Guest Waiver & Release of Liability

Agreement

EXPRESS WRITTEN CONSENT: By signing below, Guest authorizes Fitness 19 and/or its service providers to send text, email and/or pre-recorded phone messages to Guest at the telephone number or email address provided above for purposes of advertising, promotions, informational calls, research or survey calls, and/or services and deals that are being offered (“Messages”). Guest consents to receiving these Messages via an automatic telephone dialing system or an artificial pre-recorded voice message. Guest acknowledges the right to “opt-out” from receiving these Messages by following the steps provided in each Message and further acknowledges that he/she is not being required to execute this consent (directly or indirectly) as a condition of purchasing any goods or services. Standard text rates may apply.

GUEST WAIVER & RELEASE AGREEMENT FOR ADULTS AND MINORS: The undersigned understands and agrees that while on the premises of Fitness 19, whether using the exercise equipment, participating in any classes offered by the club or making general use of the facilities (including walking tours of the premises or use of equipment during trial membership periods), they are doing so at their own risk. If the undersigned is the parent or legal guardian of a minor entering the Fitness 19 facility, they expressly acknowledge that they are relinquishing, on behalf of the minor child(ren) identified below, all rights the child(ren) may have to sue Fitness 19 for injuries arising out of the minor’s use of or presence upon any Fitness 19 premises regardless of whether the injuries were caused by the negligence of Fitness 19 or its employees or agents.Fitness 19 shall not be liable for any damages arising from personal injuries or property damage sustained in, on or about the premises of Fitness 19, specifically including, but not limited to, all club facilities (indoors and outside), all recreation areas, all exercise areas, all child monitoring and play areas and the parking lot. The undersigned assumes full responsibility for any injuries or damages which may occur while on the Fitness 19 premises, regardless of whether such injuries or damages are caused by the negligence of Fitness 19 or any of its employees or agents.

The guest also expressly acknowledges that by signing below they are relinquishing (on their own behalf and on behalf of all minor children listed herein) all rights they may have to sue Fitness 19 for injuries arising out of the use of its facilities or its services. This release is intended to be interpreted as broadly as allowed under California law. Guest Must Present a Valid Picture ID.

ASSUMPTION OF THE RISK ACKNOWLEDGMENT I acknowledge that I am voluntarily participating in the use Fitness 19 FITNESS, which may include but is not limited to the premises, appurtenances, swimming pool, sauna, steam room, bathrooms, showers, lockers, kids’ club, exercise equipment, exercise machines, apparatus, amenities, tanning services, light therapy, massage tables, group classes, and personal training (collectively “Fitness Center”). I specifically acknowledge that the walkways and flooring around the pool are likely to be wet, and that I need to use caution when walking in these areas to avoid slipping and falling. I understand that there are inherent risks associated with these activities, including but not limited to the risk of physical injury, illness, or even death.

ACKNOWLEDGMENT OF WARNINGS & RISKS - TANNING Under California law it is illegal for persons under the age of eighteen (18) to use tanning beds or other ultraviolet tanning devices. Prior to use of a tanning bed or execution of this contract for tanning bed services, Buyer shall present a valid driver’s license or other government issued identification establishing proof of age. By signing below, Buyer acknowledges, understands, and has read the following warnings and risks associated with the use of a tanning device:

Buyer agrees to follow all instructions and limits use of the tanning device to the maximum exposure time recommended by the manufacturer.

Buyer is at least eighteen (18) years of age.

Avoid too frequent or too lengthy exposure. Overexposure causes burns. As with natural sunlight, exposure can cause eye and skin injury and allergic reactions.

Repeated exposure may cause premature aging of the skin, chronic sun damage characterized by wrinkling, dryness, fragility and bruising of the skin, and skin cancer.

Wear protective eyewear. FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.

Ultraviolet radiation from sunlamps will aggravate the effects of the sun. Therefore, do not sunbathe before or after exposure to ultraviolet radiation.

Medications or cosmetics may increase your sensitivity to ultraviolet radiation. Consult a physician before using a tanning device if you are using medications, have a history of skin problems, or believe you are especially sensitive to sunlight. Abnormal skin sensitivity or burning may be caused by certain foods, cosmetics, or medication, including, but not limited to, tranquilizers, diuretics, antibiotics, and high blood pressure medicines.

Pregnant women or women on birth control pills who use this product may develop discolored skin. IF YOU DO NOT TAN IN THE SUN YOU WILL NOT TAN FROM USE OF THIS DEVICE.

I have read and understand the warnings and risks associated with the use of tanning devices. I agree to follow all instructions for use of the tanning device and agree to wear protective eyewear at all times. I do hereby waive, release and forever discharge Fitness 19 and its agents, employees, officers, members, attorneys, and all others acting on behalf of Fitness 19 from any and all liability for any injuries or damage resulting from use of a tanning device.