BURN DALLAS FITNESS

ACKNOWLEDGMENT, ASSUMPTION OF RISK, RELEASE, WAIVER AND INDEMNITY AGREEMENT

BURN Health & Fitness, LLC, DBA Camp DaveFIT, DBA BURN Dallas

PLEASE READ CAREFULLY. THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND INCLUDES A RELEASE OF CLAIMS FOR ORDINARY NEGLIGENCE.

I (“Participant”) understand and agree that this Agreement applies to my participation in any class, workout, personal training session, event, program, or other activity offered by BURN Health & Fitness, LLC, DBA Camp daveFIT and DBA BURN Dallas (“BURN Dallas”), regardless of whether I participate as a BURN Dallas member, guest, drop-in participant, ClassPass user, Wellhub/Gympass user, Active&Fit participant, promotional participant, or through any other third-party service or program.

1. ACKNOWLEDGMENT AND ASSUMPTION OF RISK

I understand that exercise and physical activity involve inherent and other risks that may result in serious injury, illness, permanent disability, property damage, or death.

BURN Dallas activities may include, without limitation, high-intensity interval training (HIIT), strength and resistance training, cardiovascular training, treadmill running or walking, rowing, cycling, jumping, bodyweight exercise, stretching, mobility work, and the use of dumbbells, resistance bands, benches, boxes, steps, medicine balls, BOSU equipment, ViPR equipment, cable machines, treadmills, rowers, bicycles, and other fitness equipment.

Risks may include, without limitation, falls; collisions; equipment malfunction or misuse; muscle, tendon, ligament, joint, or bone injuries; dizziness; fainting; dehydration; heat-related illness; abnormal blood pressure; cardiac events; stroke; aggravation of an existing medical condition; communicable illness; and other serious injury or death.

I knowingly and voluntarily choose to participate and ASSUME ALL INHERENT AND OTHER RISKS ASSOCIATED WITH MY PARTICIPATION AND USE OF THE FACILITY AND EQUIPMENT, whether known or unknown, foreseeable or unforeseeable, to the fullest extent permitted by law.

2. RELEASE AND WAIVER OF LIABILITY — INCLUDING ORDINARY NEGLIGENCE

I EXPRESSLY UNDERSTAND AND AGREE THAT I AM RELEASING BURN DALLAS AND THE RELEASED PARTIES FROM CLAIMS ARISING FROM THEIR OWN ORDINARY NEGLIGENCE.

To the fullest extent permitted by Texas law, I hereby release, waive, discharge, and covenant not to sue BURN Health & Fitness, LLC, DBA Camp daveFIT, DBA BURN Dallas, and its owners, members, managers, officers, employees, coaches, instructors, trainers, independent contractors, agents, representatives, successors, assigns, landlords/property owners where applicable, and affiliated entities (“Released Parties”) for claims, demands, causes of action, damages, losses, or liabilities arising from or related to my participation in BURN Dallas activities or my presence at or use of the facility or equipment, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY.

This release is intended to be as broad as permitted by Texas law. It is not intended to release claims that cannot lawfully be released.

3. PARTICIPANT HEALTH AND RESPONSIBILITY

I represent that I am physically capable of participating in strenuous exercise or have obtained appropriate medical clearance before participating.

I understand that BURN Dallas, its coaches, and its employees are not physicians and do not provide medical diagnoses, medical treatment, or medical advice.

I am responsible for monitoring my own physical condition. I agree to stop exercising and notify a BURN Dallas coach or staff member if I experience unusual pain, dizziness, faintness, chest discomfort, unusual shortness of breath, or other symptoms that concern me.

I agree to disclose to the instructor, when appropriate for my safe participation, injuries, physical limitations, or conditions that may affect my ability to safely perform an exercise.

4. EQUIPMENT AND INSTRUCTIONS

I agree to use equipment only for its intended purpose and to follow safety instructions provided by BURN Dallas staff.

If I do not know how to safely operate a treadmill, rowing machine, bicycle, resistance machine, or other equipment, I agree to request instruction before using it.

