1.         Purpose and General Statement of Voluntariness

 I wish to participate in a program of exercise instruction made available by Life Fit, Inc., a North Carolina corporation (“Company”), and Mona L. Flynn, a resident of the State of North Carolina (“Flynn”), and any substitute instructor approved by Company or Flynn (such substitute instructor, a “Substitute Instructor”, and, together with the Company and Flynn, herein each a “Provider”, and collectively, the “Providers”) virtually (via internet) or on physical premises determined or arranged by the Providers (such virtual/internet or physical premises, herein the “Premises”).  I hereby consent to voluntarily engage in an acceptable plan of exercise conditioning. 

 2.         Assumption of Risk and Likeness Release

 I waive for myself any possibility of a claim for personal injury, including, but not limited to the possibility of contracting COVID-19, or property damage which might be made against any Provider and accept the responsibility for requesting such exercise and assistance, and I do hereby make a covenant not to sue any Provider.  I understand that the possibility of certain unusual changes during exercise does exist.  These include but are not limited to abnormal blood pressure, fainting, disorders of heartbeat, heart attack, contracting COVID 19, and even death. 

 In consideration of my admission to this continuing program of exercise, I do hereby agree to assume all risks of sickness, injury, or death to myself while I am at or using the Premises or while I am using the program's instruction, facilities, or equipment.  I represent that I am completely aware of all risks and hazards inherent in my participation in the program.  I agree that no Provider shall be liable for any dangers causing sickness, personal injury, or death to myself even if such sickness, injuries or death may be caused by the active or passive negligence of such Provider.  I agree to indemnify, hold harmless, and release each Provider, their heirs, successors, and assigns from any and all damages, demands, claims, or causes of action, present or future, disclosed or undisclosed, anticipated or unanticipated, caused by or resulting from the active or passive negligence of such Provider or otherwise arising out of my use or attempted use of any of the Premises’ or program's instruction, facilities, or equipment.

 A physician's examination should be obtained by all participants prior to involvement in any exercise program.  Whether or not I obtain a physician’s permission to participate, I acknowledge that I have been informed of the need for a physician's approval for participation in this exercise program. I understand the strenuous nature of this program and accept complete responsibility for my health and well-being in this voluntary exercise program and understand that no responsibility is assumed by any Provider.

 This agreement shall be binding upon me, and my heirs, executors, successors, administrators, and any other person or entity who may wish to bring suit on my or their own behalf concerning my involvement in this program.

 In the event that any court shall conclude that any portion of this document is unenforceable or void, such a determination shall not affect the remaining provisions of the document which shall survive such a declaration.

 In the event that I, or anyone on my behalf, should bring suit against any Provider concerning my involvement in this program, I agree to pay any and all costs, including attorneys' fees, incurred by such Provider in the defense of such a suit.

 I consent to and authorize the use by any Provider of my image and likeness in any photographs, video, or sound reproduction taken by any Provider.  Provider shall have the right to publish, exhibit, broadcast, transmit, reproduce, edit, modify, make derivative works of, distribute, display and otherwise use my image or likeness on and in connection with any of Provider’s marketing, advertising or promotional materials of any kind, including but not limited to use on websites and/or Facebook pages, books, or DVD’s.  Provider may exercise any of these rights without further permission from or consideration to me, my heirs, successors, or assigns.