Liability Waiver

Refinery Fitness LLC

ASSUMPTION OF RISK, WAIVER & RELEASE OF LIABILITY, & INDEMNITY AGREEMENT

FIRST: Refinery Fitness LLC (FKA Rhinebeck Kettlebell Club LLC), and all its members, affiliates, locations, related entities, employees, independent contractors, agents, representatives, heirs, successors, and assigns are the gym ("Gym").

SECOND: By reviewing and agreeing to this waiver, you recognize yourself as the member and/or client ("Client") in this agreement.

DECLARATIONS: This Agreement is entered into between the Gym and the Client listed below. The provision of personal training services by the Gym to the Client, and the Client's use of the Gym's premises, facilities or equipment are contingent upon this Agreement.

ASSUMPTION OF RISK: You (Client) agree that if you engage in any physical exercise or activity, including personal training, or enter our (Gym) premises or use any facility or equipment on our (Gym) premises for any purpose, you do so at your own risk and assume the risk of any and all illness, injury, damage, or death you may suffer, whether while engaging in physical exercise or not. This includes illness, contracted via contact, airborne, or otherwise ("illness"), injury, damage, loss, liability, or death sustained while and/or resulting from using any premises or facility, or using any equipment, whether provided to you by the Gym or otherwise, including illness, injury, damage, loss, liability, or death arising out of the negligence of the Gym, whether active or passive. Your assumption of risk includes, but is not limited to, your use of any exercise equipment (mechanical or otherwise), courts, or other areas, locker rooms, bathrooms, sidewalks, parking lots, stairs, lobby or other general areas of the Gym, or any equipment. You assume the risk of your participation in any activity, class, course, program, instruction, or event, including but not limited to weightlifting, strength training, walking, jogging, running, yoga, aerobic activities, anaerobic activities, group fitness classes, sport-performance training, tennis, basketball, or any other sporting, recreational, health, wellness, or social endeavor. The risks of these activities vary and range from minor injuries such as scratches, bruises, and sprains, to major injuries such as muscle, tendon, and ligament tears, joint and back injuries, fractures, and concussions, to catastrophic injuries including heart attack, stroke, sudden cardiac arrest, rhabdomyolysis, paralysis, and death. These risks also include injuries caused by dropped weights, by equipment in use by others, and by the actions of other members, clients, or guests.

You understand that the Gym may be unsupervised. By agreeing to this waiver, you understand and acknowledge that you may be exercising alone, without supervision or a staff member onsite, and you are voluntarily taking part in any of (but not limited to) the activities listed in this waiver at your own risk. You assume all risk of illness, injury, damage, loss, liability, or death to you or your property that may result, including, without limitation, any loss or theft of any personal property, whether arising out of the negligence of the Gym or otherwise.

UNSTAFFED ACCESS AND EMERGENCIES: The Gym offers access during hours when no staff member is present on the premises ("unstaffed hours"). During unstaffed hours there is no supervision, no instruction, and no first aid or medical assistance available at the Gym, and the Gym has no duty to summon aid on your behalf. If you are injured, become unconscious, or suffer a heart attack, stroke, or other medical emergency during unstaffed hours, no one at the Gym will be able to respond to your emergency. You agree to keep a charged mobile phone with you while using the Gym during unstaffed hours and to call 911 in the event of an emergency. The Gym strongly recommends that you train with a workout partner who is also a member during unstaffed hours. An automated external defibrillator (AED) is located on the premises and is available for use by any person on the premises, including during unstaffed hours; you are encouraged to note its location and to review the operating instructions posted with it, and in an emergency to call 911 first. Any security cameras on the premises record for security purposes only, are not monitored in real time, and no emergency response should be expected based on camera footage.

You understand that the Gym will do its best to maintain standards on cleanliness and sanitation and will do its best to follow guidance provided by federal, state, and local agencies regarding illness, whether viral, bacterial, or otherwise, which may be contracted via contact, airborne, or otherwise ("illness"). However, this does not guarantee the complete elimination of the threat of contracting illness within or without the Gym.

Because the Gym is open for use by other individuals, you assume the risk of contracting illness and that you are personally responsible for your health, safety, and actions while at the Gym. You represent that you do not have a medical, physical, mental, or emotional condition (or combination thereof) that may prevent you from performing any of (but not limited to) the activities listed in this agreement. If such conditions exist, you agree to have explicitly declared so in writing before taking part in any activity at the Gym. Because physical exercise can be strenuous and subject to the risk of severe injury, the Gym urges you to obtain a physical examination from a physician before using any exercise equipment or participating in any exercise activity, and to complete the Gym's preparticipation health screening questionnaire (PAR-Q+) when asked. If you experience chest pain, dizziness, faintness, or unusual shortness of breath while exercising, you agree to stop immediately and seek medical attention.

