Terms and Conditions

1) I understand that entering Fit Factory Fitness Inc. (including but not limited to Fit Factory Fitness classes, special training, outdoor training and/or events, etc.) is a hazardous activity.

2) I understand that Fit Factory Fitness Inc. presents extreme physical exertion, including but not limited to use of heavy equipment and obstacles which may include fire, mud pits and steep hills.

3) I agree not to participate unless I am medically able and not exhibiting any symptoms from any infectious disease, including, but not limited to, COVID-19.

4) I agree to not consume alcohol prior to activities at Fit Factory Fitness Inc. or ingest any medicines or substances that will inhibit my mental or physical ability to safely and effectively participate in activities under Fit Factory Fitness Inc.

5) I agree to abide by any decision of staff or designated volunteers relative to my ability to safely participate in the activities.

6) I agree to obey all civil and criminal laws at all times.

7) I assume all risks associated with participating in Fit Factory Fitness Inc., including but not limited to falls, contact with other participants, negligent or wanton acts of other participants, completing all activities/obstacles, defects or condition of premises, the effects of the weather, including high heat and/or humidity, and risk of contracting any infectious disease, all such risks being known and appreciated by me.

8) I agree that Fit Factory Fitness Inc. is not responsible for any personal items or property that are lost or stolen in the facility, or at any special training classes, outdoor training classes and/or events, etc.

9) I consent to emergency medical care and transportation in order to obtain treatment in the event of injury to me as medical professionals may deem appropriate. This Release extends to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency.

10) I understand and will abide by the rule that no wheeled baby conveyances or other wheeled means of conveyance, or pets are permitted in the classes/events unless in designated spectator areas.

11) I grant permission to Fit Factory Fitness Inc., its affiliates, volunteers, sponsors, and assigns to use any photographs, motion pictures, recordings or any other record of this event for any purpose including but not limited to promoting, advertising and marketing purposes. Any and all photographs, motion pictures, recordings or other records of the event are the sole property of Fit Factory Fitness Inc.

12) I understand that all classes/entries are final, with no refunds.

13) I hereby grant Fit Factory Fitness Inc. permission to interview me and/or to use my likeness in photograph(s)/video(s).

14) The official staff/event directors reserve the right in any event of emergency or local or national disaster to cancel the event, and in the event of cancellation or change, there is no refund of entry fees.

15) Participants are expected to exhibit appropriate behavior at all times, including obeying all laws. This

includes respect for all people, equipment, and facilities, and cooperative, positive participation.

16) I grant Fit Factory Fitness Inc., its affiliates, volunteers, sponsors, and assigns permission to communicate with me via the contact information provided (eg. by email, phone etc.).

17) I agree to cancel my reservations at least 12 hours before the start of the class or else a $20 absent fee will be applied. Any cancellation within 12 hours will be deemed a late cancel with a penalty of $10

Fit Factory Fitness Inc. may dismiss, without refund, anyone whose behavior endangers safety or negatively endangers safety or negatively affects a class, a race, a person, a facility, or property of any type or kind. I also agree to indemnify Fit Factory Fitness Inc., its affiliates and assigns, from any and all third party claims caused in whole or in part by my actions. I recognize and acknowledge that there are certain risks of physical injury to participants in Fit Factory Fitness Inc., and I voluntarily agree to assume the full risk of any and all injuries, damages or loss, regardless of severity, that my minor child/ward or I may sustain as a result of said participation. I further agree to waive and relinquish all claims I may have (or accrue to me or my child/ward) as a result of participating in these activities against Fit Factory Fitness Inc. including its officials, agents, volunteers, sponsors, and employees (hereinafter collectively referred to as Fit Factory Fitness Inc. I do hereby fully release and forever discharge Fit Factory Fitness Inc. from any and all claims for injuries, illnesses, damages, expenses, or loss that I may have or which may accrue to me and arising out of, connected with, or in any way associated with the class/event/race, program or activities. I have read and fully understand the above important information, warning of risk, assumption of risk and waiver and release of all claims. When registering online, my online signature shall substitute for and have the same legal effect as an original form signature.

PARTICIPATION WILL BE DENIED, if the signature of an adult participant or parent/guardian and date are not signed at the time and place of the class/event/race. Fit Factory Fitness Inc. is committed to conducting its event and activities in a safe manner and holds the safety of participants in high regard. Fit Factory Fitness Inc. continually strives to reduce such risks and insists that all participants follow safety rules and instructions that are designed to protect the participants' safety. However, participants and parents/guardians of minors registering for the class/event/race, programs/activities must recognize that there is an inherent risk of injury when choosing to participate in recreational activities/programs. It is up to the instructor’s discretion whether or not the client is allowed to participate in the class. I am solely responsible for determining if I am physically fit and/or skilled for the class/event/race or activities contemplated by this agreement. It is always advisable, especially if the participant is pregnant or disabled in any way or recently suffered an illness, injury or impairment, to consult a physician before undertaking any physical activity. I do hereby fully release and forever discharge Fit Factory Fitness Inc. from any and all claims for injuries, damages or loss that my minor child/ward or I may have or which may accrue to me or my minor child/ward and arising out of, connected with, or in any way associated with these programs/activities. By signing this agreement you agree to all the terms above.

If participant is currently pregnant, they certify that they are in good health, and that their physician and/or obstetrician is aware of their participation in this high intensity, military styled group fitness classes offered by fit factory fitness. The participant accepts complete responsibility for her health and well being as well as the health and well being of the fetus. I (the participant) understand that no responsibility or liability is assumed by the instructor, fit factory fitness or any fit factory fitness class participants. I fully understand the scope of this activity and I voluntarily sign this form.

Potential Risks Include:

• Collision with other participants that may lead to injury

• Slip or fall

• Over-exertion

• Injury due to improper use of equipment

• Accidental injury caused by other participants

• Abnormal blood pressure

• Fainting

• Heat prostration

• Heart beat disorders

• Heart attack (rare)

• Miscarriages

• Premature labor

• Muscle strains, pulls or tears

• Broken bones

• Shin splints

• Knee/lower back/ foot injuries

• Any other illness, soreness or injury to participant or the fetus, however caused during or after participant participation in the physical activities.

FIT FACTORY FITNESS MEMBER/PARTICIPANT ACKNOWLEDGEMENT AND ASSUMPTION OF RISK AND FULL RELEASE FROM LIABILITY OF FIT FACTORY FITNESS AND ITS TRAINING LOCATIONS. PARTICIPANT ACKNOWLEDGES THESE PHYSICAL ACTIVITIES INVOLVES THE INHERENT RISK OF PHYSICAL INJURIES. MEMBER AGREES TO ASSUME ALL RISK AND RESPONSIBILITY INVOLVED WITH PARTICIPATION IN THE PHYSICAL ACTIVITIES, MEMBER ACKNOWLEDGES PARTICIPATION WILL BE PHYSICALLY AND MENTALLY CHALLENGING, AND AGREES THAT IT IS THE RESPONSIBILITY OF MEMBER TO SEEK COMPETENT MEDICAL OR OTHER PROFESSIONAL ADVICE, REGARDING ANY CONCERNS OR QUESTIONS INVOLVED WITH THE ABILITY OF PARTICIPANT TO TAKE PART IN FIT FACTORY FITNESS ACTIVITIES. MEMBER AGREES TO ASSUME ALL RISK AND RESPONSIBILITY FOR NOT EXCEEDING HER PHYSICAL LIMITS.

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