ASSUMPTION OF RISK, WAIVER, RELEASE AND INDEMNITY AGREEMENT

This Assumption of Risk, Waiver, Release and Indemnity Agreement (“Agreement”) is entered into by and between H.A.B.I.T. (Health Attitude Body Innovative Training) Inc. (“H.A.B.I.T”) a California Corporation, Antonios Tsakanias, an Individual, and personal trainers hired by and/or employed by and/or operating under H.A.B.I.T., Individuals (collectively known as “Trainers”) and the undersigned (hereinafter “Client” or “You”), (or, if Client is under 18 years of age, such Client’s parent or legal guardian) and is made in contemplation of Client’s engagement of Trainers to provide certain physical conditioning and personal training services from time-to-time during the term of such engagement.

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Because physical exercise, including but not limited to cardiovascular, weight, resistance, HIIT, and other forms of training can be strenuous and subject to risk of serious injury, including death, You are urged to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. By signing this agreement You are affirming that You are in good physical condition and/or do not suffer from any disability, condition, or medical impairment that would prevent or limit Your ability to perform physical exercise. You agree that by participating in physical exercise or training activities, You do so entirely at your own risk. Any suggestion by H.A.B.I.T., Trainers, and/or their affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns regarding changes in diet, including the use of food supplements, weight reduction and/or body building enhancement products are suggestions only and may not be suitable for Your current state of physical fitness or overall wellness. You acknowledge that it is entirely Your decision to adopt any suggestions made by H.A.B.I.T., Trainers, and/or their affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns and You acknowledge that You should consult a physician prior to undergoing any dietary or food supplement changes, or undertaking strenuous exercise. You agree that You are voluntarily participating in the activities conducted by H.A.B.I.T., Trainers, and/or their affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns and are using the facilities and/or premises voluntarily. You assume all risks of injury, illness, or death. H.A.B.I.T., Trainers and/or its affiliates, employees, agents, representatives, successors, heirs, or assigns are also not responsible for any loss, damage, or destruction of Your personal property.

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ASSUMPTION OF RISK: You agree that if You engage in any physical exercise or activity, including but not limited to personal training, or enter H.A.B.I.T.’s premises or use any facility or equipment on H.A.B.I.T.’s premises for any purpose, You do so at your own risk and assume the risk of any and all injury and/or damage you may suffer, whether You are on such premises for personal training activities or otherwise. Such risk includes injury or damage sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to You by H.A.B.I.T., Trainers, and/or their affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns, including injuries or damages arising out of the negligence of H.A.B.I.T., Trainers, and/or their affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns. Your assumption of risk includes, but is not limited to, Your use of any exercise equipment (including but not limited to mechanical, free weight, stationary or mobile), or engaging in any activity conducted by H.A.B.I.T., Trainers, and/or their affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns Trainers, at H.A.B.I.T.’s facilities and/or premises, or at any other location, facility or geography. You assume the risk of your participation in any activity, class, program, instruction, or event, including but not limited to, weightlifting, training, walking, jogging, running, hiking, aerobic activities, aquatic activities, tennis, basketball, football, volleyball, racquetball, or any other training, sporting or recreational endeavor. You agree that You are voluntarily participating in the any or all of the foregoing activities and assume all risk of injury, illness, damage, or loss to you or your property that may result, including, without limitation, any loss or theft of personal property, whether arising out of the negligence of Trainers or otherwise.

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WAIVER & RELEASE: You agree on behalf of yourself (and your representatives, heirs, executors, administrators, agents, and assigns) to release and discharge H.A.B.I.T., Trainers, and/or their affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns from any and all claims or causes of action (known or unknown) arising out of the presumed or alleged negligence of H.A.B.I.T., Trainers, and/or their affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction, (b) improper maintenance of any exercise equipment, premises or facilities, (c) engaging in any activity that is not suitable for your state of physical conditioning, (d) negligent instruction or supervision, including personal training, (e) negligent hiring or retention of employees, and/or (f) slipping or tripping and falling while on any portion of a premises or while traveling to or from the premises for personal training or otherwise, including injuries resulting from H.A.B.I.T., Trainers, and/or their affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns negligent inspection or maintenance of the facility or premises.

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INDEMNIFICATION: By execution of this Agreement, You hereby agree to indemnify and hold harmless H.A.B.I.T., Trainers, and/or their affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns from and against any loss, liability, damage, or cost H.A.B.I.T., Trainers, and/or their affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns may incur as a direct result of the physical exercise and/or activity provided to You.

