THIS IS A LEGALLY BINDING DOCUMENT THAT AFFECTS YOUR RIGHTS.

READ CAREFULLY BEFORE SIGNING

1. DEFINITIONS

For purposes of this Agreement:

• "Studio" includes all locations where Activities are conducted, including but not limited to the Studio’s physical location, parking areas, and off-site training locations, or venues.
• "Activities" means any and all services, including but not limited to group personal training, individual training, body composition analysis, nutritional coaching, use of facilities and equipment, events or activities offered by or participated in at the Studio

• "Released Parties" means LEAD FITNESS, LLC, its owners, officers, directors, managers, employees, contractors, insurers, agents, guest trainers, representatives, volunteers, successors, and assigns

• "Participant" means the undersigned individual participating in Activities

a) Cardiovascular complications (heart attack, stroke, sudden cardiac death)

b) Musculoskeletal injuries (sprains, strains, tears, fractures, dislocations)

c) Neurological injuries

d) Falls and related injuries

e) Equipment-related injuries

f) Dehydration, heat exhaustion, or heat stroke

g) Respiratory distress

h) Infectious disease exposure

i) Pre-existing condition aggravation

j) Psychological/emotional stress

k) Any other risks inherent in physical activity or use of fitness facilities

I VOLUNTARILY ACCEPT AND ASSUME ALL KNOWN AND UNKNOWN RISKS INHERENT TO THE ACTIVITIES, INCLUDING THOSE ARISING FROM NEGLIGENCE OF THE RELEASED PARTIES.

I understand and expressly accept that these risks are inherent in the nature of physical fitness activities and that some risks cannot be eliminated without jeopardizing the essential qualities of the Activities.

Acknowledgment of Risk

These risks may arise from a variety of factors, including but not limited to:

l) My own physical condition, health status, or decisions, whether known or unknown to me;

m) The negligence or carelessness of the Studio, its instructors, staff, owners, agents, or affiliates;

n) The defective condition or improper use of equipment or facilities;

o) Emergency response limitations

p) Actions or negligence by other participants or third parties.

I ACKNOWLEDGE THAT:

q) The above list of risks and factors is not exhaustive and other risks, both known and unknown, may be associated with my participation in the Activities

r) My participation in any Activity is purely voluntary and I have the option to discontinue participation at any time if I feel unsafe or uncomfortable

s) It is my responsibility to:

    - Immediately inform Studio staff of any pain, discomfort, fatigue, or other symptoms that I may suffer during and immediately after participating in any Activity

    - Discontinue participation and promptly inform Studio staff if I feel unable to safely continue

    - Consult with medical professionals regarding any questions or concerns about my ability to safely participate in the Activities

I UNDERSTAND AND EXPRESSLY ACCEPT THAT THESE RISKS ARE INHERENT IN THE NATURE OF PHYSICAL FITNESS ACTIVITIES AND THAT SOME RISKS CANNOT BE ELIMINATED WITHOUT JEOPARDIZING THE ESSENTIAL QUALITIES OF THE ACTIVITIES.

3. RELEASE AND WAIVER OF LIABILITY

IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE ACTIVITIES, I, THE UNDERSIGNED PARTICIPANT, ON BEHALF OF MYSELF, MY SPOUSE, CHILDREN, PARENTS, LEGAL REPRESENTATIVES, HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND PERSONAL REPRESENTATIVES, HEREBY FULLY AND FOREVER RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE, AND HOLD HARMLESS LEAD FITNESS, LLC, d/b/a COASTAL FITNESS, together with its owners, officers, directors, managers, employees, contractors, insurers, agents, representatives, guest trainers, volunteers, successors, and assigns (collectively, the "Released Parties") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER, directly or indirectly arising out of or related to any loss, damage, injury, illness, paralysis, disability, or death that may be sustained by me or any third party, whether caused by the negligence of the Released Parties, any third-party negligence, or otherwise, while participating in any activity connected with or related to the Activities.

This waiver and release of liability specifically includes, but is not limited to:

a) Any and all claims for personal injury, wrongful death, emotional distress, or property damage

b) Claims based on the Released Parties' ordinary negligence, gross negligence, or recklessness

c) Claims arising from the condition of equipment or facilities

d) Claims related to emergency response, first aid, or medical care

e) Any financial or economic losses, including lost wages or earning capacity

f) Any claims that may arise from COVID-19 or other infectious diseases

4. INDEMNIFICATION AND DEFENSE

I HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all claims, suits, damages, liabilities, expenses, and costs (including, but not limited to, reasonable attorneys' fees and costs at both the trial and appellate levels) arising from or relating to:

a)      My participation in the Activities

b)      Any breach of this Agreement by me

c)      Any negligent, reckless, or intentional act or omission by me

d)      Any injury or damage caused by me to any person or property

e)      Any claim brought by my heirs, representatives, or assigns

f)      Any misrepresentation made by me in this Agreement

This obligation to indemnify and defend shall apply even if the claim is based on the Released Parties' own negligence or fault.

