Sign the Sweat Equity waiver

v.1

Waiver and Release of Liability, Assumption of Risk, Indemnity Agreement, and Arbitration Agreement

This Waiver and Release of Liability, Assumption of Risk, Indemnity Agreement, and Arbitration Agreement ("Agreement") is entered into by the undersigned participant ("Member," "Participant," or "I") in favor of Sweat Equity, including its owners, operators, managers, members, shareholders, affiliates, subsidiaries, parent companies, employees, contractors, trainers, instructors, agents, representatives, volunteers, successors, and assigns (collectively, the "Sweat Equity").

1. 1. Acknowledgment of Risks

   I understand and acknowledge that participation in activities at the Sweat Equity involves inherent, known, unknown, anticipated, and unanticipated risks that may result in bodily injury, illness, permanent disability, paralysis, emotional distress, property damage, death, or other losses.

   These risks include, without limitation:

   • Slips, trips, and falls;
   • Improper use or malfunction of equipment;
   • Equipment breakage or failure;
   • Negligence of other members, guests, trainers, or staff;
   • Exposure to bacteria, viruses, infectious diseases, or communicable illnesses;
   • Overexertion;
   • Muscle strains, sprains, tears, fractures, heart attack, stroke, dehydration, concussion, or other medical conditions;
   • Injuries arising from group fitness, stretching, yoga, sauna use, steam room use, cryotherapy, massage therapy, recovery services, personal training, group classes, or wellness treatments;
   • Dangerous or defective premises conditions;
   • Exposure to wet surfaces, chemicals, heat, or cold;
   • Actions or omissions of Sweat Equity or third parties.

   I understand that these risks cannot be eliminated without fundamentally altering the nature of the activities.

2. 2. Voluntary Participation

   I voluntarily elect to participate in all activities at Sweat Equity with full knowledge of the associated risks. I acknowledge that participation is entirely voluntary and that I may discontinue participation at any time.

3. 3. Health Representations

   I represent and warrant that:

   • I am physically and mentally capable of participating in Sweat Equity activities;
   • I have no medical condition that would prevent safe participation;
   • I have consulted a physician if I have any doubt regarding my fitness for participation;
   • I will immediately stop participation and seek medical assistance if I experience dizziness, pain, shortness of breath, or discomfort;
   • I am not relying upon any statement or representation made by Sweat Equity regarding my physical condition or fitness.

   I understand that Sweat Equity is not providing medical advice, diagnosis, or treatment.

4. 4. Assumption of Risk

   TO THE FULLEST EXTENT PERMITTED UNDER NEVADA LAW, I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISKS OF INJURY, ILLNESS, DAMAGE, LOSS, OR DEATH ARISING OUT OF OR RELATED TO MY PARTICIPATION IN ANY ACTIVITY AT OR ASSOCIATED WITH SWEAT EQUITY, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE.

5. 5. Release and Waiver of Liability

   TO THE FULLEST EXTENT PERMITTED BY NEVADA LAW, I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE SWEAT EQUITY FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, ATTORNEYS' FEES, OR LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO:

   • PERSONAL INJURY;
   • PROPERTY DAMAGE;
   • ILLNESS;
   • ECONOMIC LOSS;
   • WRONGFUL DEATH; OR
   • ANY OTHER LOSS OR DAMAGE,

   WHETHER CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF SWEAT EQUITY OR OTHERWISE.

   THIS RELEASE INCLUDES CLAIMS ARISING FROM THE ALLEGED NEGLIGENCE OF SWEAT EQUITY, INCLUDING NEGLIGENT SUPERVISION, NEGLIGENT INSTRUCTION, NEGLIGENT MAINTENANCE, NEGLIGENT HIRING, OR NEGLIGENT FAILURE TO WARN.

   HOWEVER, THIS AGREEMENT DOES NOT RELEASE CLAIMS ARISING FROM GROSS NEGLIGENCE, RECKLESS CONDUCT, OR INTENTIONAL MISCONDUCT TO THE EXTENT SUCH RELEASE IS PROHIBITED UNDER NEVADA LAW.

6. 6. Indemnification

   I agree to indemnify, defend, and hold harmless Sweat Equity from and against any and all claims, liabilities, damages, costs, losses, expenses, or attorneys' fees arising from:

   • My acts or omissions;
   • My use of the facilities;
   • My violation of Sweat Equity policies;
   • Injuries or damages caused by me to any third party;
   • Any claim brought by or on behalf of a minor for whom I sign this Agreement.

7. 7. Emergency Medical Care

   I authorize Sweat Equity to obtain emergency medical care on my behalf if deemed necessary. I understand that Sweat Equity has no obligation to provide medical assistance.

   I agree to be solely responsible for all medical costs incurred as a result of any injury or medical treatment.

8. 8. Rules and Policies

   I agree to comply with all Sweat Equity rules, policies, instructions, and safety procedures, whether written or oral. I understand that violation of Sweat Equity rules may result in suspension or termination of membership without refund.

9. 9. Personal Property

   I understand that Sweat Equity is not responsible for lost, stolen, or damaged personal property, including items left in lockers, vehicles, or elsewhere on the premises.

10. 10. Photo, Video, and Media Release

    I grant Sweat Equity permission to photograph, record, or otherwise capture my likeness while on the premises and to use such materials for promotional, advertising, social media, or commercial purposes without compensation, unless prohibited by law.

11. 11. Guests and Minors

    If I am signing on behalf of a minor participant, I represent and warrant that I am the parent or legal guardian of the minor and have legal authority to execute this Agreement.

    I agree that:

    • The minor shall be bound by this Agreement to the fullest extent permitted by law;
    • I release and waive claims on behalf of the minor;
    • I shall indemnify and hold harmless Sweat Equity from any claims asserted by or on behalf of the minor.

12. 12. No Warranties

    Sweat Equity makes no warranties regarding:

    • Safety of equipment;
    • Availability of services;
    • Results from participation;
    • Security of personal property;
    • Fitness or effectiveness of programs or treatments.

    All facilities and services are provided "AS IS" and "AS AVAILABLE."

13. 13. Arbitration Agreement

    ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR PARTICIPATION AT SWEAT EQUITY SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION IN CLARK COUNTY, NEVADA, PURSUANT TO THE FEDERAL ARBITRATION ACT AND THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.

    THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY.

    THE PARTIES FURTHER WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION.

    Each party shall bear its own attorneys' fees and costs unless otherwise awarded by the arbitrator or authorized by law.

14. 14. Governing Law and Venue

    This Agreement shall be governed by and construed under the laws of the State of Nevada without regard to conflict of law principles.

    To the extent any dispute is not subject to arbitration, exclusive venue shall lie in the state or federal courts located in Clark County, Nevada.

15. 15. Severability

    If any provision of this Agreement is found unenforceable or invalid, the remaining provisions shall remain in full force and effect.

16. 16. Entire Agreement

    This Agreement constitutes the entire agreement between the parties regarding liability and supersedes all prior oral or written agreements or representations.

    No oral representations or statements shall modify this Agreement.

17. 17. Acknowledgment of Understanding

    I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS TERMS.

    I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

    I UNDERSTAND THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT BETWEEN ME AND SWEAT EQUITY.

    I SIGN THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.