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Metroflex, LLC

1800 Dolphin Drive, Waukesha, Wisconsin 53186

METROFLEX, LLC("Metroflex") is a serious training facility and in consideration for being permitted to access and/or attend the Activity or Event (as defined below) and for using the premises, facilities, and equipment (the “Gym”), I hereby acknowledge and agree to enter into this Release of Liability. In executing this Release of Liability (“RELEASE OF LIABILITY”). I,

understand that participating in training at Metroflex includes,

but is not limited, to weight lifting with free weights, weight lifting with or on machines intended for such purpose, use of implements and/or devices designed or used in the course of weight lifting and exercise, Crossfit or other functional fitness activity, strongman events, power-lifting, Olympic lifting, arm wrestling, bikini, figure, physique, body building, pole dancing, or fitness, whether for personal benefit and/or competitive settings and whether classified as an amateur or professional ("Activity or Event") and such Activity or Event involves risks, dangers and hazards that may cause serious personal ingury or death.

Risks vary from one Activity or Event to another, however, risks can include, but are not limited to: (i) minor injuries such as scratches, bruises, back pain, joint pain, dislocations, sprains, and breaks; (ii) serious injuries such as joint injuries, back injuries, cardiovascular injuries such as heart attacks, and concussions; and (iii) permanent injuries such as paralysis or death.

Opportunity to Negotiate: In accordance with Wisconsin law, Metroflex offers you the opportunity to negotiate the terms and conditions of this RELEASE OF LIABILITY prior to signing by contacting Metroflex at (262) 259-0011 or metroflexmke@gmail.com.


The result of any such negotiation may alter the terms and conditions, including the Monthly Membership Fee, as set forth in the Membership Agreement.

Acknowledgments

By initialing below, I understand, represent, warrant, and agree to the following:


1. I acknowledge the Activity or Event may involve a test of a person’s physical and mental limits and may carry with it certain inherent risks, dangers and hazards associated with participation in an Activity or Event, and those risks are not limited to the risks listed above.


2. I certify that I am physically fit, have sufficiently prepared or trained for the participation in the Activity or Event, and have not been advised to not participate by a qualified medical professional.


3. I am aware, acknowledge and agree that I should consult with my physician or have a physical examination before participating in an Activity or Event, and that such consultation or examination may decrease the possibility of injury.


4. I acknowledge that Metroflex may require me to provide written physician approval before I participate in an Activity or Event.


5. I certify that there are no health-related reasons or problems that preclude my participation in any Activity or Event.


6. I acknowledge that it is my responsibility to disclose any medical condition or medication that could limit or prevent me from performing the Activity or Event, and it is my obligation to inform a representative of Metroflex of any medical issues that arise while participating in an Activity or Event.


7. I am aware that some risks cannot be eliminated regardless of the care taken to avoid injuries and understand and agree that Metroflex provides the Gym “as is” and disclaims all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.


8. I recognize that the use of workout equipment, including weights, workout machines, and workout accessories are dangerous.


9. I understand that during an Activity or Event or related activities, I may be photographed. I hereby consent to and grant to Metroflex the right to use and reproduce any and all photographs, videos, testimonials, or other recordings taken by Metroflex, or its employees, event holders, producers, sponsors, organizers and their assigns for editorial, trade or advertising purposes.


10. I hereby consent to receive medical treatment by a licensed medical professional if it is available in the event of injury, accident, and/or illness during an Activity or Event.


11. I acknowledge that I have the right to talk with a representative of Metroflex to discuss questions or negotiate terms and

conditions of this RELEASE OF LIABILITY by calling (262) 259-0011. I acknowledge that I was given an opportunity to negotiate the terms of this RELEASE OF LIABILITY and I decline or accept (initial below) this opportunity to negotiate.

12. I agree that this RELEASE OF LIABILITY is governed by Wisconsin law. Venue for any dispute arising from this RELEASE OF LIABILITY shall be solely in Waukesha County, Wisconsin.


13. I acknowledge and agree that if any provision of this RELEASE OF LIABILITY is found to be unenforceable or invalid in any way, the remaining provisions will remain in full force and effect.

I certify that I have read and understand the above acknowledgments. (Inital Below)

RELEASE OF LIABILITY

IN CONSIDERATION OF THE ABILITY TO PARTICIPATE IN AN ACTIVITY OR EVENT AT METROFLEX, AND TO THE FULLEST EXTENT PERMITTED BY LAW, I WAIVE, RELEASE, DISCHARGE, DISCHARGE METROFLEX AND/OR ITS OWNERS, SHAREHOLDERS, BOARD MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS,

REPRESENTATIVES, AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) AND HOLD THE RELEASED PARTIES HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, INJURIES, DAMAGES, ACTIONS, OR CAUSES OF ACTION (COLLECTIVELY, THE “CLAIMS”) CAUSED BY OR ARISING OUT OF ANY OF THE FOLLOWING: THE NEGLIGENT ACT OR OMISSION (BUT NOT INCLUDING AN INTENTIONAL OR RECKLESS ACT OR OMISSION) BY ME OR ANY INDIVIDUAL OTHER THAN THE RELEASED PARTIES; MY FAILURE TO DISCLOSE ANY PRE-EXISTING MEDICAL CONDITIONS, LIMITATIONS OR SENSITIVITIES; OR MY PARTICIPATION IN AN ACTIVITY OR EVENT.


This RELEASE OF LIABILITY does not release, discharge, or waive any claims I may have for reckless or intentional acts on the part of any of the Released Parties.


I acknowledge that I have read this RELEASE OF LIABILITY and have received the opportunity to discuss this with my legal counsel, fully understand its terms, and understand that I am waiving certain legal rights, including my right to sue Metroflex, and the Released Parties for certain claims. I understand that I am able to exercise the option to decline to execute this RELEASE OF LIABILITY, and I acknowledge that I am entering into this RELEASE OF LIABILITY voluntarily without inducement, assurance, guarantee, or other oral representations being made.

Date

If under 18 years old, this RELEASE OF LIABILITY must be executed by a parent or guardian, minors may not participate in any

Activity or Event without the express written consent of a parent or guardian and those minors under the age of 16 must be

accompanied by a parent or guardian while participating in the Activity or Event.

Date

RELEASE OF LIABILITY FORM

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