I understand that I remain responsible for exercising within my individual abilities and limitations regardless of the workout or instruction provided.

5. COMMUNICABLE ILLNESS

I understand that participation in group fitness activities may involve exposure to communicable illnesses.

I agree not to attend BURN Dallas while knowingly experiencing symptoms of a contagious illness when participation could reasonably expose others. I voluntarily assume the ordinary risks associated with exposure to communicable illnesses arising from participation in group fitness activities, to the extent permitted by law.

6. EMERGENCY MEDICAL CARE

If I become injured or experience a medical emergency and am unable to provide instructions, I authorize BURN Dallas staff to contact emergency medical services and to provide reasonable assistance until professional medical personnel arrive.

I understand that BURN Dallas does not guarantee the availability or outcome of emergency medical treatment. I am responsible for medical expenses incurred on my behalf.

7. INDEMNIFICATION

To the fullest extent permitted by applicable law, I agree to indemnify and hold harmless the Released Parties from third-party claims, damages, losses, costs, and reasonable expenses arising from my conduct, misuse of equipment, violation of BURN Dallas rules, or damage or injury I cause to another person or property.

8. STUDIO RULES AND RIGHT TO REFUSE OR TERMINATE SERVICE

I agree to comply with BURN Dallas safety rules, membership policies, booking and cancellation policies, and reasonable instructions from BURN Dallas staff.

BURN Dallas reserves the right, in its discretion and to the extent permitted by applicable law, to refuse service or admission or to suspend, restrict, or terminate a membership, package, pass, booking privilege, or participation.

Reasons may include, without limitation, unsafe or threatening conduct, harassment, disruption of classes, misuse of equipment or facilities, nonpayment, violation of BURN Dallas policies, fraudulent activity, or conduct that materially interferes with the safety, operation, or experience of the studio.

Nothing in this provision authorizes discrimination or refusal of service prohibited by applicable law.

9. THIRD-PARTY BOOKINGS

I understand that booking or purchasing access through ClassPass, Wellhub/Gympass, Active&Fit, another third-party provider, or another promotional or corporate fitness program does not replace or eliminate this Agreement.

My agreement with a third-party booking service is separate from this Agreement with BURN Dallas.

10. PHOTO AND VIDEO CONSENT — SEPARATE AUTHORIZATION

I understand that photographs or video may occasionally be taken during BURN Dallas classes or events.

Photo/Video Permission:

? YES — I authorize BURN Dallas to photograph, film, or record me and to use my image, likeness, and voice for BURN Dallas advertising, social media, website, promotional, and educational purposes without compensation.

? NO — I do not authorize BURN Dallas to intentionally use identifiable photographs or video of me for marketing or promotional purposes.

My decision regarding photo/video permission does not affect my eligibility to participate at BURN Dallas.

11. GOVERNING LAW, VENUE AND SEVERABILITY

This Agreement shall be governed by the laws of the State of Texas. To the extent permitted by law, venue for disputes relating to this Agreement shall lie in Dallas County, Texas.

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall continue in effect to the fullest extent permitted by law.

12. ELECTRONIC SIGNATURE AND ACKNOWLEDGMENT

I acknowledge that I have had the opportunity to read this entire Agreement before signing it.

I UNDERSTAND THAT THIS AGREEMENT CONTAINS AN ASSUMPTION OF RISK AND A RELEASE AND WAIVER OF LIABILITY, INCLUDING CERTAIN CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF BURN DALLAS AND THE OTHER RELEASED PARTIES.

I voluntarily agree to its terms. I understand that my electronic signature, checkbox acknowledgment, or other electronic acceptance is intended to constitute my signature and agreement to this document.

Participant Full Name: ______________________________

Electronic Signature: _______________________________

Date: __________________

? I HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO THE BURN DALLAS ACKNOWLEDGMENT, ASSUMPTION OF RISK, RELEASE, WAIVER AND INDEMNITY AGREEMENT ABOVE.

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