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I GRIND 365 PARTICIPANT ASSUMPTION OF RISK, WAIVER & RELEASE OF LIABILITY

83 Karner Road, Albany, NY 12205

1 Maple Road Voorheesville, NY 12186

NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. Read this document carefully and in its entirety. By signing this agreement, you give up your right to bring a court action to recover compensation or obtain any other remedy for any personal injury or property damage, however caused, arising out of your participation in I Grind 365 programs, instruction, or activities, now or at any time in the future.

ASSUMPTION OF RISK

In consideration of the fee paid and the opportunity to participate in I Grind 365 fitness programs and instruction, I, the undersigned participant, acknowledge and agree that there is an inherent risk of personal injury in the course of physical training and instruction. With full knowledge and understanding of these risks, I voluntarily agree to assume all risk of injury and damages that may arise during my participation.

The inherent risks of participation include, but are not limited to:

(1) Slips, trips, and falls; (2) Muscle strains, sprains, and other athletic injuries; (3) Injuries resulting from the use of fitness equipment; (4) Injuries sustained during transit to or from I Grind 365 facilities or associated events; and (5) Any other injury or damage arising from physical exertion or participation in fitness activities.

I further acknowledge that this list is not exhaustive and in no way limits the scope or operation of this Agreement.

PHYSICAL FITNESS & MEDICAL CONDITION

I understand and acknowledge that participation in I Grind 365 programs involves significant physical demands. By signing this Agreement, I represent and warrant that:

(1) I am in good physical condition and have no injuries, illnesses, or medical conditions that would prevent my safe participation; (2) I have consulted with, or have had the opportunity to consult with, a licensed physician prior to participation; (3) I am not under the influence of alcohol, drugs, or any other intoxicating substance; and (4) I will immediately notify an I Grind 365 instructor or staff member if I experience any pain, discomfort, or change in my physical condition during participation.

I understand that in the event of injury, the only medical treatment I Grind 365 is obligated to provide on-site is basic first aid. I agree that I am solely responsible for obtaining any additional medical care I may require.

SAFETY COMPLIANCE

I agree to strictly follow all instructions provided by I Grind 365 instructors and staff, and to observe all posted safety rules and facility guidelines at all times. I understand that failure to comply with safety instructions may result in suspension or termination of my participation without refund.

WAIVER, RELEASE & HOLD HARMLESS

I, the undersigned participant, on behalf of myself, my heirs, representatives, executors, administrators, and assigns, hereby agree to RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS I Grind 365 and all other individuals and entities connected with its programs and facilities, including but not limited to its owners, officers, directors, employees, instructors, volunteers, agents, sponsors, promoters, operators, hosts, associations, and other participants (collectively, "Releasees"), from any and all losses, damages, injuries, causes of action, claims, demands, and complaints of any kind or nature, whether known or unknown, arising out of or related to:

(1) My participation in any I Grind 365 program, class, instruction, or activity; (2) My use of I Grind 365 facilities, equipment, or premises; (3) Any event, activity, or program associated with I Grind 365; or (4) My transit to or from any I Grind 365 facility or associated event.

This release applies regardless of the cause of injury or damage, including but not limited to the negligence — active or passive — of any Releasee.

INDEMNIFICATION

I agree to INDEMNIFY AND HOLD HARMLESS all Releasees from any and all causes of action, claims, demands, losses, costs, and expenses of any nature whatsoever — including reasonable attorneys' fees — arising out of or in any way related to my participation in I Grind 365 programs or my use of its facilities.

MEDIA & PUBLICITY RELEASE

I hereby grant I Grind 365 permission to photograph, record audio, and/or create video recordings of me in connection with my participation in I Grind 365 programs and activities. I agree that any such photos, audio recordings, or video footage may be used by I Grind 365 for any lawful purpose, including but not limited to publication, promotion, advertising, articles, social media, and broadcast, without requiring additional consent and without compensation to me, now or at any time in the future.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Any dispute arising under or related to this Agreement shall be subject to the exclusive jurisdiction of the courts of the State of New York, County of Albany.

PARTICIPANT ACKNOWLEDGMENT

I HAVE CAREFULLY READ THIS ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT IN ITS ENTIRETY. I UNDERSTAND ITS TERMS AND SIGN IT VOLUNTARILY. I ACKNOWLEDGE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS HAVE BEEN MADE TO ME APART FROM THE TERMS OF THIS WRITTEN AGREEMENT.

I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM I GRIND 365 AND THE RELEASEES IN THE EVENT OF PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH ARISING FROM MY PARTICIPATION.

I UNDERSTAND THAT THIS DOCUMENT CONSTITUTES A PROMISE NOT TO SUE AND A FULL RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS.

