We Care About You

Your Waiver, Release of Liability & Assumption of Risk while at Hāmama Wellness Studio

PLEASE READ THIS DOCUMENT CAREFULLY. BY CHECKING THIS BOX YOU ARE AGREEING TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

I acknowledge and agree that:

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a. I will follow all instructions and directions (if any) that may be provided to me by Hāmama Wellness during training programs;

b. I will consult with my physician prior to commencing athletic activities with Hāmama Wellness.

c. Hāmama Wellness may videotape, audiotape, or photograph me for instructional and promotional purposes without payment of any kind to me and without further notice to me or permission from me.

e. I understand that having my child(ren) present while I am participating in or watching Hāmama’s activities is at my own risk, and that I am solely responsible for supervising my child(ren) during such times.

ASSUMPTION OF RISKS

I understand that by participating in the training programs provided by Hāmama Wellness, I will be exposed to many risks, dangers and hazards which could result in physical injury, death, damages or other losses to me. Some of these risks, dangers and hazards include, but are not limited to:

Health: overexertion, dehydration, fatigue, and various injuries caused by my lack of fitness or conditioning; Premises: defective, dangerous or unsafe condition of the facilities; falls; collisions with objects, equipment or

persons;

Use of Equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of or the failure by TeckFitness to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to use or operate the equipment within my own ability;

Advice: negligent advice regarding training programs; and

My conduct and the conduct of others: my negligence and the negligence of others.

I understand that my negligence, and the negligence of others, including the NEGLIGENCE OF Hāmama Wellness, may increase my risk of damage, loss, personal injury or death. I understand that Hāmama Wellness may fail to safeguard or protect me from the risks, dangers and hazards of training programs, some of which are referred to above.

Despite the risks, dangers and hazards associated with participating in training programs, and fully understanding the nature and extent of such risks, dangers and hazards, I wish to participate in training programs with Hāmama Wellness, and I FREELY ACCEPT AND FULLY ASSUME all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting from such training programs.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNIFICATION

In consideration of Hāmama Wellness allowing me to participate in training programs, I agree that:

1. I WAIVE ANY AND ALL CLAIMS that I now have, or may in the future have, against Hāmama Wellness AND I RELEASE TECKFITNESS from any and all liability for any loss, damage, expense or injury (including death) that I, or my next-of-kin, may suffer as a result of my participation in training programs, DUE TO ANY CAUSE WHATSOEVER including, but not limited to:

a. negligence on the part of Hāmama Wellness;

b. breach of contract by Hāmama Wellness;

Breach of warranty by Hāmama Wellness in respect of the design, manufacture, selection, installation, maintenance or adjustment of equipment;

breach of any statutory or other duty of care on the part of Hāmama Wellness; and

the failure by Hāmama Wellness to safeguard or protect me from the risks associated with training programs; and

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2. I WILL INDEMNIFY Hāmama Wellness FROM, AND COMPENSATE Hāmama Wellness FOR, any and all liability that Hāmama Wellness may incur for any damage, loss, expense or injury to any third party resulting from my participation in training programs.

If I die or become unable to make my own decisions, I agree that this Agreement will remain binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives (collectively, my “Heirs”).

INSURANCE: I understand that Hāmama Wellness does not provide me with any disability, accident, liability or medical insurance or compensation in the event that I become injured or cause personal injury or property damage to any third party while participating in training programs.

JURISDICTION: This Agreement and any rights, duties and obligations as between Hāmama Wellness and I will be governed by and interpreted solely in accordance.

I acknowledge that, in entering into this Agreement, I am not relying on any oral or written representations or statements made by Hāmama Wellness regarding the safety of training programs other than those set forth in this Agreement.

DEFINITIONS

I understand that in this Agreement, the following terms have the following meanings:

a. “Hāmama Wellness” means Jenny Tecklenburg, operating under the business name “Hāmama Wellness”, and includes her employees, independent contractors, trainers, instructors, agents, volunteers, servants, representatives and assigns; and

b. “training programs” include all activities, programs, events, classes, and services provided, sponsored or organized by Hāmama Wellness, including, but not limited to: fitness classes; personal training; weight training; sporting events; use of strength training and fitness conditioning equipment, machines and facilities; nutritional and dietary programs; health, wellness and fitness assessments; orientation or instructional sessions or lessons; and all other such related activities.