Waiver and Release

BY SIGNING UP FOR AND/OR ATTENDING CLASSES, ACTIVITIES AND OTHER PROGRAMS, AND USING CYCLE THIRTY THREE LLCs PREMISES, FACILITIES AND EQUIPMENT (COLLECTIVELY, “CLASSES AND FACILITIES”), YOU HEREBY AGREE THAT THERE ARE CERTAIN INHERENT RISKS AND DANGERS IN INDOOR CYCLING AND EXERCISE AND IN USING INDOOR CYCLING AND EXERCISE EQUIPMENT IN ASSOCIATION WITH THE CLASSES AND FACILITIES. IN CONSIDERATION OF BEING ALLOWED TO PARTICIPATE IN AND ACCESS THE CLASSES AND FACILITIES PROVIDED BY CYCLE THIRTY THREE , IN ADDITION TO THE PAYMENT OF ANY FEE OR CHARGE, YOU HEREBY (1) AGREE TO ASSUME FULL RESPONSIBILITY FOR ANY AND ALL INJURIES OR DAMAGE WHICH ARE SUSTAINED OR AGGRAVATED BY YOU IN RELATION TO THE CLASSES AND FACILITIES, (2) WAIVE, RELEASE AND FOREVER DISCHARGE CYCLE THIRTY THREE , ITS OFFICERS, AGENTS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AND ALL OTHERS FROM ANY AND ALL RESPONSIBILITY, CLAIMS, RIGHTS, CAUSES OF ACTION AND/OR LIABILITY FROM INJURIES OR DAMAGES TO YOUR PERSON OR PROPERTY RESULTING FROM YOUR PARTICIPATION IN AND USE OF THE CLASSES AND FACILITIES, AND (3) REPRESENT YOU HAVE NO MEDICAL OR PHYSICAL CONDITION WHICH WOULD PREVENT YOU FROM ATTENDING AND/OR USING ANY OF CYCLE THIRTY THREE’S CLASSES AND FACILITIES AND/OR PUT YOU IN ANY PHYSICAL OR MEDICAL DANGER AND HAVE NOT BEEN INSTRUCTED BY A PHYSICIAN NOT TO DO SO. CYCLE THIRTY THREE HEREBY ADVISES YOU THAT INDIVIDUALS WITH ANY CHRONIC DISABILITIES OR CONDITIONS ARE AT RISK IN USING CYCLE THIRTY THREE CLASSES AND FACILITIES AND ARE ADVISED AGAINST DOING SO. IN ADDITION, IF IN THE OPINION CYCLE THIRTY THREE STAFF, YOU WOULD BE AT PHYSICAL RISK USING CYCLE THIRTY THREE CLASSES AND FACILITIES, YOU WILL BE DENIED ACCESS TO CYCLE THIRTY THREE AND ITS CLASSES AND FACILITIES UNTIL YOU FURNISH CYCLE THIRTY THREE WITH AN OPINION LETTER FROM YOUR MEDICAL DOCTOR, AT YOUR SOLE COST AND EXPENSE, SPECIFICALLY ADDRESSING CYCLE THIRTY THREE’S CONCERNS, AND STATING THAT CYCLE THIRTY THREE’S CONCERNS ARE UNFOUNDED. IF YOU DECLINE TO OBTAIN SUCH A LETTER, YOU WILL NOT BE PERMITTED TO USE THE CLASSES AND FACILITIES OF CYCLE.

1. Medical Recommendations. Participant should consult with his or her physician or have a physical examination before enrolling in or participating in any of CYCLE THIRTY THREE , LLC classes and/or using CYCLE THIRTY THREE’S premises, facilities, equipment or services (collectively “Classes and Facilities”) especially if the Participant is elderly, pregnant, has a history of heart disease, high blood pressure or other chronic illness, or is unaccustomed to physical exertion or has other physical limitations.

2. Activity Risk. Any strenuous athletic or physical activity involves certain risks. Participant and his or her guests assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of CYCLE THIRTY THREE Classes and Facilities, and to protect against accidents by other participants, CYCLE THIRTY THREE reserves the right, in its sole discretion, to cease to provide services, stop working with, and/or remove any person (or persons) who CYCLE THIRTY THREE in its sole discretion feels presents potential harm, danger or disruption to themselves or anyone around them while engaging in any training or receiving any other services.