IF SIGNING ON BEHALF OF A MINOR: I REPRESENT AND WARRANT THAT I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR IDENTIFIED BELOW AND THAT I HAVE FULL LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT ON THEIR BEHALF.

I GRIND 365 COVID-19 ASSUMPTION OF RISK, WAIVER & RELEASE OF LIABILITY

83 Karner Road, Albany, NY 12205

1 Maple Road Voorheesville, NY 12186

NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. Read this document carefully and in its entirety. By signing this agreement, you give up your right to bring a court action to recover compensation or obtain any other remedy for any personal injury or property damage, however caused, arising out of your participation in I Grind 365 programs now or at any time in the future.

ASSUMPTION OF RISK

I hereby acknowledge and agree that participation in I Grind 365 fitness activities comes with inherent risks. I have full knowledge and understanding of the inherent risks associated with participation in I Grind 365 fitness programs and facilities, including but not limited to:

(1) Slips, trips, and falls (2) Athletic injuries (3) Illness, including exposure to and infection with communicable viruses or bacteria

I further acknowledge that the preceding list is not inclusive of all possible risks associated with fitness program participation and facility use, and that said list in no way limits the scope or operation of this Agreement.

CORONAVIRUS / COVID-19 WARNING, DISCLAIMER & MEMBER WARRANTIES

Coronavirus (COVID-19) is a contagious virus that spreads through person-to-person contact. Public health authorities recommend precautionary measures — including staying home when symptomatic — to prevent the spread of communicable illness. COVID-19 and its variants can lead to severe illness, personal injury, permanent disability, and death. Participating in I Grind 365 programs or accessing I Grind 365 facilities may increase the risk of contracting COVID-19 or other communicable illnesses. I Grind 365 does not warrant that COVID-19 infection will not occur through participation in its programs or use of its facilities.

The undersigned hereby agrees, represents, and warrants that neither the undersigned nor any participating minor children shall visit or utilize the facilities, services, or programs of I Grind 365 under any of the following circumstances:

(1) Within 5 days of testing positive for COVID-19 or any other communicable illness; (2) While experiencing symptoms of COVID-19, including but not limited to fever, cough, shortness of breath, or loss of taste or smell; (3) Within 5 days of known close contact with a person who has a suspected or confirmed case of COVID-19; or (4) While subject to an active isolation or quarantine order issued by a public health authority.

The undersigned agrees to notify I Grind 365 immediately if any of the foregoing access restrictions apply. The undersigned acknowledges and assumes both the known and potential risks of utilizing the facilities, services, and programs of I Grind 365 and acknowledges that such use may, despite I Grind 365's reasonable efforts to mitigate risks, result in exposure to COVID-19 or other communicable illness, which could result in serious illness, disability, and/or death.

Members are encouraged to remain informed of current public health guidance issued by the Centers for Disease Control and Prevention (CDC) and the New York State Department of Health, and to follow applicable recommendations when visiting I Grind 365 facilities.

WAIVER, RELEASE, INDEMNIFICATION & COVENANT NOT TO SUE

In consideration of my participation in I Grind 365 fitness programs and use of its facilities, I, the undersigned participant, knowingly and voluntarily agree to release, and on behalf of myself, any participating minor children, my heirs, representatives, executors, administrators, and assigns, HEREBY DO RELEASE I Grind 365, its officers, directors, employees, volunteers, agents, representatives, and insurers (collectively, "Releasees") from any and all causes of action, claims, or demands of any nature whatsoever — including but not limited to claims of negligence — which I, my heirs, representatives, executors, administrators, and assigns may have, now or in the future, against I Grind 365 on account of personal injury, property damage, death, or accident of any kind, arising out of or in any way related to the use of I Grind 365 facilities or equipment, or participation in I Grind 365 programs, whether such participation is supervised or unsupervised, and however the injury or damage occurs, including but not limited to the negligence of Releasees.

THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF, ILLNESS, BODILY INJURY, DEATH, OR PROPERTY DAMAGE TO THE UNDERSIGNED OR SUCH PARTICIPATING MINOR CHILDREN DUE TO NEGLIGENCE — ACTIVE OR PASSIVE — OR OTHERWISE WHILE IN, ABOUT, OR UPON THE PREMISES OF I GRIND 365 AND/OR WHILE USING THE PREMISES, FACILITIES, OR EQUIPMENT THEREON, OR PARTICIPATING IN ANY PROGRAM AFFILIATED WITH I GRIND 365.

The undersigned acknowledges that any illness or injuries sustained may be compounded by negligent first aid or emergency response by Releasees and hereby waives any claim in respect thereof.

In consideration of my participation in I Grind 365 programs and access to its facilities, I, the undersigned participant, agree to INDEMNIFY AND HOLD HARMLESS Releasees from any and all causes of action, claims, demands, losses, or costs of any nature whatsoever arising out of or in any way related to my program participation or facility access.

