Waiver and Release of Liability and Assumption of Risk

1. Services

The participant (“I” or “me” or “Participant”) voluntarily agrees to participate in the services and exercise programs provided by HLS Collective, LLC, a limited liability company registered in the State of Maryland (“HLS”). These services and exercise programs include but are not limited to personal training and coaching services provided online and/or in-person. Personal training and coaching services may include but are not limited to exercise with body weight and exercise equipment, group training sessions, cardiorespiratory exercises, nutrition coaching, physical training, self-guided exercises, and fitness coaching. I understand that these services and exercise programs may be expanded or reduced from time-to-time, depending upon business needs, my personal fitness needs and abilities, and/or my subscription level.

2. Assumption of Risk and Responsibility

(a.) I understand and acknowledge that with any exercise program there are risks, including increased risk for injury or even death. In volunteering for any exercise program provided by HLS, I agree to assume responsibility for these risks and agree to assume all legal and financial responsibility for any risks and dangers, injuries, damages and losses, whether to person or property that I may sustain in connection with attendance and participation in any service and/or exercise program offered by HLS.

(b.) I understand that some or all the exercise programs and/or services offered by HLS may be provided over a third-party video conferencing software such as Zoom, Microsoft Teams, or Facetime, or the HLS app through Trainerize, over which HLS has no licensing control. I also understand that self-guided workouts provided within the HLS app are conducted on my own, with no live supervision from any HLS trainer or coach. I voluntary agree to participate in an HLS exercise program over a third-party video-conferencing software, in-person, and/or through the HLS app and assume all risks associated with my voluntary participation, including all legal and financial responsibility for any and all risks and dangers, injuries, damages and losses, whether to person or property that I may in any manner sustain in connection with my voluntary participation.

(c.) I understand that my HLS personal trainer and/or coach is not a medical professional and does not have the expertise to diagnose or treat any illness or impairment. By agreeing to voluntarily participant in any exercise and/or coaching program provided by HLS, I certify that I do not have any disability, impairment, or ailment that would prevent me from engaging in active or passive exercise or that would be detrimental to my health or physical condition. I understand that it is recommended that I have a yearly physical or more frequent physical examination and consultation with my physician as to physical activity and diet, so I am aware of what is appropriate for me. I certify that I have either had a physical examination and have been given my physician’s permission to participate or I have decided to participate without approval of my physician.

(d.) I certify that if my medications, condition, or medical limitations should change, I will notify HLS immediately. I acknowledge and agree that HLS will rely on the foregoing warranty in providing personal training and coaching services, including The Services.

3. Confidentiality and Use of Information

I understand that any coaching and/or personal training service program may involve disclosure of personal information as it relates to my physical and mental health to the extent necessary to offer customized fitness and nutritional coaching and/or personal training. I, the Participant am hereby informed that any information obtained by my participation in any services provided by HLS will be treated as confidential and will consequently not be released or revealed to any person without my express consent, except as necessitated by a medical or mental health emergency and/or the law. Any information obtained, however, will be used only by HLS trainers, coaches, and/or staff to evaluate my exercise status as needed.

Release.

I hereby expressly waive and release HLS, and its officers, employees, trainers, instructors, coaches, agents, affiliates, members, successors and assigns (“Releasee(s)”) from and against any and all liabilities, losses, damages, claims, demands, litigation, and judgments, present or future, known or unknown, direct or consequential, together with reasonable costs and attorneys’ fees, which result directly or indirectly, from bodily injury, illness, disability, paralysis, death or property damage arising out of or attributable to my participation in any program and/or service provided by HLS. I agree not to make or bring any such claim against HLS or its Releasees, and forever release and discharge HLS and all other Releasees from liability under such claims. Indemnification. I shall defend, indemnify and hold harmless HLS and the Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by any Releasee, arising out or resulting from any claim of a third party related to any service and/or exercise program provided by HLS.

Term.

This Agreement shall remain valid until it is expressly revoked by written notice from me to HLS; provided however, that any such revocation shall not in any manner affect the waiver, release of liability, and indemnification given hereunder for any acts or occurrences prior to the receipt of said written notice of revocation by HLS or prior to termination of my participation in any service and/or exercise provided by HLS.

General.

This Agreement constitutes the sole and entire agreement of HLS and me, the Participant with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Maryland and I hereby consent to the exclusive jurisdiction of such courts.

I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SUE HLS.