SWEAT208 Terms of Service

This agreement (this “Agreement”) is an important legal document. It explains the risks you are assuming by beginning a class, workshop, or other activity, doing business as SWEAT 208 (“SWEAT208”). It is critical that you read and understand it completely.

I have volunteered to participate in SWEAT208’s indoor cycling or fitness classes and/or any other classes or programs of physical exercise now and in the future

(collectively referred to herein as the “Classes”). I understand that the Classes includes physical movements, and I understand that there is an inherent risk associated

with any exercise program—including my voluntary participation in the Classes—that may result in injury, even serious or disabling, or death, and that this risk is always

present and cannot be entirely eliminated. I hereby KNOWINGLY, voluntarily and expressly assume the risks inherent in my participation in the Classes, including the risk

of injury, accident, death, loss, cost or damage to my person or property.

In consideration of SWEAT208’s agreement to instruct, assist, and train me in the Classes, and the privilege of participation in the Classes, I hereby agree to the following:

A. Representations. I represent that: (i) I do not have any medical or physical condition(s) that would preclude my participation in the Classes; (ii) I have not been

instructed by any physician not to participate in the Classes; and (iii) I am in good health and have no disability, impairment, injury, disease or ailment preventing me from

engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of my participation in the Classes. If I am

pregnant or become pregnant or am post-natal, my signature verifies that I am participating in the Classes with my doctor’s full approval.

B. Acknowledgement and Assumption of the Risk. I acknowledge that regardless of my health representations above, any strenuous athletic or physical activity and

use of related equipment, involves certain risks that may result in injury or even death. While the instructors take great care to ensure the safety of each participant, I

understand that that SWEAT208 cannot guarantee that my participation in the Classes is free of such risks. I acknowledge that I take full responsibility for my life and well-

being, and for all decisions made by me before, during and after participation in the Classes. I hereby expressly assume the risks of the Classes, including, but not limited to

the risks discussed above, accidents and/or negligence by me, by SWEAT208’s instructors, or by other individuals participating or involved in the Classes or in or around

THE SWEAT208 PREMISES, and any cost or damage to my person or my property. I further understand that I have the complete right to stop or decrease participation at

any time during the Classes, or to leave the Classes, and that it is my obligation to inform SWEAT208 of any symptoms such as fatigue, shortness of breath or chest

discomfort. Knowing the material risks and appreciating, knowing and reasonably anticipating that other injuries are a possibility, In consideration for being permitted to

participate in the Classes provided by SWEAT208, I hereby forever knowingly, voluntarily, and expressly assume all risk of injury inherent in my participation in the

Classes, and all other possible risk of injury, and even risk of possible death, which could occur by reason of my participation in the Classes.

I further understand that SWEAT208 makes no claims to medical results that can or may be obtained through the use of SWEAT208’s Classes or use of SWEAT208’s

equipment. SWEAT208 has neither suggested nor advised medical treatment or medical advice to me. Only licensed medical professionals are qualified to give such

medical advice. I also understand and acknowledge that SWEAT208 is providing recreational services and shall not be held liable for defective products. I understand and

agree that SWEAT208 may not be held liable for my injuries sustained as a result of my participation in the Classes. No warranties or representations have been made to

me about the Classes that are not stated on this AGREEMENT.

C. Release and Waiver of Liability. I hereby release and agree not to hold SWEAT208, its members, owners, officers, employees, trustees, contractors, contract

instructors, trainees, volunteers, representatives, agents, assigns, successors, and anyone else acting for or on its behalf (collectively referred to herein as “SWEAT208”)

from any and all liability arising from, related to, or in any way connected with, my participation in the Classes. On behalf of myself or any others who may claim on my

behalf, I promise not to sue, and hereby forever irrevocably waive, release, remise and discharge SWEAT208 from any and all liability, claims, demands, actions or rights of

action, or damages of any kind related to, arising from, related to, or in any way connected with, my participation in the Classes. This Release and Waiver applies to all

claims, demands, damages, costs, expenses, actions and causes of action, foreseen or unforeseen, including negligence and breach of statutory or other duty of care. I

understand and agree that this Agreement and Release and Waiver is intended to be as broad and inclusive as permitted by law. This Release and Waiver includes,

without limitation, injuries that may occur as a result of SWEAT208’s instruction, training, or supervision; injuries that may occur as a result of equipment that may

malfunction or break; any slip, fall or other injury on or related to any SWEAT208’s premises, or any other PREMISES or locations where the Classes occur; and any and

all ailments during or following my participation in the Classes. I understand that I forfeit my rights to sue SWEAT208 for any claims arising out of my participation in the

Classes, and this is a release of liability that is valid forever.