I hereby certify that I have full knowledge of the nature and extent of the risks inherent in fitness program participation and facility use, and that I am voluntarily assuming said risks. I understand that I will be solely responsible for any loss or damage — including personal injury, property damage, or death — that I sustain while participating in I Grind 365 programs or using its facilities, and that by signing this Agreement I hereby release Releasees from all liability for such loss, damage, or death.

I further certify that I am in good health and that I have no conditions or impairments that would preclude my safe participation in I Grind 365 programming or facility use.

MEMBER ACKNOWLEDGMENT

I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT, AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.

I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM I GRIND 365 IN CASE OF ILLNESS, INJURY, DEATH, OR PROPERTY LOSS OR DAMAGE — INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AT ANY I GRIND 365 FACILITY OR PROGRAM AND ANY ILLNESS, INJURY, OR DEATH RESULTING THEREFROM.

I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS.

IF SIGNING ON BEHALF OF A MINOR: I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS, AND I REPRESENT AND WARRANT TO I GRIND 365 THAT I HAVE FULL LEGAL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).

I GRIND 365 MEMBERSHIP AGREEMENT & TERMS AND CONDITIONS

83 Karner Road, Albany, NY 12205

1 Maple Road Voorheesville, NY 12186

Member Name: {name} | Membership Plan: {membership_title} Membership Duration: {membership_duration} | Monthly Fee: {membership_fees} | Start Date: {start_date}

ELECTRONIC FUNDS TRANSFER (EFT) AUTHORIZATION

I, {name}, authorize I Grind 365 to transfer electronic funds on a recurring basis from the checking, savings, or credit card account specified above for my membership dues. This authorization shall remain in effect until I Grind 365 has collected all charges assessed in connection with the terms and conditions of this Agreement.

MEMBERSHIP TERM

I acknowledge and agree that I will maintain membership and pay the dues specified above for a minimum term of {membership_duration}. I agree that I will be liable for dues for the entire {membership_duration} term of this Agreement in the amounts stated herein, regardless of usage or any change in circumstance.

PAYMENT

I understand my next payment of {membership_fees} is due on {start_date} and on the same day of each calendar month thereafter.

MEMBERSHIP RENEWAL

After the initial membership term has expired, this Agreement shall automatically continue on a month-to-month basis at the prevailing membership rate, which is subject to change, until I contact I Grind 365 in writing to cancel. I am responsible for all charges billed or incurred prior to cancellation. Membership benefits are exclusive to the named member and are non-transferable.

PROGRAM ENROLLMENT & MEMBER OBLIGATIONS

I Grind 365 agrees to provide, and the Member, {name}, agrees to purchase, competent instruction supervised by qualified personnel trained in the procedures and traditions of the applicable activities.

The Member acknowledges and agrees to the following:

1. I have chosen to enroll in the following program(s) and classes: {membership_title}
2. Upon completion and full payment of any phase or program, members wishing to continue with the next phase or program must enter into a new Agreement.
3. I Grind 365, or any party designated by I Grind 365, may photograph or film me while I am on the premises and use any and all such photos, video footage, and/or video streaming for promotional, sales, publicity, and advertising purposes across all media, including but not limited to the internet.
4. The required physical exertion may be strenuous and may cause physical injury. I am fully aware of the risks and hazards involved. I represent that I am physically fit to receive and participate in the prescribed course of instruction. I acknowledge that I have been advised to consult with a physician prior to participation, and that my physician has confirmed I have no medical condition that would prevent my full participation in the classes.
5. In consideration of being permitted to participate in the classes, I — for myself, my heirs, executors, administrators, successors, and assigns, and anyone else who may claim on my behalf — hereby waive any and all claims, liability, and damages I may now or in the future have against I Grind 365, its directors, officers, instructors, and staff, and all persons acting under its authority, and their respective heirs, executors, administrators, successors, and assigns, arising by any means whatsoever, including but not limited to death, injury, or damage to or loss of my person or property of any kind, however caused, arising from or in connection with my participation in the classes.
6. I hereby release, remise, and forever discharge I Grind 365, its directors, officers, instructors, and staff, and all persons acting under its authority, and their respective heirs, executors, administrators, successors, and assigns, from and against all demands, claims, actions, damages, costs, and expenses arising from or with respect to death, injury, or damage to or loss of my person or property of any kind, however caused, arising from or in connection with my participation in the classes, whether or not caused in whole or in part by the negligence or gross negligence of I Grind 365.
7. I will hold harmless and indemnify I Grind 365, its directors, officers, instructors, and staff, and all persons acting under its authority, and their respective heirs, executors, administrators, successors, and assigns, from any and all liability for damage or injury to the property or persons of any third party resulting from my participation in or presence during any of the classes.
8. I will comply with all rules and regulations of I Grind 365.
9. A service charge of $20.00 will be assessed for any payment that is 10 days past due. If three (3) payments become 10 days past due during the term of this Agreement, I agree to pay the remaining balance of the Agreement in full, in addition to any and all collection or recovery charges incurred.
10. I hereby agree that if I Grind 365 is unable to process payment from the designated account I have provided, I Grind 365 is permitted to use any other account information provided, as many times as necessary, to collect any unpaid payments and service charges as set forth in Section 9 of this Agreement.
11. In addition to any rights and remedies it may otherwise have, I Grind 365 may terminate this Agreement upon ten (10) days' written notice if I fail to comply with my obligations and do not cure such failure within ten (10) days of receiving such notice.
12. Failure to attend classes does not relieve me of the obligation to pay the full tuition for the program or phase in which I am currently enrolled.

