Waiver

PARTICIPATION WAIVER AND RELEASE FORM

In consideration for being permitted to sign up for, access and/or attend classes, events, activities, and other programs (individually and/or collectively, the ‘classes”) and for using the premises, facilities and equipment (individually and/or collectively, the “studio”) of RIDETRIBE, I hereby acknowledge and agree to, on my own behalf, and on behalf of my personal representatives, heirs, assigns, executors, administrators, and next of kin, as follows:

I am aware and acknowledge that there are certain inherent risks and dangers associated with indoor cycling and the exercise equipment used in the Classes and the Studio, whether caused by me or not.

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

Upon entering RIDETRIBE, I will inspect this RIDETRIBE studio and my observation and use of the same shall constitute and acknowledgement that I find and accept such premises to be safe and reasonably suited for their intended purpose(s). If I do find any unsafe or unreasonably suited conditions with this RIDETRIBE studio I will immediately cease to continue with any activity and will immediately notify an employee of this RIDETRIBE studio of the unsafe or unreasonable suited conditions. I assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of the premises of the RIDETRIBE studio and agree to use care in the use of this RIDETRIBE studio and protect against accidents to and by other participants.

I am aware and acknowledge that the specific risks vary from one activity to another, but range from (i) minor injuries such as scratches, bruises, sprains and breaks; (ii) major injuries such as eye injury or loss of sight, hearing injury or loss of hearing, joint or back injuries, heart attacks, and concussions; and (iii)catastrophic injuries including paralysis and death.

I understand that RIDETRIBE shall have no responsibility to pay for medical treatment and related costs if I am injured.

At all times, I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me. I am aware and acknowledge that I should consult with my physician or have a physical examination before participating in Classes at this RIDETRIBE studio or enrolling in any Classes, especially if I have history of heart disease, high blood pressure or other chronic illness, or am unaccustomed to physical exertion or have other physical limitations. If in the subjective opinion of this RIDETRIBE staff, I would be at physical risk participating in this RIDETRIBE studio`s Classes, I understand and agree that I may be denied access to the Classes until I furnish this RIDETRIBE studio with an opinion letter from my medical doctor, at my sole cost and expense, specifically addressing the concerns of this RIDETRIBE studio and stating that the concerns of this RIDETRIBE studio are unfounded and without medical merit.

I agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by me in relation to the Classes and Studio; release, indemnify, and hold harmless this RIDETRIBE studio, and their direct and indirect parent, as well as subsidiary affiliate entities, and each of their respective officers, directors, shareholders, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from and againstany and all liability, responsibility, claims, actions, suits, procedures, costs, expenses, damages, injuries, expense, demand or cause of action that I may suffer whether with respect to personal injury, death, damage to or destruction of property, theft or otherwise that may arise out of or in any way be related to participation in the Classes or use of this RIDETRIBE studio; and represent that I:a) have no medical or physical condition that would prevent me from properly using any of this RIDETRIBE studio Classes, b) do not have a physical or mental condition that would put me in any physical or medical danger, and c) have not been instructed by a physician not to participate in physical exercise such as that offered by this RIDETRIBE studio.

I further understand and acknowledge that RIDETRIBE studio does not manufacture fitness or other equipment or products available in this RIDETRIBE studio and therefore this RIDETRIBE studio will not be held liable for defective equipment or products.

Accordingly, to the fullest extent permitted by law, I do hereby forever release, waive and discharge this RIDETRIBE studio from any and all claims, demands, injuries, damages, actions or cause of action (collectively, “Claims”) related to my participation in Classes and use of the Studio against this RIDETRIBE studio, RIDETRIBE ownership, or anyone acting on their behalf, and hereby agree to defend, indemnify and hold harmless this RIDETRIBE owner and this RIDETRIBE studio from and against any such Claims.

I am aware and acknowledge that if I have any Chronic disabilities or conditions, I am at risk in using this RIDETRIBE studio Classes and Studio, and should not be participating in any Classes which could cause increased risk of injury or adverse health consequences as a result of exercise. I am aware and acknowledge this RIDETRIBE ownership and RIDETRIBE studio make no claims as to medical results that can or may be obtained through participation in Classes. This RIDETRIBE studio or staff has neither suggested nor will suggest any medical treatment to me. Only licensed medical professionals are qualified to give medical advice. I am instructed not to act on the advice given by any unlicensed employee of this RIDETRIBE studio unless such advice has been verified by a participant’s licensed physician.

I hereby irrevocably consent to and grant RIDETRIBE the exclusive and unlimited right to use and reproduce any and all photographs, slides, moving pictures, audio and visual recordings or testimonial accounts taken by this RIDETRIBE employees, or at this RIDETRIBE Studio and events, that contain my name, image, voice, likeness or account, in any and all media now or hereafter known, including, without limitation, RIDETRIBE studio records, television, radio, print media and distribution over the internet, for illustration, exhibition, promotion, art, editorial, advertising, sale, press conferences, meetings, hearings, education conferences, trade, or any other purpose whatsoever, either with or without my name or photo accompanying such use. I waive the right to inspect, approve or edit any such use or reproduction, and RIDETRIBE may make any and all changes modifications, rearrangements, additions or deletions in its use reproductions with any approval. This permission extends to all languages, media, formats and markets now known or hereafter devised.

I am aware, acknowledge and agree that if any provision of this Participation Waiver and Release Form is found to be unenforceable or invalid in any way, the remaining provision will remain in force and effect.

I acknowledge that I have read this PARTICIPATION waiver AND RELEASE and have received the opportunity to discuss this with my legal counsel, fully understand its terms, and understand that I am giving up substantial rights including my right to sue this RIDETRIBE studio, RIDETRIBE ownership and RIDETRIBE employees under certain circumstances. Further, I acknowledge that I fully understand the terms of this PARTICIPATION waiver AND RELEASE is indefinite and acknowledge that I have signed it freely and voluntarily without any inducement, assurance, guarantee, or oral representation being made.