I further agree that if I, or anyone on my behalf, asserts a claim contrary to what I have agreed to in this Waiver and Release, the claiming party shall be liable for the

expenses (including legal fees) incurred by SWEAT208 in defending such claim.

D. Indemnification. I assume full responsibility for my participation in the Classes, and I shall indemnify, defend, and hold harmless, at my sole expense, SWEAT208

from and against any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorneys’ fees, arising out of or in any way relating to my

participation in the Classes, whether now or in the future, including but not limited to those claims arising from my preexisting injury or medical condition. I accept

financial responsibility for any injury or damage that I may cause either to myself, to any other individual, to the Class equipment, or to the premises in which the Classes

occur. Should SWEAT208, or anyone acting on its behalf be required to incur attorney fees and costs to enforce this agreement, I agree to reimburse them for such fees

and costs.

E. Class Fee and Cancellation. The fee for each Class or Class package is determined by SWEAT208 from time to time, at SWEAT28’s sole discretion (the “Class Fee”).

I understand and agree that the Class Fee must be paid in full directly to SWEAT208 prior to my participation in any Class, and, except as otherwise described herein, such

Class Fee is non-refundable and non-transferrable. I agree to pay SWEAT208 all amounts due under this Agreement. I understand and agree that I must provide at least

two (2) hours written or in-app cancellation notice in accordance with the SWEAT208’s policies if I will be unable to attend a Class for any reason. If I do not provide this

notice, if I have a Class package, I will be charged for the missed Class, and if I have an unlimited membership, my account will be charged a eight dollar ($8) late

cancellation penalty. If I no-call, no-show to a class, I will be charged fifteen dollars ($15). I agree to these charges.

F.. Rules and Regulations. I agree to abide by the rules, regulations and schedules of SWEAT208 as stated herein, as well as those that may be posted at the SWEAT208 Premises,

on the SWEAT208 website, or issued orally, and which may be amended from time to time at SWEAT208’s sole discretion (collectively referred to herein as the “Rules and

Regulations”). I understand and agree that, at the sole discretion of SWEAT208, my Class participation may be revoked or suspended at any time, if in the judgment of SWEAT208 (i) I

consistently fail to observe the Rules and Regulations; (ii) I have otherwise behaved in a manner contrary to the best interests of SWEAT208 or any of SWEAT208’s clients; (iii) I have

instituted any type of legal action against SWEAT208, including but not limited to civil actions, arbitrations and/or mediations; and/or (iv) SWEAT208 has instituted any type of legal

action including, but not limited to civil actions, arbitrations and/or mediations against me. I understand and agree that I have no claim against SWEAT208 by reason of ITS refusal to

allow me to participate in any Class.

G. Class Schedule. Class schedule is subject to change, and Class may be cancelled due to unexpected circumstances. SWEAT208 reserves the right to change the Class schedule

at any time. SWEAT208 also reserves the right to cancel Classes or modify hours of operation for repair, maintenance or special occasions.

H. Loss of Property. I understand and agree that SWEAT208 will provide an area for my personal belongings to be held during the Classes; however, I understand and agree that

all such personal belongings are brought at my sole risk as to such property’s theft, damage, or loss. I am aware that I should not bring valuables onto the SWEAT208 Premises, and I

understand and agree that SWEAT208 shall not be liable for the disappearance, loss, theft, or damage to my personal property, including but not limited to money, negotiable

securities, items left in a coat check, cubbies or lockers, or jewelry.

I. Right of Publicity Release and License. I hereby irrevocably grant SWEAT208 the unrestricted right to use my name, appearance, image, likeness, voice, identity, picture

and/or personal story (together my “Likeness”) in any manner in connection with its business (including without limitation for purposes of advertising and trade). SWEAT208 shall

have the unrestricted right to any photograph or video in which I appear while participating in activities at the SWEAT208 premises. I release my rights of publicity, editorial rights, or

other rights with respect to my Likeness in connection with SWEAT208 business and acknowledge I will not receive any compensation for the use of my Likeness.

J. Emergencies. I hereby consent to receive first aid and/or any other first aid treatment or emergency care, from any SWEAT208 representative in the event of an accident,

injury or illness during the Class. I give SWEAT208 permission to seek emergency medical services for me in those circumstances and agree that I am responsible for any expenses

incurred. I hereby agree to hold harmless and indemnify SWEAT208 from any and all liability arising as a consequence of SWEAT208 providing or failing to provide first aid/or

seeking emergency medical services for me.

