ASSUMPTION OF RISKS, RELEASE OF CLAIMS, AND INDEMNITY AGREEMENT – SWEAT PNW LLC

Sweat PNW LLC, an Oregon limited liability company (“Sweat PNW”), offers fitness programs, services, materials, equipment, facilities, and events through which participants engage in exercise and other physical activities, education, therapeutic services, such as Fire and Ice Therapy (as defined below), and related activities, including, without limitation, personal training, group fitness classes, and Lifestyle Challenges (collectively, “Activities”). Before any person is permitted to participate in any Sweat PNW Activities, each participant must sign this Assumption of Risks, Release of Claims, and Indemnification Agreement (this “Release”).

In consideration of you being permitted to participate in and as a condition of your participation in any Sweat PNW Activities, you (references to “you” or the “Participant” in this Release refer to the person signing this Release in order to participate in Sweat PNW Activities) accept and agree to the following terms and conditions in favor of Sweat PNW and the Additional Released Parties (as defined below). If you do not agree to the terms and conditions of this Release, you will not be permitted to participate in any Sweat PNW Activities. 

BY SIGNING THIS RELEASE, YOU WAIVE IMPORTANT LEGAL RIGHTS YOU MAY HAVE, INCLUDING THE RIGHT TO SUE. YOU REPRESENT THAT: (1) YOU UNDERSTAND THIS RELEASE; (2) YOU HAVE CAREFULLY READ THIS RELEASE, INCLUDING, WITHOUT, LIMITATION, ITS PROVISIONS RELATED TO ASSUMPTION OF RISKS, RELEASE OF CLAIMS, LIMITATION OF LIABILITY, AND INDEMNITY; AND (3) YOU FREELY ACCEPT AND AGREE TO BE LEGALLY BOUND BY THIS RELEASE.

1. My Eyes Are Open and I Assume All Risks. Fitness activities, including all Sweat PNW Activities in which you participate, can be dangerous and physically strenuous. By their very nature, fitness activities involve certain inherent risk that cannot be eliminated regardless of care taken to avoid injuries. Risks of fitness activities, including all Sweat PNW Activities, vary depending on the circumstances, may increase by performing fitness activities incorrectly, and may include occurrences such as falls, fainting, communicable disease, loss of balance or dizziness, twisted joints, bruises, injured bones or muscles, exhaustion, encounters with or impacts to or from other participants, or other incidents that could result in property damage and injuries ranging from minor injuries to major and catastrophic injuries, such as spinal injury, head trauma, brain damage, paralysis, or even death. Sweat PNW does not provide health or medical advice or treatment and it is your sole responsibility to conduct your own due diligence, to your satisfaction, as to the particular activities involved in Sweat PNW Activities. The Participant acknowledges and agrees that it is not possible to specifically list every risk associated with Sweat PNW Activities and that some risks are unknown. Fitness activities, including all Sweat PNW Activities, are voluntary and the Participant is solely responsible for determining whether Sweat PNW Activities are suitable for the Participant and assessing the risks and hazards of participation. The Participant acknowledges and agrees that the Participant is solely responsible for consulting with a physician or health professional prior to and regarding the Participant’s participation in Sweat PNW Activities. The Participant represents and warrants that the Participant has no medical, psychological, or other health conditions that would prevent, hinder, or otherwise affect the Participant’s full participation in Sweat PNW Activities or cause harm to the Participant or others. If the Participant is or becomes pregnant, the Participant represents and warrants that the Participant has sought medical advice and obtained the approval of the Participant’s physician or health professional prior to participation in Sweat PNW Activities. The Participant acknowledges and agrees that if at any time the Participant believes conditions to be unsafe, the Participant will immediately discontinue further participation in Sweat PNW Activities and report any unsafe conditions to Sweat PNW. The Participant acknowledges and agrees that actual results of Sweat PNW Activities may vary based on a range of circumstances affecting the Participant, and neither Sweat PNW nor any of the Additional Released Parties (as defined below) have made any representations or warranties as to the results that may be obtained from Sweat PNW Activities. 

The Participant acknowledges that the Participant has had the opportunity to ask questions and obtain desired information regarding Sweat PNW Activities to the Participant’s satisfaction.

THE PARTICIPANT VOLUNTARILY ASSUMES ALL RISKS, KNOWN OR UNKNOWN, RELATED TO, RESULTING FROM, OR ARISING OUT OF THE PARTICIPANT’S ATTENDANCE AT OR PARTICIPATION IN SWEAT PNW ACTIVITIES.

