THIS CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND RISE CYCLE.

WAIVER AND RELEASE

Last Updated: February 26, 2024

In consideration for participating in exercise activities, services by attending classes, events, and other programs including the use of spin bikes of the RISE CYCLE & HOT YOGA INC. (“RISE CYCLE”) in association with Classes and Facilities of RISE CYCLE its affiliates and its subsidiaries, you hereby acknowledge on behalf of yourself, your heirs, your guests, all participating group members (private and semi-private events), personal representatives and/or assigns, that there are certain inherent risks and dangers with the Classes and Facilities. You acknowledge that some of these risks cannot be eliminated regardless of the care taken to avoid injuries. You also acknowledge that the specific risks vary from one activity to another, but range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; and (3) catastrophic injuries including paralysis and death. At all times, you shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to you by staff. If in the subjective opinion of the RISE CYCLE staff, you would be at physical risk participating in RISE CYCLE’s Classes you understand and agree that you may be denied access to the Classes and Facilities until you furnish RISE CYCLE with an opinion letter from your medical doctor, at your sole cost and expense, specifically addressing RISE CYCLE’s concerns and stating that RISE CYCLE concerns are unfounded. In consideration of being allowed to participate in and access the Classes and Facilities, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you, your guests, or group in relation to the Classes and Facilities, (2) release, indemnify, and HOLD HARMLESS RISE CYCLE, its direct and indirect parent, subsidiary affiliate entities, and each of their respective officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Classes or use of the Facilities, and (3) represent that you (a) have no medical or physical condition that would prevent you from properly using any of RISE CYCLE's Classes and Facilities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise. You acknowledge that if you have any chronic disabilities or conditions, you are at risk in using RISE CYCLE's Classes and Facilities, and should not be participating in any Classes. RISE CYCLE reserves the right to deny entry to any participant if in it's sole opinion, the participant poses a safety risk to him/herself or others.

By attending in person classes, events, activities, and other programs and/or entering RISE CYCLE location/s, to the extent allowed by applicable law, you voluntarily agree, on behalf of yourself, your heirs, your guests, all participating group members (private and semi-private events), personal representatives and/or assigns: (a) to assume all of the foregoing risks related to injury, illness, damage, loss, claim, liability, or expense of any kind (including, but not limited to, personal injury, disability, and/or death) that may occur to you, yours guests, or your group in connection with attendance at RISE CYCLE location/s, and (b) covenant not to sue RISE CYCLE, its instructors, clients, and employees for any such claim, including all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto based on the actions, omissions, or negligence of RISE CYCLE, its instructors, its members, and its employees, before, during, or after entering a RISE CYCLE location. You also acknowledge that some provinces do not allow waiver of certain types of risks so the above limitations may not all apply to you.

In addition, by booking and then attending in-person classes, you also agree and consent to the following protocols as a condition of entry into any RISE CYCLE location:

Valuables and Personal Property: Clients acknowledge that they have been urged to avoid bringing valuables into the Facilities and that RISE CYCLE shall not be liable for the loss of, theft of, or damage to personal property, including items left in lockers, bathrooms, studios, or anywhere else in the Facilities. Clients acknowledge that no portion of any fees paid by them is in consideration for the safeguarding of valuables.

I acknowledge and agree that while participating in activities, programs and events offered by RISE CYCLE, I may be photographed, taped, recorded or broadcast and I agree to the unrestricted use (alone or together with other materials) of my image or likeness for use on print, web, publications, advertisements, social media, non-theatrical, home video, Internet, any other electronic medium presently in existence or invented in the future, etc. I also understand that no compensation, fee or royalty will be payable to me from such usage. I represent that it is not necessary for RISE CYCLE to obtain permission from or to pay any third party in connection with the rights granted in this paragraph.

I HAVE READ THIS ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY AND WAIVER OF LIABILITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP CERTAIN RIGHTS, INCLUDING THE RIGHT TO SUE. I ACKNOWLEDGE THAT I AM SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY, AND INTEND BY MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE EXTENT ALLOWED BY LAW.