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I, the above-named user, hereby register voluntarily to engage in exercise and fitness activities and to use the exercise equipment, fitness areas and related locker and outdoor facilities at CampusFit (the “fitness center”), which is operated by TROPHY FITNESS DOWNTOWN, LLC (“Operator”) and which is located within the building located at 6501 Legacy Dr Plano, TX 75024 (the “Building”) owned by Capital Commercial, a Wisconsin limited liability company (“Owner”). ASSUMPTION OF RISK: I know, understand and appreciate the risks of entry upon and use of the Fitness Center’s facilities and equipment, including, but not limited to, loss or damage to personal property and serious, catastrophic or fatal personal injuries. I declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my use of the Fitness Center’s facilities and equipment. I acknowledge that I have either: (i) had a recent physical examination and have been given by my physician permission to use the Fitness Center’s facilities and equipment; or (ii) decided to use the Fitness Center’s facilities and equipment without approval of a physician and without regard to the possible consequences of such decision. I acknowledge and confirm that no supervisory personnel will be present when I use the Fitness Center’s facilities and equipment, and I hereby expressly assume all risk of use, including that I may suffer personal bodily or mental injury or death, economic loss or other damage. I acknowledge and agree that I am solely responsible for my safe and responsible entry upon and use of the Fitness Center’s facilities and equipment. Without limiting the foregoing in any way, I understand the hazards and risks associated with the novel coronavirus (“COVID-19”) and am familiar with the current state department of health where the Building is located (“SDH”) and Center for Disease Control and Prevention (“CDC”) guidelines regarding COVID-19, and I further understand that my use of and/or entry into the Fitness Center could substantially increase my chances of being exposed to COVID-19. Consequently, I hereby expressly assume all risks (including, without limitation, risk of injury, permanent bodily damage, illness, transmission, or death) related to, arising from or caused by COVID-19 in connection with or otherwise relating to my use of the Fitness Center’s facilities and equipment and/or access to the Athletic Club. Additionally, I acknowledge and understand that the SDH and CDC guidelines concerning COVID-19 are regularly modified and updated, and I accept full responsibility for familiarizing myself with the most recent updates and/or modifications of such guidelines. Consequently, I agree to follow all SDH and CDC guidelines, as modified or updated, when accessing the Athletic Club and/or using the Fitness Center’s facilities and equipment. RELEASE AND WAIVER: In consideration for being permitted to enter upon and use the Fitness Center’s facilities and equipment, on behalf of myself and my spouse, children, unborn children, heirs, representatives, guardians, successors and assigns, I HEREBY AGREE NOT TO SUE AND FOREVER RELEASE AND DISCHARGE THE OWNER AND OPERATOR, AND EACH OF THEIR RESPECTIVE TRUSTEES, AFFILIATES AND AFFILIATED ENTITIES, SUBSIDIARIES, PRINCIPALS, PARTNERS, DIRECTORS, OFFICERS, SHAREHOLDERS, MORTGAGEE(S), EMPLOYEES, CONTRACTORS, AGENTS, PROPERTY MANAGERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “FITNESS CENTER PARTIES”) FROM ANY AND ALL CLAIMS, CAUSES OF ACTION OR LIABILITY FOR ANY ILLNESS, INJURY, DEATH, THEFT, LOSS, LOSS OF USE OR DAMAGE TO PERSONAL PROPERTY, OR INCONVENIENCE ARISING OUT OF OR RELATING TO MY ENTRY UPON OR USE OF THE FITNESS CENTER’S FACILITIES OR EQUIPMENT, WHETHER OR NOT THE SAME ARISES OUT OF OR RESULTS FROM ANY ACT, OMISSION OR CONDUCT OF ANY OF