WAIVER OF LIABILITY, PROMISE NOT TO SUE, ASSUMPTION OF RISK

AND RELEASE OF CLAIMS 
READ THIS DOCUMENT CAREFULLY

In consideration for being allowed to participate in services provided by Anywhere Clubs LLC, including any of its members, managers, partners, officers, employees, agents, contractors, service providers or other representatives (collectively, the “AC Parties”), including but not limited to the direct or indirect introduction, coordination and/or provision of personal trainers, fitness centers or any activities related thereto and provided by any such personal trainers and/or fitness centers (whether or not any such activities are provided by the AC Parties)(the “AC Services”), I hereby waive, release and discharge from all liability the AC Parties for any and all claims, actions, causes of action, suits, losses, liabilities, demands, costs, expenses, attorneys’ fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, (“Claims”), including without limitation Claims based on personal injuries, that arise out of, relate to, or are in any way connected to the AC Services. This waiver, release and discharge of Claims extends to any act or omission of the AC Parties and any Claims pursuant to any federal, state or local law or statute including, but not limited to, contract law, fraud, defamation and/or tort law, including but not limited to Claims for physical or emotional distress, consequential or other special damages.

 
In giving the above release, which includes Claims that may be unknown to me, I acknowledge and expressly waive and relinquish all rights and benefits under any law of any jurisdiction that would contradict the foregoing release, including without limitation the release of any unknown or unsuspected Claims I may have against the AC Parties.

I further agree not to initiate any proceeding based upon the Claims released herein.

I am voluntarily participating in the AC Services provided by AC Parties. I am aware of the potential risks associated with the provision of these services, as well as the services provided by others in connection with the AC Parties. I understand that injuries or other potential adverse outcomes may arise from the actions, inaction or negligence of myself or others, including the AC Parties. I assume all related risks, both known or unknown to me, of my participation in and utilization of the AC Services.

I understand that this Waiver of Liability, Promise Not to Sue, Assumption of Risk and Release of Claims is written to be as broad and inclusive as legally permitted by the laws of any jurisdiction. I agree that if any portion is held invalid or unenforceable, then any such invalid or unenforceable provision will be severed and the remainder of this agreement will not be affected and shall otherwise be enforced to give broad effect to this agreement, and I will continue to be bound by the remaining terms.

It is my intent in executing this Waiver of Liability, Promise Not to Sue, Assumption of Risk and Release of Claims that it is and shall be binding upon and inure to the benefit of the AC Parties’ successors, assigns, licensees and all other persons or entities designated by the AC Parties. This Waiver of Liability, Promise Not to Sue, Assumption of Risk and Release of Claims shall also be binding upon my insurers, dependents, executors, administrators, heirs, beneficiaries, personal representatives, successors and assigns, as well as any person or entity claiming by or through them in any capacity. 

I acknowledge and agree that I am at least 18 years of age, and have the right to contract in my own name, or if I am not 18 years of age, my parent or legal guardian acknowledges by signing below that they have the full power and authority to sign this Waiver of Liability, Promise Not to Sue, Assumption of Risk and Release of Claims on my behalf. 

This Waiver of Liability, Promise Not to Sue, Assumption of Risk and Release of Claims shall be enforced and construed pursuant to the laws of the State of Delaware without regard to any conflicts of laws provision that would result in the application of the laws of any other state.

CAUTION: READ CAREFULLY BEFORE SIGNING

I have carefully read and fully understand the information, disclosures, terms, conditions and releases contained herein, and voluntarily agree to all of the foregoing.