1. Risks of Infrared Sauna and Ice Bath Activities. Without limiting the generality of the foregoing, the Participant acknowledges and agrees that Sweat PNW Activities may include use of an infrared sauna and ice bath therapy, and related activities (commonly referred to as “Fire  and Ice Therapy”), which, like all Sweat PNW Activities, involve certain inherent risks that cannot be eliminated regardless of care taken to avoid injuries. Risks of Fire and Ice Therapy vary depending on the circumstances, may increase by incorrectly using or misusing infrared sauna and ice bath therapy, and may include occurrences such as extreme heat, heat exhaustion, dehydration, extreme cold, slippery surfaces and floors, and exposure to substances emanated from, or used to operate or maintain associated equipment, in addition to the other risks associated with all Sweat PNW Activities. The Participant acknowledges and agrees that the Participant is solely responsible for consulting with a physician or health professional prior to and regarding the Participant’s use of the Fire and Ice Therapy, and that neither Sweat PNW nor any of the Additional Released Parties (as defined below) have made any representations or warranties as to the results that may be obtained from use of  Fire and Ice Therapy, or as to the advisability of the Participant’s participation in such activities. If any of the following apply to or are experienced by the Participant, the Participant will not use, and will immediately discontinue further use of, Fire and Ice Therapy, unless and until the Participant’s physician or licensed health professional approves the Participant’s participation in such activities: use of prescription medication; cardiovascular conditions, including use of a pacemaker or defibrillator; substance abuse; chronic conditions; joint injury or any infections; surgical implants; pregnancy; hemophilia; fever; heat sensitivity; or dizziness, pain, or discomfort during use of a sauna, participation in ice bath therapy, or participation in any related activities. 

1. Release of Claims; Limitation of Liability; Indemnity. In consideration of the Participant being permitted to attend and participate in Sweat PNW Activities, the Participant releases Sweat PNW and each of its present and future successors, assigns, directors, officers, members, managers, employees, contractors, agents, representatives, and other personnel (collectively, the “Additional Released Parties”) from and against any and all claims, actions, proceedings, damages, liabilities, and expenses of every kind, whether known or unknown and whether or not foreseeable, including, without limitation, those for or relating to bodily injury, property damage, or loss of life that in any way relates to, results from, or arises out of the Participant attending or participating in any Sweat PNW Activities. This Release applies to any claim for property damage, bodily injury, or death, even if caused by the negligence of one or more of Sweat PNW or the Additional Released Parties; provided, however, that the provisions of this paragraph will not operate to release a person from the person’s own gross negligence, intentional misconduct, or recklessness. 

In addition to (and not in limitation of) the above release, and to the maximum extent permitted by applicable law, neither Sweat PNW nor any of the Additional Released Parties will be liable to the Participant under any cause of action, whether in contract, tort, or otherwise, for any indirect, special, incidental, consequential, or punitive damages, even if advised of the possibility of such damages. 

The Participant agrees to defend and indemnify Sweat PNW and the Additional Released Parties from and against any and all claims, actions, proceedings, damages, liabilities, and expenses of every kind that in any way relate to, result from, or arise out of the Participant attending or participating in any Sweat PNW Activities.

1. Consent to Use of Photography. The Participant acknowledges and agrees that Sweat PNW may take photographs of Sweat PNW Activities, including the Participant. The Participant grants Sweat PNW an irrevocable, worldwide, perpetual, fully-paid right and license to: use, copy, distribute, or duplicate such photographs, including, without limitation, by posting such photographs to Sweat PNW websites, social media platforms, or other marketing or advertising channels. 

1. Governing Law. This Release is governed by and to be construed in accordance with the laws of the State of Oregon, the state in which this Release is entered and delivered, without giving effect to any conflict-of-law principle that would result in the laws of any other jurisdiction governing or applying to this Release. Any disputes relating to, resulting from, or arising out of the Participant’s traveling to, attending, or participating in any Sweat PNW Activities will be litigated exclusively in courts located in Deschutes County, Oregon, or in the United States District Court for the District of Oregon, Eugene Division. 

1. Miscellaneous Provisions. (i) If a provision of this Release is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions of this Release will not be impaired; (ii) this Release is binding on Sweat PNW and the Participant, and all of their respective guardians, heirs, personal representatives, successors, and permitted assigns, and will inure to their benefit and to the benefit of the Additional Released Parties (all of whom are third-party beneficiaries of this Release); (iv) the language in this Release will be construed (a) according to its fair meaning and not strictly for or against any person, and (b) without regard for who was responsible for drafting it; (v) the term “person” means any natural person, partnership, corporation, limited liability company, or other type of entity; (vi) this Release contains the entire understanding of the parties regarding its subject matter; and (vii) this Release may be amended only by a written document signed by the person against whom enforcement is sought. 

By your signature below, you represent that you have read and understood the contents of this Release, agree to its terms, and have either consulted with legal counsel or knowingly and voluntarily waived your right to do so.

IF THE PARTICIPANT IS UNDER 18 YEARS OF AGE, THE PARENT/LEGAL GUARDIAN OF THE PARTICIPANT MUST SIGN THIS RELEASE FOR THE PARTICIPANT. 

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Name of Participant (Please Print) Date of Birth

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Signature of Participant (or Parent/Legal Guardian if under 18) Date