RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT:

Assumption of Risk: To the best of participant’s knowledge, participant is in good physical condition and is fully able to participate in all classes available at AX Fitness. Participant agrees that she/he is aware of the potential dangers incidental to engaging in the fitness activities at AX Fitness and in the classes AX Fitness provides. The undersigned further agrees that she/he is aware that the usual risks, hazards and dangers of personal injury, death, disability, property damage and other loss, necessarily increase when using tires, weights, kettle bells, medicine balls, steps, ropes, boxing bags, sledge hammers, inclines or declines, bowls or any other device or structure not listed herein. These additional risks include but are not limited to, uncontrollable tires, weights, bells, balls, steps, ropes, bags, and hammers, falling, jumping, landing, hitting, performing tricks, weather conditions, and collisions with others (such as other class participants or AX Fitness personnel). These risks may vary from time-to-time and day- to-day based on the participant’s experience and/or physical condition, the class design, setup, equipment, type of class, and/or other factors.

Release, Waiver of Liability, and Indemnity Agreement: For and in consideration of AX Fitness, LLC (AX) permitting the participant to enroll and participate in AX Fitness Classes (“Classes”), the Participant (or Participant’s parent or legal guardian), by checking the box below, hereby:

RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE AX FITNESS,LLC ITS OWNERS, AGENTS, SUBSIDIARIES, LESSEES EMPLOYEES, VOLUNTEERS, AND ANY OTHER PERSON OR ENTITY IN ANY WAY ASSOCIATED WITH AX FITNESS (ALL HEREINAFTER COLLECTIVELY REFERRED TO AS “RELEASEES”), FROM LIABILITY, TO THE UNDERSIGNED, AND HIS/HER PERSONAL REPRESENTATIVES, PARENTS, SPOUSE, LEGAL GUARDIANS, ASSIGNS, HEIRS AND NEXT OF KIN FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN THE DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO AX FITNESS WHETHER CAUSED BY ANY ACT OF NEGLIGENCE OF THE RELEASEES OR OTHERWISE; PARTICIPANT ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO THE USE OF OR PARTICIPATION IN AX FITNESS, LLC ACTIVITIES, PRODUCTS AND/OR BUSINESS EQUIPMENT WHETHER CAUSED BY ANY ACT OF NEGLIGENCE OF RELEASEES OR OTHERWISE; PARTICIPANT AGREES TO INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM ANY LOSS, LIABILITY, DAMAGE, OR COST THEY MAY INCUR ARISING OUT OF OR RELATED TO USE OF AX FITNESS, LLC ACTIVITIES, PRODUCTS AND/OR BUSINESS EQUIPMENT WHETHER CAUSED BY ANY ACT OF NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

The undersigned further agrees that this Release is intended to be as broad and inclusive as is permitted by the laws of the State of Minnesota or any other applicable local, state or federal laws and that if any portion of the release is held invalid, the undersigned agrees that the balance shall, continue in full force and effect. In the event that Participant is injured, Participant agrees to assume any financial obligation, either through Participant’s personal health insurance, or through some other means, for any medical costs or related expenses which Participant incurs. AX Fitness, LLC assumes no responsibility for any medical costs or related expenses, injury, or damage suffered by Participant in connection with the use of any facilities or services in connection with the activities. The participant understands that participants may be required to wear adequate head protection while participating and additional protective gear including boxing gloves, footwear, elbow pads, and knee pads. Participants agree to follow all AX Fitness, LLC Rules of Conduct, the directions and/or requirements of AX Fitness, LLCs Personnel, and agree not to take any unreasonable risks while participating in AX Fitness, LLC activities including, causing any others risk of harm.

I HEREBY CERTIFY THAT I AM AT LEAST 18 YEARS OLD. I HAVE COMPLETELY READ THIS WAIVER AND RELEASE AND UNDERSTAND ITS TERMS AND CONDITIONS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY CHECKING THE BOX BELOW, AND HAVE CHECKED THAT BOX FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENTS, ASSURANCES, REPRESENTATIONS, AND/OR GUARANTIES BEING MADE TO ME BY AX FITNESS LLC OR ANYONE ELSE. PRIOR TO AGREEING TO THIS WAIVER AND RELEASE, I HAVE HAD THE OPPORTUNITY TO ASK ANY QUESTIONS I HAVE ABOUT THE WAIVER AND RELEASE AND CONSULT WITH LEGAL COUNSEL IF I SO CHOOSE.

I hereby grant permission to AX Fitness, LLC, the rights of my image, in video or still, and of the likeness and sound of my voice as recorded on audio or video tape. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse educational settings within an unrestricted geographic area. Photographic, audio or video recordings may be used for ANY USE which may include but is not limited to: • Presentations; • Courses; • Online/Internet Videos; • Media; • Social Media, News (Press); By agreeing to terms and conditions, I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in the public educational setting. I will be consulted about the use of the photographs or video recording for any purpose other than those listed above. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. This release applies to photographic, audio or video recordings collected as part of the sessions listed on this document only. By agreeing with terms and conditions, I acknowledge that I have completely read and fully understand the above release and agree to be bound thereby. I hereby release any and all claims against any person or organization utilizing this material for educational purposes.