Waiver of liability

It is expressly agreed that all use of the Mulas Health & Fitness, Inc. (d.b.a. 5 ELEMENTS STUDIO) facilities and any transportation provided by 5 ELEMENTS STUDIO shall be undertaken by the member, the member’s dependent(s) or guest(s) at his/her sole risk. 5 ELEMENTS STUDIO shall not be liable for any injuries or damages to any member, dependent(s), or guest(s), or be subject to any claim, demand, injury, or damages whatsoever, including, and with limitation, those damages resulting from acts or negligence on the part of 5 ELEMENTS STUDIO, its officers, employees, independent contractors,
partners or agents. The facilities and activity programs offered by 5 ELEMENTS STUDIO have been designated and established to provide the optimum level of beneficial exercise and enjoyment. Because of the nature of the programs available at 5 ELEMENTS STUDIO and the equipment which is an integral part of many of these activities or taking advantage of the various other activities at 5 ELEMENTS STUDIO. 5 ELEMENTS STUDIO would enlist members assistance in assuring that the facilities and the equipment are utilized in a proper manner so that those inherent risks, which exist under the control of 5 ELEMENTS STUDIO as well as those outside the control of 5 ELEMENTS STUDIO and partially within the control of each individual participant, are minimized by the participant’s thoughtful and cautious use of both the equipment and the facilities in general.

For and in consideration of the mutual promises and agreements contained herein, the applicant hereby acknowledges the existence ofcertain risks inherent in the activities which take place at 5 ELEMENTS STUDIO and, if granted a membership to 5 ELEMENTS STUDIO, hereby agrees to assume the full risk and responsibility for any injury he/ she may sustain in the course of his/her use of 5 ELEMENTS STUDIO facilities and/or equipment. Specifically, the undersigned hereby accepts full responsibility for, and hereby waives any claim he/she may have against 5 ELEMENTS STUDIO for, any injury to his/her person or property arising from or related to any activity conducted at or sponsored by 5 ELEMENTS STUDIO, including but not limited to, the use of exercise equipment and the participation in supervised and unsupervised activities (including, but not limited to, activities in mixed martial arts area, or in strength training or cardiovascular areas) as well as all other individual and group activities at 5 ELEMENTS STUDIO. In addition, the undersigned hereby accepts full responsibility for, and hereby waives any claim he/she may have against 5 ELEMENTS STUDIO for, any injury to his/her person or property arising from his/ her use of 5 ELEMENTS STUDIO facilities, in general, including, but limited to, 5 ELEMENTS STUDIO locker rooms, wet areas, and shower rooms.

5 ELEMENTS STUDIO shall not be responsible or liable to members or their guests for articles damaged, lost or stolen in or about 5 ELEMENTS STUDIO, lockers, or for loss or damage to any property, including but not limited to, automobiles and the contents thereof. Members and guests of members who bring their children to 5 ELEMENTS STUDIO agree to accept full responsibility for the safety and well being of their children and agree to maintain control and discipline over their children while they are at 5 ELEMENTS STUDIO. All members, dependents, and guests are strongly urged to have a complete physical examination before participating. Physical exams should be performed yearly and anyone 35 years of age or beyond should include a yearly stress EKG as a part of their examination. 5 ELEMENTS STUDIO and the American College of Sports Medicine
recommend that men age 45 and older, and women age 55 and older (or) those with two or more major risk factors have a maximal treadmill exercise test prior to beginning a vigorous exercise program. Major risk factors include; hypertension, abnormal cholesterol, current smoking, family history, diabetes mellitus, sedentary lifestyle and obesity. Anyone with an existing medical condition that is under a physicians care, or is taking prescription drugs should consult their physician before
beginning a vigorous exercise program.

5 ELEMENTS STUDIO reserves the right to take photographs, produce slides, and film 5 ELEMENTS STUDIO activities and use these for promotion and advertising. Members, guests, and dependents consent to this policy by virtue of their 5 ELEMENTS STUDIO use.

Having read the preceding, the undersigned, for himself/herself and on behalf of his/her executors, administrators, heirs, assigns and successors, acknowledges his/her understanding of those risks set forth herein, knowingly agrees to accept full responsibility for his/her own exposure to such risks and does hereby expressly forever release and discharge 5 ELEMENTS STUDIO, its owner, officers, employees, agents, assigns and successors from all such claims, demands, injuries, damages, actions or causes of action. In addition, the undersigned hereby agrees to indemnify 5 ELEMENTS STUDIO, its owner, officers, employees, agents assigns and successors for any and all costs, liabilities and losses arising from the undersigned’s or undersigned’s invitee, injury at 5 ELEMENTS STUDIO.

AMENDMENT OF RULES AND REGULATIONS

5 ELEMENTS STUDIO may from time to time adopt other rules, regulations or policies not herein covered, and all members will be obligated to comply with such rules, regulation or policies not herein covered.