amendment, or waiver of any provision of this Agreement shall be effective unless made in writing and executed by the parties, except as otherwise permitted by law.

CLIENT ACKNOWLEDGMENT AND ACCEPTANCE

I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, THAT I UNDERSTAND ITS TERMS, AND THAT I AGREE TO BE LEGALLY BOUND BY ITS PROVISIONS.

I UNDERSTAND THAT PARTICIPATION IN PHYSICAL EXERCISE AND TRAINING INVOLVES INHERENT RISKS, INCLUDING THE POSSIBILITY OF SERIOUS INJURY.

I UNDERSTAND THAT THIS AGREEMENT CONTAINS A RELEASE OF CERTAIN CLAIMS, AN ASSUMPTION OF RISK, AND A HOLD HARMLESS AND INDEMNIFICATION PROVISION.