THE ATHLETIC CLUB PARTIES, WHETHER NEGLIGENT OR OTHERWISE. WITHOUT LIMITING THE FOREGOING IN ANY MANNER, ON BEHALF OF MYSELF AND MY SPOUSE, CHILDREN, UNBORN CHILDREN, HEIRS, REPRESENTATIVES, GUARDIANS, SUCCESSORS AND ASSIGNS, I AGREE AND ACKNOWLEDGE THAT THE FOREGOING RELEASE AND WAIVER OF LIABILITY INCLUDES, WITHOUT LIMITATION, ALL INJURIES, ILLNESSES, LOSSES, THEFTS, LOSSES, INCONVENIENCES AND/OR DAMAGES WHICH MAY OCCUR, REGARDLESS OF AN FITNESS CENTER PARTY’S NEGLIGENCE, THAT ARISE OUT OF: (A) MY USE OF THE FITNESS CENTER (INCLUDING, WITHOUT LIMITATION, ALL FACILITIES AND EQUIPMENT LOCATED IN, ON OR AROUND THE ATHLETIC CLUB) AND MY PARTICIPATION IN ANY ACTIVITY, CLASS, PROGRAM, PERSONAL TRAINING OR INSTRUCTION THAT OCCURS IN CONNECTION WITH THE FITNESS CENTER (WHETHER IN, ON OR AROUND THE FITNESS CENTER); (B) THE SUDDEN AND/OR UNFORESEEN MALFUNCTIONING OF ANY EQUIPMENT LOCATED IN, ON OR AROUND THE FITNESS CENTER OR OTHERWISE USED IN CONNECTION WITH THE FITNESS CENTER; (C) ANY INSTRUCTION, TRAINING, SUPERVISION, OR DIETARY RECOMMENDATIONS PROVIDED BY ANY FITNESS CENTER PARTY; OR (D) MY SLIPPING AND/OR FALLING (AND/OR ANY OTHER INJURY) WHILE IN, ON OR AROUND THE FITNESS CENTER, INCLUDING, WITHOUT LIMITATION, ADJACENT SIDEWALKS AND PARKING AREAS. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING RELEASES AND WAIVERS OF LIABILITY COVER AND INCLUDE ANY NEGLIGENCE BY ANY FITNESS CENTER PARTY, INCLUDING, WITHOUT LIMITATION, ANY NEGLIGENCE ASSOCIATED WITH THE PRESENCE OF OR TRANSMISSION OF ANY BACTERIA, VIRUSES, OR INFECTIOUS DISEASES (WHICH INCLUDES, BY WAY OF EXAMPLE, NOT LIMITATION, COVID-19). INDEMNITY: In addition, I, on behalf of myself and my spouse, children, unborn children, heirs, representatives, guardians, successors and assigns, agree to hold harmless, indemnify and defend the Fitness Center Parties from all claims, demands, damages, causes of action and liability for any loss, damage or injury to person or property arising from or relating to my entry upon and use of the Fitness Center’s facilities or equipment, including without limitation, attorneys’ fees, expenses, costs and all consequential damages, WHETHER OR NOT RESULTING FROM ANY ACT, OMISSION OR CONDUCT OF ANY OF THE ATHLETIC CLUB PARTIES, NEGLIGENT OR OTHERWISE. THE WAIVER, RELEASE AND INDEMNITY PROVIDED ABOVE ARE INTENDED TO RELEASE AND INDEMNIFY FITNESS CENTER PARTIES AGAINST THE CONSEQUENCES OF A FITNESS CENTER PARTY’S OWN NEGLIGENCE OR FAULT, EVEN WHEN AN ATHLETIC CLUB PARTY IS SOLELY, JOINTLY, COMPARATIVELY, CONTRIBUTIVELY, OR CONCURRENTLY NEGLIGENT.NON-WAIVER/SEVERABILITY: I understand that the failure of Owner or Operator to enforce any of the Rules or Regulations of the Fitness Center (as may be modified by Owner or Operator from time to time) or any of its rights under this Release shall not be deemed or construed to be a waiver by Owner or Operator of its rights thereafter to insist upon compliance by myself and other users of the Fitness Center with all the Rules and Regulations of the Fitness Center. If any term or provision of this Release shall be invalid or unenforceable, then such term or provision shall be automatically reformed to the extent necessary to render such term or provision enforceable. The remainder of this Release shall not be affected, and each remaining and reformed provision of this Release shall be valid and enforced to the fullest extent permitted by law. I hereby acknowledge that I have carefully read the above paragraphs and that I fully understand the terms, conditions, significance and consequences of this Release; and that I have executed this Release knowingly and voluntarily of my own free will and intend for my signature to be complete and unconditional release of all liability to the greatest extent allowed by law.(Required)

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