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ACKNOWLEDGMENTS: You expressly agree that this Agreement is intended to be as broad and as inclusive as permitted by law and that if any portion hereof is held invalid, it is agreed that the remainder of this Agreement shall continue in full legal force and effect. Notwithstanding the foregoing, H.A.B.I.T., Trainers, and/or their affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns acknowledge that this Release does not extend to any gross negligence or intentional act of H.A.B.I.T., Trainers and/or their affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns. You acknowledge that H.A.B.I.T. and/or Trainers offer a service to their clients encompassing the entire recreational and/or fitness spectrum. H.A.B.I.T. and/or Trainers are not in the business of selling weightlifting equipment, exercise equipment, dietary supplements or programs, or other such products to the public, and the use of such products is incidental to the service provided to You by H.A.B.I.T. and/or Trainers. You acknowledge and agree that H.A.B.I.T. and/or Trainers does not place such items into the stream of commerce, directly or indirectly.

This Agreement shall be interpreted and enforced in accordance with the laws of the State of California without concern for conflicts of laws principles. Any action arising from this Agreement shall be brought within the County of Orange, State of California, and each party hereby consents to the jurisdiction of such courts. Should any such action arise, the prevailing party shall be entitled to reasonable attorney’s fees and other costs incurred in such action. Notwithstanding anything herein to the contrary, the parties may mutually elect to resolve any dispute arising hereunder through alternative dispute resolution methods such as a professional third-party mediation or arbitration service.

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You acknowledge that You have carefully read this Agreement and fully understand that it is a release of liability, an express assumption of risk, and an indemnity agreement. You are aware and agree that by executing this Agreement, you are giving up your right to bring a legal action or assert a claim against H.A.B.I.T., Trainers, and/or their affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns for H.A.B.I.T., Trainers, and/or their affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns presumed or alleged negligence, or for any defective product used while receiving personal training from H.A.B.I.T., Trainers, and/or their affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns. You have read and voluntarily signed this Agreement and further agree that no oral representations, statements, or inducement apart from the foregoing Agreement have been made.

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Coronavirus/COVID-19 Liability Waiver and Assumption of Risk

You recognize that there are certain inherited risks associated with COVID -19, acknowledge the contagious nature of COVID-19 and understand that the Center for Disease Control and Prevention and published health authorities recommend the practice of social distancing, and You assume full responsibility for personal injury, illness, permanent disability and/or illness, and/or death, to yourself and, if applicable, family members, friends, or other persons to which You may have contact with and further release and discharge H.A.B.I.T., Trainers, and/or their affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns for any and all injury, loss, or damage arising out of Your use of or presence at H.A.B.I.T.’s and/or Trainers' facilities whether or not caused by or the fault of H.A.B.I.T., Trainers, and/or their affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns or other third parties who utilize H.A.B.I.T.’s and/or Trainers’ facilities and/or premises. You agree to identify and defend H.A.B.I.T., Trainers and/or or their affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns against all claims, causes of action, damages, judgments, cost or expenses, including attorney fees and other litigation costs, which may in any way arise from Your use of or presence at H.A.B.I.T.’s and/or Trainers' facilities whether or not caused by or the fault of H.A.B.I.T., Trainers, and/or their affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns or other third parties who utilize H.A.B.I.T.’s and/or Trainers’ facilities and/or premises. You further agree to stay home if You’re experiencing any symptoms of COVID-19, including or not limited to, fever, chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, loss of taste or smell, sore throat, congestion or runny nose, nausea and vomiting, or diarrhea as outlined by the Center for Disease Control and Prevention, if You have been exposed to COVID-19, or have tested positive for COVID-19 in the last two weeks. —— Terms & Conditions By signing this agreement, You further understanding that H.A.B.I.T., Trainers, and/or their affiliates, related entities, employees, agents, representatives, successors, heirs, and assigns may occasionally be photographing and/or videotaping during sessions and/or classes. These photos are the property of H.A.B.I.T. and no compensation will be provided if the photos are used for promotional purposes, included but not limited to, publicity, advertising, illustration, web or social media content, or other copyright purposes. If You do not want Your picture to be taken, it is Your responsibility to let the photographer know. Any and all purchases including the sale of sessions, classes, and/or packages are final sale. Any and all purchases are non-transferable unless other agreed to by the parties. Rescheduling or cancellations are required at least 24 hours prior to your scheduled class and/or session. Reschedules or cancellations after that 24 hour window are subject to charge.