TERMS OF SERVICE

RELEASE AND WAIVER OF LIABILITY

The Participant desires to participate in the fitness training services (the “Training”) offered by Heather C Fitness, LLC d/b/a mXe, a Minnesota limited liability company (the “Company”). In consideration of the Participant being permitted to participate in the Training and all of its activities, the Participant (the “undersigned”) acknowledges and agrees that:


1. The undersigned has investigated and understands the nature of the Training and its related activities and represents and warrants the Participant is qualified, in good health, and in proper physical condition to participate in such activities, and that the Participant is suffering from no condition, impairment, disease, infirmity, or other illness that would put him/her at risk as a result of participation in the Training. The undersigned further agrees that if at any time during the Training the Participant feels ill or otherwise uncomfortable with engaging in the activities, the Participant will immediately stop participating in the activities.

2. The undersigned understands that the Training involves risks and dangers which could include serious illness and bodily injury, including permanent disability, paralysis and death, and that there may be other risks either not known or not readily foreseeable at this time. The undersigned fully accepts and assumes all risks and all responsibility for all losses, costs, and damages the Participant incurs as a result of participation in the Training. Further, the undersigned acknowledges that the Company does not guarantee specific fitness results without Participant’s commitment and ability to set and meet clear and realistic goals specific to Participant’s health, endurance and strength. The undersigned accordingly does hereby assume all responsibility for the results that Participant desires to achieve through Participant’s participation in the Training and agrees that payment in full to the Company for the Training shall in no way be conditioned upon any specific results. The undersigned hereby certifies that he/she has disclosed in writing to the Company any known physical or mental illness or weakness that would increase the risk to Participant of participation in exercise. The undersigned does hereby assume all responsibility for Participant’s actions and physical conditions, including injuries, arising from Participant’s participation in any activity with the Company.

3. The undersigned hereby waives, releases, forever discharges and covenants not to sue the Company or any of its members, agents, independent contractors, employees, representatives, heirs, personal representatives, executors, successors and assigns (individually, a “Released Party” and collectively, the “Released Parties”) from any and all liabilities, claims, demands or actions for personal injury (including death), illness, accident, property damage or any other loss, damage, injury, judgment, cost or expense resulting directly or indirectly from any act or failure to act, including negligence, sole negligence or gross negligence by or on the part of a Released Party or the Released Parties, which may in any way arise out of or relate to the Training. The undersigned further agrees that if, despite this Release and Waiver of Liability, he/she or anyone on his/her behalf brings a claim against a Released Party, the undersigned will indemnify and hold harmless each Released Party from all claim or litigation expenses, attorney fees, losses, liabilities, damages, or costs which any Released Party may incur as the result of such claim or action.

4. The undersigned understands and fully recognizes that as a result of his/her execution of this document, in the event the Participant suffers any injury (including death), illness or accident or suffers any other loss as a result of participating in the Training, the undersigned will have forfeited and waived all of his/her rights and those of his//her family or any of his/her heirs, personal representatives, executors, successors or assigns to make any claim or file any lawsuit or cause of action against a Released Party or the Released Parties.

5. The undersigned hereby authorizes and grants a worldwide, royalty free, non-terminable, transferable license and right to use as solely determined by the Company photographs or videos (including any and all statements made therein) taken of Participant as a part of the Company’s performance of services under this agreement or use in print, online, and video based marketing materials. The undersigned hereby releases and holds harmless the Company from any reasonable expectation of privacy or confidentiality associated with the images specified above. Participant further acknowledge that the participation is voluntary and that Participant will not receive financial compensation of any type associated with the taking or publication of these photographs or statements.

6. The undersigned expressly agrees that this Release and Waiver of Liability shall be governed by the laws of the State of Minnesota; that this Release and Waiver of Liability is intended to be as broad and inclusive as permitted by the laws of the State of Minnesota; and that if any portion hereof is held invalid, it is agreed that the balance hereof shall continue in full legal force and effect.

The undersigned hereby affirms that he/she is at least 18 years of age and is competent to execute this Release and Waiver of Liability. The undersigned also affirms that he/she has read and fully understands this Release and Waiver of Liability and that he/she has voluntarily signed this Release and Waiver of Liability and agrees to be bound by its terms.