SUMMER’S FITNESS FITNESS RELEASE AND WAIVER

THIS DOCUMENT IS A CONTRACT WITH LEGAL CONSEQUENCES

In consideration of Summer’s Fitness, Inc. and Summer Montabone (together, referred to as “Summer”) granting me permission to use Summer’s Fitness owned by SLS Fitness LLC (together referred to as “Gym”), I hereby agree to release Summer’s Fitness, Inc, its employees, officers, shareholders, agents and the like; Summer Montabone and Summer’s Fitness from liability and make the following representations:

1. I realize the risks of cardiovascular exercise, weight training and/or fitness training and am fully aware of the possibility of mechanical and/or other malfunctions of cardiovascular equipment, weight machines, and/or weight machines and apparatus (“Equipment”) due to the negligence of Summer or the Gym, or otherwise, as well as the possibility of injury to my person as a result of the use of such Equipment. I am also fully aware of the possibility of injury arising from the training services and consultation (‘Services”) provided to me by Summer.
2. I fully understand and I am mindful of the serious consequences that might result due to involvement of cardiovascular exercise, weight lifting, weight training and/or body building while at the Gym and, based on that understanding, as set forth within this document, I voluntarily assume any and all risk of loss, damage or injury of any kind whatsoever from my use of any and all of the Equipment and facilities of the Gym and further, and with full knowledge of the consequences, expressly waive any and all liability on the part of Summer or the Gym from my use of the Gym and its equipment and facilities. I further release Summer and the Gym from any liability arising out of the Services provided to me while on the premises of the Gym.
3. I am physically sound and have medical approval to proceed with the normal routine of exercise. All exercises shall be undertaken by me at my sole risk. I am in good health and have no physical conditions that would be aggravated by my involvement in cardiovascular exercise, weight lifting, weight training and/or body building, nor do I have any physical limitations that would preclude said involvement. I also release Summer and the Gym from liability for their negligence, defective equipment, injuries from dangerous conditions of property and the like.
4. I will save harmless and keep indemnified Summer and the Gym from and against any and all actions, claims, costs, expenses or demands in respect of any injury or injuries, including death, however so caused, arising out of or in connection with my use of the Gym and notwithstanding that the same may have been contributed to or occasioned by the negligence of Summer or the Gym.
5. Photo/Video/Audio Recording Release: I hereby give Summer’s Fitness the absolute and irrevocable right and permission to take, use, re-use, publish, and re-publish photographic/video images and/or audio recordings in whole or in part, individually or in conjunction with other photographs, in any medium for publicity purposes, including without limitation, for purposes of illustration, promotion, advertising and trade. This authorization and release shall also inure to the benefit of the legal representatives, licensees, and assigns of the parties.

Every term and provision of this Release is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions which shall remain binding and enforceable.

HAVING READ THE ABOVE TERMS AND INTENDING TO BE LEGALLY BOUND HEREBY AND UNDERSTANDING THIS DOCUMENT TO BE A COMPLETE WAIVER AND DISCLAIMER IN FAVOR OF SUMMER AND THE GYM OF ANY AND ALL LIABILITY.