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On Demand and Class Liability Waiver and Release

I hereby acknowledge and fully understand the potential dangers incidental to engaging in the dance, fitness and workout activities, including Turn’d Up On Demand, and live / uploaded classes and workouts that take place through the Turn’d Up Fitness website(s) (the “Class”), and that such activities require physical effort and exertion. I further acknowledge and agree that (i) I am responsible for consulting my physician or other health care provider prior to enrolling and participating in a Class to determine whether participating in a Class is appropriate for me; (ii) I will not enroll in or participate in Classes if my physician or health care provider advises against it; and (iii) if I experience faintness, dizziness, pain or shortness of breath at any time during a Class that I will stop immediately and contact my physician or health care provider.

I acknowledge and understand that my participation in a Class could result in my exposure to bodily injury, illness, loss or death, as well as property losses and/or damage to property. For and in consideration of Turn’d Up Fitness permitting me to locate and enroll in virtual Classes through the Turn’d Up Fitness websites, and the instructor teaching such Classes (the “Instructor”) permitting me to enroll and participate in the Classes, and in recognition of the possible dangers to which I voluntarily subject myself by participating in the Classes and related activities, I HEREBY AGREE AS FOLLOWS:

I acknowledge and understand that my participation in a Class could result in my exposure to bodily injury, illness, loss or death, as well as property losses and/or damage to property. For and in consideration of Turn’d Up Fitness Fitness (“Turn’d Up Fitness”) permitting me to locate and enroll in virtual Classes through the Turn’d Up Fitness websites, and the instructor teaching such Classes (the “Instructor”) permitting me to enroll and participate in the Classes, and in recognition of the possible dangers to which I voluntarily subject myself by participating in the Classes and related activities, I HEREBY AGREE AS FOLLOWS:

I hereby voluntarily for myself, my spouse, assignees, heirs, guardians or personal representatives, from the date of entry into this Waiver and Release, hold Turn’d Up Fitness and the Instructor teaching the Classes I enroll and participate in, as well as their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives blameless and waive any and all rights and causes of action and associated costs for any accident, injury, illness or death, occasioned by my participation in the Classes, unless caused by the negligence of Turn’d Up Fitness or the Instructor, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.

In the event I am injured, I voluntarily agree to assume any financial obligation, either through personal health insurance, or through some other means, for any medical costs which I incur and Turn’d Up Fitness and the Instructor teaching the Class assumes no responsibility for any medical expenses, injury, or personal damage suffered by me in connection with the use of any facilities or services in connection with the Classes, unless caused by the negligence of Turn’d Up Fitness or the Instructor, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.

I hereby voluntarily assume all risk of damage or loss to my property while participating in the Classes and relieve Turn’d Up Fitness and the Instructor teaching the Class from liability for any and all property damage or loss, unless caused by the negligence of Turn’d Up Fitness or the Instructor, their agents, employees, officers, directors, spouses, assignees, heirs, guardians or personal representatives.

You acknowledge and agree that by clicking on a “Sign-Up” button and signing up for an account on the Turn’d Up Fitness website, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by these terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the Electronic Communications Act or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE TURN’D UP FITNESS WEBSITE OR SERVICES OFFERED BY TURN’D UP FITNESS. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

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