Agreement With Release And Waiver Of Claims

Celeste.fit is offering various fitness activities, online exercise programs and special events (collectively referred to herein as the “Fitness Programs”).

I, the undersigned, have enrolled in the Fitness Programs understanding the nature of the physical demands of and risks related to such activities. I understand that the physical demands of such activities, as well as the activities themselves, may result in injury to me and that such injury may be severe. I acknowledge that I am qualified to participate in the Fitness Programs, I am in good physical condition and I understand it is my responsibility to contact my doctor for approval before beginning the Fitness Programs. I hereby assume all risks on my behalf incidental to the nature of the activities and the Fitness Programs, including those risks which are not foreseeable. I acknowledge that the Released Parties are relying on this Agreement with Release and Waiver of Claims (the “Agreement”) in agreeing to allow me to participate in the Fitness Programs, and but for this Agreement, Celeste.fit would not have permitted my participation.

I understand and acknowledge that I am responsible for monitoring the strenuousness of the physical activities and exercise required under the Fitness Programs and in determining the extent of my participation for the duration of the Fitness Programs. Celeste.fit recommends that I undergo a physical and be examined by a licensed physician before engaging in the Fitness Programs. I have made my own determination whether or not to participate in the fitness program. I have either decided to consult my doctor as recommended or I have voluntarily declined to have a physical examination. I understand Celeste.fit expressly denies any liability or assumption of risk resulting from my failure to submit myself to a physical assessment or as a result of my own determination of my physical, mental or emotional capabilities to participate in the Fitness Programs.

In consideration of Celeste.fit coordinating and offering the activities, special events and services under the fitness programs, (i) agree that i engage in the fitness programs at my own risk and expressly assume all damages and risks associated with the fitness programs, including but not limited to the risk of injury and (ii) hereby fully and forever discharge, release, and agree to defend, indemnify and hold harmless (a) Celeste.fit, its owners, members, managers, partners, operators, investors, employees, volunteers, coaches, contractors, vendors, affiliates, agents and subsidiaries; and (b) all of their respective employees, officers, directors, shareholders, owners, members, managers, partners, agents, attorneys, insurance providers, representatives, consultants and contractors, and for each of the parties in (a) and (b) above, their respective heirs, successors and assigns (collectively, the “released parties”), from any and all liabilities, injuries, rights of action, causes of action, losses, damages, claims, demands, loss of compensation, costs and expenses (including attorneys’ fees, court costs, costs of investigation and expert fees) whether related to property damage, personal injury, death of persons or otherwise (collectively, “claims”), whether the same be known, anticipated or unanticipated, that may occur as a direct or indirect result or arising out of, regarding or relating to the activities, events, special events and services under the fitness programs, instruction by the Celeste.fit staff or as a direct or indirect result of my participation in the fitness programs, the taking or authorized use of photographs, video images or sound recordings of me or from any negligence on the part of the released parties, including, without limitation, claims resulting in whole or in part from (i) the negligent acts or omissions of the released parties, (ii) physical injury to me or death as a result of my participation in the fitness programs and (iii) any home or area where in-home personal training may be provided.

The provisions of any state, federal or local law providing that a release shall not extend to claims, demands, injuries or damages which are unknown or unsuspected to exist at that time, to the person executing such release, are hereby expressly waived.

This Agreement constitutes the entire agreement between Celeste.fit and the undersigned regarding the subjects covered hereby. All previous agreements, oral or written with regard to the subject matter hereof, are superseded and there exists no further oral or written representations, promises, assurances or statements of any kind affecting this Agreement except those which are expressly set forth in this document or referenced herein.

By becoming a member of Celeste.fit, I certify that I am over the age of 18. I have full legal capacity and authority under the law to consent and enter into this Agreement and to act for and on behalf of myself, my heirs, legal representatives, administrators, family members, successors and all other assigns to the terms of this Agreement. I agree to defend, indemnify and hold harmless the Released Parties for any claims or liabilities assessed against them as a result of any insufficiency of my legal capacity or authority to act on my behalf in the execution of this Agreement.