STRENGTH AND WELLNESS COLLECTIVE (SWC)

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PARTICIPATION, ASSUMPTION OF RISK, RELEASE, INDEMNITY, AND ARBITRATION AGREEMENT

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PLEASE READ CAREFULLY. THIS IS A LEGAL DOCUMENT THAT AFFECTS YOUR RIGHTS. BY SIGNING, YOU ARE WAIVING CERTAIN LEGAL CLAIMS.

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1. Parties and Covered Activities

This agreement is between the undersigned participant and Strength and Wellness Collective LLC (SWC), including its owners, members, managers, employees, instructors, independent contractors, tenants who provide services on site, volunteers, agents, insurers, successors, and affiliates. Covered activities include all use of SWC premises, equipment, and services, and any classes, training, workshops, events, and online or off-site sessions, including Lagree, strength training, boxing, stretching, yoga and recovery.

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2. Health Status and Medical Clearance

I represent that I am physically able to participate safely. I will not participate if a physician has advised against it. I understand SWC does not provide medical advice, diagnosis, or treatment, and that I am solely responsible for my own health decisions.

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3. Rules, Instructions, and Personal Conduct

I will follow all posted rules and instructor directions. I will use equipment only as instructed, will not participate while impaired by alcohol, drugs, or medication, and will immediately report hazards, malfunctioning equipment, or injury.

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4. ASSUMPTION OF RISK

I understand that fitness activities involve inherent and other risks, including slips and falls, equipment failure, improper use of equipment, collisions, overexertion, dehydration, strains, sprains, tears, fractures, dislocations, rhabdomyolysis, and in rare cases, serious injury or death. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, ASSOCIATED WITH PARTICIPATION, INCLUDING RISKS ARISING FROM THE ORDINARY NEGLIGENCE OF SWC OR ANY RELEASED PARTY.

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5. RELEASE AND WAIVER OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY NORTH CAROLINA LAW, I RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS SWC AND ALL RELEASED PARTIES FROM ANY AND ALL CLAIMS AND LIABILITY FOR PERSONAL INJURY, ILLNESS, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO MY PARTICIPATION IN THE COVERED ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF SWC OR OTHERWISE. This waiver does not cover gross negligence, willful or wanton misconduct, or intentional harm, which cannot be waived under NC law.

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6. Covenant Not To Sue and Indemnity

I will not sue SWC or the released parties for any claim covered by this agreement. I agree to defend, indemnify, and hold harmless SWC and the released parties from any claim, demand, or cost, including attorneys' fees, brought by me or any third party arising from my participation, my breach of this agreement, or my violation of rules or instructions.

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7. Property and Valuables

I understand SWC is not responsible for loss, theft, or damage to personal property brought to SWC locations or events.

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8. Emergency Care Consent

If I am injured or become ill, I authorize SWC to obtain emergency medical care and transportation. I am responsible for any related costs. SWC does not assume a duty to provide medical care.

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9. Media Consent

I consent to SWC capturing and using my image, voice, or likeness for marketing, education, and promotional purposes in any medium, without compensation. I may revoke this consent prospectively by written notice, understanding revocation does not apply to materials already produced.

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10. Communicable Diseases

I understand that participation may expose me to viruses or illnesses, including COVID-19. I assume these risks and agree to follow SWC health and hygiene rules.

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11. Arbitration, Class Action Waiver, Venue, and Governing Law

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a. Any dispute arising out of or related to this agreement or my participation shall be resolved by binding arbitration administered by JAMS under its consumer rules. The Federal Arbitration Act applies.

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b. I WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

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c. Claims that qualify for small claims court may be brought there.

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d. North Carolina law governs, without regard to conflict rules, and venue for any non-arbitrated court proceeding is Mecklenburg County, NC.

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12. Severability and Interpretation

If any part of this agreement is held unenforceable, the rest remains in effect. This agreement shall be construed to the fullest extent allowed to provide protection for ordinary negligence, consistent with NC law.

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13. Entire Agreement and Consideration

This is the entire agreement regarding liability and risk. My access to SWC facilities and activities is the consideration for this agreement. I am not relying on any statement not contained here.

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ACKNOWLEDGMENT AND AGREEMENT

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BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT IN FULL, INCLUDING THE ASSUMPTION OF RISK AND RELEASE OF LIABILITY SECTIONS ABOVE. I UNDERSTAND THAT I AM GIVING UP LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE SWC FOR ORDINARY NEGLIGENCE. I SIGN FREELY AND VOLUNTARILY.