5. ACKNOWLEDGMENT OF HEALTH AND VOLUNTARY PARTICIPATION

I AFFIRM THAT I:

a)       Have consulted with a physician and am in good health to participate in the Activities;

b)      Do not suffer from any medical condition, impairment, or disease that would prevent or limit my safe participation;

c)       Will immediately inform the Studio staff of any health concerns or limitations that arise during participation.

d)      Will immediately report any health concerns, injuries, or limitations, whether sustained during Studio activities or outside of the Studio, to ensure appropriate modifications can be made and to prevent further injury. Participation in the Activities is entirely voluntary. I understand that I may stop or withdraw at any time, assuming responsibility for any risks associated with discontinuation.

6. MEDIA RELEASE AND CONSENT

I hereby irrevocably grant LEAD FITNESS, LLC, d/b/a COASTAL FITNESS, its successors, assigns, and licensees:

a) The absolute right and permission to capture, record, use, reuse, publish, and republish my image, likeness, voice, or any reproduction thereof

b) The right to copyright, use, reuse, publish, and republish the same in any medium (including electronic and social media) for any purpose whatsoever

c) The right to edit, alter, distort, or modify such materials and my image therein (such as crop, brighten, resize, remove background etc)

d) The right to combine such materials with other images, text, audio, or graphics

I waive:

e) Any right to inspect or approve such materials
f)  Any right to royalties or compensation arising from their use
g) Any right to withdraw this authorization or request removal of materials
h) Any claims for defamation, invasion of privacy, or similar claims

7. MINORS AND GUARDIANSHIP

FOR PARTICIPANTS UNDER 18 YEARS OF AGE: The undersigned parent/legal guardian ("Guardian"):

a) Represents they have full legal authority to execute this Agreement

b) Agrees to be bound by ALL terms and conditions herein

c) ASSUMES ALL RISKS on behalf of the minor participant

d) WAIVES ALL CLAIMS that both Guardian and minor may have

e) AGREES TO INDEMNIFY AND HOLD HARMLESS the Released Parties from any claims arising from the minor's participation, including claims brought after the minor reaches majority

8. BINDING ARBITRATION AND JURISDICTION AND CLASS ACTION WAIVER

a) Arbitration Agreement: Any disputes, controversy, or claim arising from or related to this Agreement shall be resolved exclusively through binding arbitration under the rules of the American Arbitration Association, with proceedings held in Fort Myers, Lee County, Florida, before a single arbitrator. This Agreement is governed by the laws of the State of Florida. If any provision of this Agreement is deemed unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

b) Class Action Waiver: THE PARTICIPANT WAIVES THE RIGHT TO file, pursue or participate in a class action lawsuit, pursue or participate in a representative action, combine their dispute with other claims, or have any dispute decided by a jury.

c) Attorneys' Fees and Costs: THE PARTICIPANT SHALL BE SOLELY RESPONSIBLE FOR AND SHALL PAY ALL COSTS AND FEES ARISING FROM ANY DISPUTE OR CLAIM, INCLUDING BUT NOT LIMITED TO all attorneys' fees, court costs, litigation expenses incurred by the Released Parties, all arbitration, mediation, and expert witness fees, all discovery and appeal-related costs, and all collection costs and post-judgment fees.

9. ENTIRE AGREEMENT

This document constitutes the entire agreement between the Participant and LEAD Fitness, LLC, d/b/a Coastal Fitness, with respect to liability and assumption of risk. No oral representations or statements shall modify this Agreement. This Agreement shall be binding on the Participant and their successors, heirs, and assigns.

10. ELECTRONIC SIGNATURES

a) The parties agree that this Agreement may be executed by electronic signature, electronic signatures shall have the same legal effect as handwritten signatures, copies or electronic versions of this Agreement shall have the same effect as originals, and no certification of electronic signatures shall be required.

b) By executing this Agreement by electronic signature or by ink signature, I intend to be legally bound, understand I am signing a binding legal document, have had sufficient opportunity to review, have had the opportunity to seek legal counsel, and am competent to execute this Agreement. This acknowledgment applies equally whether I sign electronically or by hand.

11. ACKNOWLEDGMENT

I ACKNOWLEDGE THAT:

• I have read each section of this Agreement
• I understand its legal consequences
• I have had the opportunity to seek legal counsel
• I am signing voluntarily