RELEASE: You agree on behalf of yourself (and all of your family, spouse, estate, executors, administrators, agents, heirs, successors, assigns, and personal representatives) to release and discharge the Gym from any and all claims or causes of action (known or unknown) arising out of the negligence of the Gym, whether active or passive. This waiver and release of liability includes, without limitation, any loss, liability, damage, illness, injury, or death which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment, premises or facilities, (c) negligent instruction or supervision, including personal training, (d) negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from the Gym's facility or to or from personal training, including injuries resulting from the Gym's or anyone else's negligent inspection or maintenance of the facility or premises.

COVENANT NOT TO SUE: You further agree and covenant not to institute, or cause to be instituted, any legal or administrative action of any kind against the Gym arising out of the matters released, or purportedly released, under this Agreement.

INDEMNIFICATION: By execution of this agreement, you hereby agree to indemnify, save, protect, and hold harmless the Gym from any loss, liability, damage, illness, injury, death, or cost — including reasonable attorneys' fees and the costs of defending any claim — that the Gym may incur (a) due to your use of the Gym and/or the provision of personal training by the Gym to you, (b) arising from your own acts or omissions or your breach of this Agreement or the Gym's rules, or (c) arising from the acts, omissions, or presence of any person you admit to, bring into, or allow to enter the facility.

ACCESS, GUESTS, AND FACILITY RULES: Your access credential (including the Kisi app) is personal to you and may not be shared with, transferred to, or used by any other person. You agree not to open the door for, admit, or allow entry to any other person at any time, whether or not that person is a member. Only members with active access credentials may enter the Gym during unstaffed hours. Guests are permitted only during staffed hours, and every guest must sign the Gym's liability waiver before using the facility. Any person you admit in violation of this section is an unauthorized person; you understand that admitting an unauthorized person during unstaffed hours may constitute a trespass, and you will be responsible for, and will indemnify and hold the Gym harmless against, any loss, claim, injury, damage, or liability arising from that person's presence. Unsupervised (unstaffed-hours) access is limited to members aged eighteen (18) or older. Members under eighteen (18) may use the Gym only during staffed hours and only while accompanied and supervised by a parent or legal guardian who has executed this Agreement. You agree to follow all rules and instructions posted at the Gym, which are incorporated into this Agreement; to inspect equipment before use; not to use any equipment that appears damaged or malfunctioning and to report it to the Gym promptly; to use collars, safety arms or pins, and a spotter for heavy free-weight lifts; to re-rack all weights after use; and not to engage in any activity beyond your ability. Violation of this section or the Gym's rules may result in deactivation of your access credential and termination of your membership.

PERSONAL PROPERTY: The Gym is not responsible for the loss of, or damage to, your personal property. Lockers, if provided, are for convenience only and are not secured storage.

PHOTO AND VIDEO RELEASE: You consent to the Gym photographing or recording you at the facility and using your likeness in its marketing, website, and social media. You may withdraw this consent at any time in writing; withdrawal applies prospectively only. This release is separate from, and severable from, the liability provisions of this Agreement.

ACKNOWLEDGMENTS: You expressly agree that the foregoing release, waiver, assumption of risk and indemnity agreement are intended to be as broad and inclusive as permitted by the law in the State of New York and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that the Gym offers a facility and services to its clients encompassing the entire recreational and/or fitness spectrum. The Gym is not in the business of selling weightlifting equipment, exercise equipment, or other such products to the public, and the use of such items is incidental to the service provided by the Gym. You acknowledge and agree that the Gym does not place such items into the stream of commerce. This release is not intended as an attempted release of claims of gross negligence or intentional acts.

GOVERNING LAW AND VENUE: This Agreement shall be governed by the laws of the State of New York. Any action or proceeding arising out of this Agreement or your use of the Gym shall be brought in the state or federal courts located in Dutchess County, New York.

ELECTRONIC SIGNATURE: You consent to execute this Agreement electronically. Your electronic signature has the same force and effect as a handwritten signature, and you acknowledge that you have received, or have been given the opportunity to download and retain, a copy of this Agreement.

By signing below, you acknowledge that you have carefully read and understand this Agreement in its entirety and sign it voluntarily as your own free act and deed. You fully understand that it is a release of liability, express assumption of risk and indemnity agreement. You are sufficiently informed and agree that by executing this waiver and release, you are giving up your right to bring a legal action or assert a claim against the Gym for its negligence, or for any defective product used while receiving products and/or services from the Gym. You further agree that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. You are at least eighteen (18) years of age and fully competent; and you execute this Agreement for full, adequate, and complete consideration fully intending to be bound by the same.