CANCELLATION POLICY

This Agreement may be cancelled at any time upon payment of a cancellation fee equal to 50% of the remaining prorated tuition. Discounts previously applied will not be considered in the calculation of the cancellation fee.

To cancel, the member and/or co-signer must provide 30 days' written notice delivered to I Grind 365 at least 30 days prior to the desired cancellation date by one of the following methods: registered mail, electronic mail, facsimile, or in-person delivery to:

I Grind 365 — 83 Karner Road, Albany, NY 12205

An account will be considered in default after 60 days of non-payment. Facility access will be terminated at or before that date.

Notwithstanding the above, the Member or the Member's estate may cancel this Agreement under the following circumstances: (1) the Member passes away; (2) the Member becomes totally and permanently physically disabled for the duration of the contract; (3) I Grind 365's facility relocates more than five (5) miles from the original location; or (4) I Grind 365 permanently discontinues operations such that the contracted services are no longer available.

RIGHT OF CANCELLATION — 10-DAY COOLING-OFF PERIOD

You may cancel this Agreement from the date you enter it up to 10 days after you receive a copy, without providing any reason. If you cancel within this period, I Grind 365 will refund any payments made within 30 days of receiving your notice. To exercise this right, you must deliver written notice of cancellation in person to I Grind 365.

FEES & CHARGES SUMMARY

·      Security Activation Fee: $50.00 per member (one-time). Covers enrollment in the facility's electronic key-fob access system.

·      Late Payment Fee: $20.00 per payment that is 10 or more days past due.

·      Equipment Re-Rack Fee: $25.99. Members who fail to clean and return equipment to its proper place after use will be subject to this fee.

·      KISI Access Control Non-Compliance Fee: $285.00. Each member must use their individual digital key to access the facility at all times. Allowing any other person to enter using your digital key is strictly prohibited.

·      Service & Maintenance Fee: Included in the membership fee. Covers routine equipment cleaning and general fitness center maintenance.

FACILITY RULES & CONDUCT

1.    Equipment Care: Members are required to clean and re-rack all equipment after each use. I Grind 365 maintains cleanliness and sanitation standards consistent with public health guidelines, and members are expected to uphold these standards during their use of the facility.

2.    Access Control (KISI System): Each member is required to use their individual digital key to enter the facility at all times. Members may not allow any other person — member or non-member — to enter using their digital key. Violation of this policy may result in membership termination and the Non-Compliance Fee outlined above.

3.    Security & Surveillance: I Grind 365 maintains closed-circuit television (CCTV) surveillance cameras on the premises for the safety and security of our community. Security systems, which may include security personnel, remain active during both staffed and unstaffed hours. Members consent to the presence of surveillance systems upon entering the facility.

GENERAL PROVISIONS

Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior communications, proposals, representations, and agreements — whether oral or written — with respect to its subject matter.

Privacy: I Grind 365 is committed to protecting the privacy of member information. We collect personal details solely as necessary to communicate with you and manage our ongoing business relationship. If you have questions regarding your personal information or wish to receive a full copy of our privacy policy, please contact our Privacy Officer.

Termination for Non-Compliance: I Grind 365 reserves the right to terminate this Agreement upon ten (10) days' written notice in the event of a material breach. If the breach is not cured within the notice period, I Grind 365 may enforce all available remedies, including collection of the outstanding balance.

MEMBER ACKNOWLEDGMENT & SIGNATURE

I confirm that the provisions of this Agreement represent the full and complete understanding between the parties. I acknowledge receiving a copy of this Agreement and confirm that I am at least 18 years of age (unless a co-signer is indicated below). I have read and fully understand this Agreement, including the Release and Waiver of Liability, and am aware that by signing I am waiving certain legal rights, including the right to claim damages against I Grind 365.