ASSUMPTION OF RISK, WAIVER, AND RELEASE OF LIABILITY

In consideration of being allowed to use the CITYROW premises or participate in CITYROW classes or events, which I acknowledge to be beneficial to me, I hereby acknowledge and agree to the following:

I acknowledge on behalf of myself, my heirs, personal or legal representative and/or assigns, that there are certain inherent risks and dangers to indoor rowing, high intensity interval training, and other exercise movements experienced during my association with CITYROW. I acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. I also acknowledge that the specific risks vary from one activity to another, but may include (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death.

I agree on behalf of myself, my heirs, personal or legal representative and/or assigns to: (1) assume full responsibility for any and all injuries, including death, or damages which are sustained or aggravated by me arising out of or in any way related to participation in the classes or use of the CITYROW facilities, whether caused by an intentional act, or by negligence, or otherwise without limitation; and (2) release, indemnify, and hold harmless CITYROW, its licensor or any affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the classes or use of the CITYROW facilities. This agreement to defend includes any claim, action or liability whatsoever, regardless of whether the claim is made, without limitation, by me, by someone on my behalf or by someone whose claim is derived from my injury or death.

I acknowledge and agree (1) that it is my responsibility to cover any medical bills that I may incur and to cover myself with any medical insurance I may deem appropriate and (2) that I will not and cannot make any claim for medical coverage resulting from any injury or death incurred by me at the CITYROW facilities.

I represent that I (1) have no medical or physical condition that would prevent me from properly using any of CITYROW’s classes or facilities, (2) do not have a physical or mental condition that would put me in any physical or medical danger, and (3) have not been instructed by a physician to not participate in any physical
exercise. I acknowledge that if I have any chronic disabilities or conditions, I am at risk in using CITYROWs classes and facilities, and should not be participating in any classes.

I agree that, at all times, I shall comply with all stated and customary terms, codes of conduct, posted safety signs, rules, and verbal instructions given to me by staff. If in the subjective opinion of the CITYROW staff, I would be at physical risk or putting others at physical risk by participating in CITYROW classes or events, I understand and agree that I may be denied access to the classes until I furnish CITYROW with an opinion letter from my medical doctor.

I have read this ASSUMPTION OF RISK, WAIVER, AND RELEASE OF LIABILITY Agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue CITYROW under certain circumstances. I acknowledge that I am eighteen (18) years of age or over and authorized to sign this Agreement on behalf myself or a minor Participant, and I am signing this Agreement freely and voluntarily. The term of this Agreement is indefinite.

VALUABLES AND PERSONAL PROPERTY: I acknowledge that I have been urged to avoid bringing valuables onto the facilities and that CITYROW shall not be liable for the loss of, theft of, or damage to my personal property, including items left in lockers, bathrooms, studios, or anywhere else in the facilities. I acknowledge that no portion of any fees paid by me is in consideration for the safeguarding of valuables.

PHOTO & VIDEO USE: I hereby consent to CITYROW taking photographic images or video recordings of me while in classes or otherwise in the public premises of CITYROW and hereby irrevocably grant CITYROW the permission to use such photographs and/or video recordings of me in CITYROW’s interactive services or websites, advertising, promotional or marketing materials, and derivative works, including any and all social media or print media, or for any other similar purpose without compensation.

POLICIES & ETIQUETTE: I agree to abide by CITYROW’s etiquette guidelines found in CITYROW’s facilities and/or CITYROW’s website
(www.cityrow.com/policies). CITYROW reserves the right to deny access to any person CITYROW, in its sole discretion, deems to be acting
in an inappropriate or unsafe manner.