Liability Waiver

The Member acknowledges that he/she is in good physical health and has no medical or physical condition which limits his/her ability to safely use the exercise equipment and/or facilities of NEW HORIZON FITNESS CENTER LLC. Further, the Member acknowledges that he/she is familiar with the operation and use of all exercise equipment and fitness facilities of NEW HORIZON FITNESS CENTER LLC, and requires no instruction or supervision in the use thereof. THE MEMBER REPRESENTS AND AGREES THAT ALL EXERCISES AND THE USE OF THE FITNESS FACILITIES, MACHINE, EQUIPMENT, AMENITIES AND/OR HIS/HER PROPERTY NOR BE SUBJECT TO ANY CLAIM, DEMAND, INJURY OR DAMAGES WHAT- SOEVER, INCLUDING WITHOUT ANY LIMITATION, THOSE DAMAGES RESULTING FROM ACTS OF ACTIVE OR PASSIVE NEGLIGENCE ON THE PART OF NEW HORIZON FITNESS CENTER LLC. Additionally, if any accident or injury is caused by a defect or faulty design of the facilities, machinery, equipment amenities and/or apparatus (collectively, the “equipment”), the Member or injured party agrees to direct any claim against the manufacturer of the equipment and agrees to hold New Horizon Fitness Center LLC, harmless in connection therewith. In consideration for being permitted to use the exercise equipment and facilities, the undersigned agrees to hold harmless, release and forever discharge NEW HORIZON FITNESS CENTER LLC, its affiliated, subsidiary and parent corporation, partnership and limited liability companies, and their successors, assigns, shareholders, partners, Members, officers, directors, employees, agents and representatives, from any and all claims, demands, rights, causes of action, damages losses, costs, expenses, present or future, now existing or which may hereafter accrue, whether known or unknown, anticipated or unanticipated, and the consequences thereof, resulting from or arising out of, or incident to this Agreement and/or the Member’s use of the New Horizon Fitness Center LLC exercise equipment and facilities. Member’s represents that Member is covered by his/her own insurance policies covering all injuries to them personally or which they may cause to others or which may be caused to them by others. The member agrees to assume the extra risk of exercising and using the facility without staff present and I understand that my selection of exercise programs, time of day, and types of equipment will be my sole responsibility.