3. Participant’s Health Warranty. Participant represents that: (i) there are no medical or physical conditions that would preclude his or her use of CYCLE THIRTY THREE’S Classes and Facilities; (ii) he or she has not been instructed by any physician not to use CYCLE THIRTY THREE’S Classes and Facilities; (iii) he or she is in good health and has no disability, impairment, injury, disease or ailment preventing him or her from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. In addition, if in the opinion of CYCLE THIRTY THREE staff, Participant would be at physical risk using the Classes and Facilities, Participant will be denied access to CYCLE THIRTY THREE and its classes and Facilities until Participant furnishes CYCLE THIRTY THREE with an opinion letter from a medical doctor at Participant’s sole expense, specifically addressing CYCLE THIRTY THREE concerns, and stating that CYCLE THIRTY THREE’S concerns are unfounded if Participant declines to obtain such a letter, Participant will not be permitted to use the Classes and Facilities of CYCLE THIRTY THREE.

4. Liability Release and Indemnity. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Participant agrees to release and to hold harmless CYCLE THIRTY THREE , the Classes and Facilities, the respective directors, officers, representatives, members, agent and employees of CYCLE THIRTY THREE and the Classes and Facilities, and each of their respective affiliates (hereinafter collectively “Releasees”) from any and all liability, whether based on negligence, contract, tort, statute or otherwise, for any claim (including third party claims by the owners of the premises or other persons or entities), judgment, loss. Liability, cost and expenses (including, without limitations, attorneys’ fees and cost) arising out of or connected in any way with the Classes and Facilities, training, products, or other interaction Participant has with CYCLE THIRTY THREE or and Releasee (collectively, the “Services”), including but not limited to any claim arising out of or connected in any way with (i) any illness or injury (minimal, serious, catastrophic and/or death) that Participant may incur or sustain during or in any way in connection with the Services ( whether or not at the premises and whether or not relating to any new or pre-existing condition, disclosed or undisclosed), (ii) any act or omission of any kind or character (whether negligent, grossly negligent, tortuous or otherwise) of any employee, consultant, other independent contractor or other representative or CYCLE THIRTY THREE(whether at the premises, in connection with the Services, or otherwise) and (iii) all activities associated or connected in any way with the Services and while traveling to and from the premises, in each of the foregoing cases whether or not the Services are actually rendered in full or in part. Participant further expressly agrees to indemnify and hold harmless releases and releases’ heirs, successors, assigns, executors and administrators against loss from any further claims, demands or actions that may subsequently be brought by Participant or by any other persons on the account of damages of any character resulting to Participant in any way from the foregoing activities Participant further agrees to reimburse and to make good to release any loss, damages, or costs Releasees may have to pay as a result of any such action, claim, or demand, including but not limited to attorneys’ fees Participant understands that the foregoing waivers and indemnities are a material inducement to CYCLE THIRTY THREE to allow Participant to receive the Services, that CYCLE THIRTY THREE is expressly relying on such waivers and indemnities in allowing Participant to receive the Services, and that but for such waivers and indemnities Participant would not be permitted to receive the Services.

5. Medical Release. Participant acknowledges and agrees that receiving the Services subjects Participant to the risk of physical illness or injury (minimal, serious, catastrophic and/or death) and that Participant acknowledges that he or she is assuming the entire risk of such illness or injury by receiving the Services In the event of such illness or injury, Participant authorizes CYCLE THIRTY THREE to obtain necessary medical treatment for Participant and hereby releases and holds harmless releases in the exercise of this authority. Participant further acknowledges and understands that he or she will be responsible for any and all medical and related bills that may be incurred by Participant for any illness or injury that he or she may sustain in connection with the Services and while traveling to and from the site for the Services whether or not the Services are actually rendered.

Governing Law; Consent to Jurisdiction. This Agreement shall be governed by the laws and decisions of the State of California. Participant (and, if applicable, Participant’s parent or legal guardian if Participant is under the age of 18) hereby represents and warrants that (i) he or she has read this Participant Enrollments Form in its entirety and fully understand its contents; (ii) is aware that this Participant Enrollment Form releases the Releasees from liability and contains an acknowledgment of his or her voluntary and knowing assumption of the risk of injury or illness, and (iii) further acknowledges that nothing in this Participant Enrollment For constitutes a guarantee that the Services will be fully or partially rendered.