K. Dispute Resolution. This Agreement and the interpretations hereof shall be governed exclusively by its terms and by the laws of the Commonwealth of Idaho, without

reference to any choice of law provisions. The parties hereto acknowledge and agree that any legal action brought pursuant to this Agreement shall only be of proper venue

exclusively within the courts of the Commonwealth of Idaho located closest to SWEAT208’s principal office. Any litigation relating to this Agreement, brought by me shall be

commenced and maintained only in a federal or state court in the Commonwealth of Idaho; and I hereby consent to personal jurisdiction and venue in any such court. EACH PARTY,

TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING

OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTERS INVOLVING THE PARTIES HERETO. I further understand that I will bring such

dispute or claim within six (6) months of the incident giving rise to the cause of action, even if that time is less than the applicable statute of limitations, unless otherwise required by

law. Except as otherwise provided herein, the prevailing party in any lawsuit or other proceeding regarding this Agreement shall be entitled, in addition to other costs and damages, to

reasonable attorneys’ fees and litigation expenses. I acknowledge that any violation of this Agreement may subject SWEAT208 to irreparable injury not fully compensable in

monetary damages, and that in the event of such a violation SWEAT208 shall be entitled to preliminary or permanent injunctive relief. I further consent to court enforcement of the

specific language of this Agreement.

1. Program Description
By opting in, you agree to receive recurring automated text messages from [BRAND NAME] ("we," "us," "our") at the mobile number you provided. Messages may include [appointment reminders, order updates, account alerts, promotional offers, customer support follow-ups, etc. — customize to your actual use case]. Consent to receive these messages is not a condition of any purchase.

2. Message Frequency
You may receive up to [X] messages per [week/month]. Message frequency may vary depending on your activity and interactions with us.

3. Message and Data Rates
Message and data rates may apply. Charges are billed by and payable to your mobile service provider. Please contact your wireless carrier for details about your messaging plan.

4. How to Opt Out and Get Help
You can unsubscribe the SMS service at any time by replying STOP to any message we send you. After you send STOP, you will receive a one-time confirmation message, and no further messages will be sent. If you want to rejoin, you can sign up again using the original opt-in method or reply START. For help or more information at any time, reply HELP to any of our messages. You can also contact our support team directly at [SUPPORT EMAIL] or [SUPPORT PHONE NUMBER].

5. Carrier Liability Disclaimer
Carriers are not liable for any delayed or undelivered messages.

Link to Privacy Policy: www.sweat208.com/privacypolicy

L. Miscellaneous.

1. Survival. I agree that my obligations as detailed herein shall continue in effect after termination of this Agreement, regardless of the reason, and whether such termination is

voluntary or involuntary.

2. Headings. All headings used in this Agreement and its attachments are intended for convenience of reference only and shall not affect the construction or interpretation of the

Agreement. Words of any gender used in this Agreement shall be held to include any other gender, and words in the singular shall be held to include the plural when the sense

requires.

3. Severability. I acknowledge and understand that the terms contained in this Agreement are fair and reasonable, and are reasonably required for the protection of NTCS. If any

provision of this Agreement or the application thereof to any person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the

application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.

4. Binding Effect. I hereby agree that this Agreement shall be effective and binding on my heirs, next of kin, executors, administrators, successors, representatives, assigns

and/or transferees in the event of my death or incapacity.

5. Assignment. SWEAT208 may, at any time and without notice: (i) assign this Agreement to any entity that acquires all or substantially all of its assets or its business that is the

subject hereof, or (ii) assign this Agreement to any entity that is owned by SWEAT208.

6. Waivers. Waiver by SWEAT208 of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of such term, covenant or condition, or any

subsequent breach of the same or any other term, covenant or condition herein contained.

7. Modification. This Agreement may only be modified by the mutual written agreement of both parties hereto. No oral statement shall in any manner modify or otherwise affect

the terms and conditions set forth herein.

8. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements on this matter. There are no other written

or oral agreements, representations, or understandings with respect to the subject matter of this Agreement.

I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I voluntarily and knowingly agree to the terms and conditions

stated herein. I recognize that BY SIGNING THIS DOCUMENT, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING ANY RIGHT I OR MY heirs, next OF KIN, executors, administrators

and assigns MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST SWEAT208. I intend for my signature to be a complete and unconditional release of liability OF

SWEAT208 to the greatest extent permitted by law.