PARTICIPANT WAIVER AND RELEASE OF LIABILITY

For and in consideration of BELLFIT, LLC permitting me to participate voluntarily in any activity or event, including but not limited to the following activities: exercise classes, personal training sessions, and use of exercise equipment hereafter referred to as the “BellFit Activities” on or after _______________________ (date), I acknowledge and agree that participation in the BellFit Activities involves inherent risks and dangers of accidents, injury, and physical harm to oneself, including but not limited to, serious bodily injury, disability, permanent damage, or death (“Risks”). I HEREBY EXPRESSLY ASSUME ALL THE RISKS ASSOCIATED WITH THE BELLFIT ACTIVITIES. IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE BELLFIT ACTIVITIES, I AGREE TO RELEASE AND HOLD HARMLESS BELLFIT, LLC, ITS MANAGERS, OFFICERS, EMPLOYEES, MEMBERS AND AGENTS (EACH A “RELEASEE” AND COLLECTIVELY THE “RELEASEES”) FROM ANY AND ALL CLAIMS, SUITS, DEMANDS, DAMAGES, CAUSES OF ACTION, JUDGMENTS, EXPENSES, ATTACHMENTS OF PROPERTY, OR LIABILITIES OF ANY KIND WHATSOEVER (“CLAIMS”), THAT I MAY HAVE ARISING FROM OR IN ANY WAY CONNECTED WITH ANY AND ALL RELEASEES’ PARTICIPATION IN THE BELLFIT ACTIVITIES. FURTHERMORE, I ACKNOWLEDGE THAT THE RELEASEES DO NOT ASSUME ANY RESPONSIBILITY FOR OR OBLIGATION TO PROVIDE FINANCIAL ASSISTANCE OR OTHER ASSISTANCE, INCLUDING BUT NOT LIMITED TO MEDICAL, HEALTH, OR DISABILITY INSURANCE IN THE EVENT OF INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE. I UNDERSTAND THAT IT IS MY RESPONSIBILITY TO ENSURE I HAVE APPROPRIATE INSURANCE COVERAGE FOR THE PARTICIPATION IN THE BELLFIT ACTIVITIES.

I FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM ALL CLAIMS WHICH I EVER HAD, NOW HAVE, OR MAY HAVE IN THE FUTURE OR WHICH MY HEIRS, EXECUTORS, ADMINISTRATORS, OR ASSIGNS MAY HAVE OR CLAIM TO HAVE AGAINST ANY RELEASEE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE BELLFIT ACTIVITIES, FOR ALL PERSONAL INJURIES KNOWN OR UNKNOWN, PROPERTY DAMAGES, OR CLAIMS FOR WRONGFUL DEATH, CAUSED BY THE ACTS, OMISSIONS, OR NEGLIGENCE OF ANY RELEASEE, DEFEND AT MY OWN EXPENSE ANY SUCH CLAIM DESCRIBED ABOVE.

IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE BELLFIT ACTIVITIES, I HEREBY VOLUNTARILY AGREE NOT TO SUE, MAKE ANY CLAIM, OR DEMAND AGAINST ANY RELEASEE, FOR ANY DAMAGE, LOSS, OR INJURY, WHETHER KNOWN OR UNKNOWN, THAT I MAY SUSTAIN AS A RESULT OF PARTICIPATING IN THE BELLFIT ACTIVITIES, EXCEPT FOR THOSE CAUSED BY THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF THE RELEASEES.

This Covenant Not to Sue shall be binding upon myself, my heirs, successors, and assigns, and shall inure to the benefit of the Releasees and any of their affiliates, successors, and assigns. This covenant is intended to be as broad and inclusive as is permitted by the laws of the State of Texas. If any provision of this Waiver and Release of Liability, or the application thereof to any person or circumstance, is found

to be invalid, unlawful, void, or for any reason unenforceable under the laws of the State of Texas, such provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. The parties hereby agree to substitute for any invalid or unenforceable provision a valid and enforceable provision which most closely approximates the intent and economic effect of the invalid or unenforceable provision.

This Waiver and Release of Liability Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the transactions contemplated hereby shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Waco, McLennan County, Texas. I agree to submit to the jurisdiction of such courts and waives any and all objections to the exercise of jurisdiction over them by such courts and to venue in such courts.

This Waiver and Release of Liability represents the entire agreement between myself and the Releasees regarding my participation in the BellFit Activities and supersedes all prior negotiations, representations, or agreements, either written or oral. This Waiver and Release of Liability may only be amended in writing and signed by both parties.

I hereby acknowledge that I have voluntarily chosen to participate in the BellFit Activities and have been fully informed of and understand the Risks associated with such participation. I am fully aware of the nature and extent of these Risks, including the potential for serious bodily injury, disability, permanent damage, or death, and knowingly and voluntarily accepts and assumes these Risks.

By signing this document, I acknowledge that I have read this Waiver and Release of Liability, fully understand its terms, understand that I have given up substantial rights by signing it, and have signed it freely and without any inducement or assurance of any nature. I intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law in the state of Texas.