AGREEMENT AND RELEASE OF LIABILITY

1. In consideration of being allowed to participate in any activities, programs and/or nutritional programs of any Thick but Fit Crew (TBFC) and/or to use the facilities, equipment and/or machinery of any TBFC club, in addition to payment of any fee or charge, and subject only to the statutory rights and implied warranties which cannot be excluded, I do hereby wave, release and forever discharge TBFC, its officers, affiliates, subsidiaries, agents, employees, representatives, executors and all others, and TBFC clubs, their officers, affiliates, subsidiaries, agent, employees, representatives, executives and all others (TBFC) from any and all responsibilities of liabilities from injuries or damages arising out of or connected with my participation in any nutritional program of any TBFC clubs and/or my attendance at any TBFC club, including my participation in all activities, my use of equipment and/or machinery, passive or active, any omission or commission, including any liability arising from negligence of TBFC representatives on any premises owned, operated, controlled and/or leased by TBFC Fitness.
2. I understand and am aware that strength training, flexibility and aerobic exercise, including the use of equipment, are a potentially hazardous activity. I also understand that fitness activities and nutritional programs involve a risk of injury and even death. If I engage in any type of exercise and/or nutritional programs in any TBFC Fitness, I acknowledge that I am voluntarily participating in these activities and using equipment and machinery with knowledge of the dangers involved. Subject only to the statutory rights and implied warranties which cannot be excluded, I hereby agree to expressly assume and accept any and all risks of injury or death in respect of myself and caused directly by me or as a result of my conduct, omissions or negligence to others. I hereby further agree to expressly assume all responsibility for any injury or death caused directly or indirectly through my conduct, omissions or negligence to any third person (including TBFC Fitness representatives) through my attendance and or participation in any nutritional programs at any TBFC Fitness and any premises owned, operated, controlled and/or leased by TBFC representatives.
3. I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would present my participation or use of equipment or machinery, and/or my participation in any nutritional programs of any TBFC Fitness. I do hereby acknowledge that I have been informed of the need for a medical practitioner’s approval for my participation in any exercise fitness activity, in the use of exercise equipment and machinery and, if applicable, in the participation of any nutritional program of any TBFC Fitness. I also acknowledge that it has been recommended that I have a yearly or more frequent physical examination and/or consultation with my physician as to physical activity, exercise, use of exercise and training equipment, and participation of any nutritional program of any TBFC Fitness or that I have decided to participate in the physical activity, exercise, use of exercise and training equipment, and participation of any nutritional program of any TBFC Fitness without the approval of my physician and do hereby assume, subject only to the statutory rights and implied warranties which cannot be excluded, all responsibility for my participation in the physical activity, exercise, use of exercise and training equipment, and participation of any nutritional program of any TBFC Fitness. I do hereby acknowledge that, unless expressly informed otherwise, TBFC Fitness and their respective employees and agents are not medical experts or practitioners, and I do not rely on them for medical advice or decisions.