Release of Liability, waiver of Claims, Assumption of risk, Indemnity of Agreement, and jurisdiction Agreement

BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE

TO: Fitness Yard Edinburgh LTD owners, volunteers, officers, employees, trainers, instructors, agents, officials, independent contractor, servants, representatives,
successors and assigns (hereinafter referred to as the Company)

DEFINITIONS: In this agreement:
a) The term "ATHLETIC ACTIVITY OR "ATHLETIC ACTIVITIES" includes but is not limited to personal training, fitness classes, team or individual competitions, fitness assessments, use of facilities, observation of athletic activities, Olympic Lifting, Power Lifting,, strongman training or competitions, gymnastics, strength conditioning, metabolic conditioning, Plyometrics, interval training, bodyweight conditioning, rope climbing, stretching, outdoor running on trails or sidewalks or running tracks, sports, and programs, clinics, seminars and services provided by the Company.

b) The term "INJURY" shall refer to all forms of physical, mental and emotional injury in anyway related to athletic activity and transportation activities, including but not limited to: death, breaks, sprains, strains, lacerations, dislocations, exercise included rhabdomyolysis, heart failure, concussion, frostbite, hypothermia, heat illness, dehydration, trauma, anxiety, and fears.

c) The term “TREATMENT” shall refer to all forms of sports therapy, physiotherapy, recovery treatments, including manual therapy, acupuncture, cupping, spinal manipulation, and use of recovery equipment at the facility.

Disclaimer: The Fitness Yard Edinburgh LTD and their owners, volunteers, officers, employees, trainers, instructors, agents, officials, independent contractor, servants, representatives, successors and assigns (hereinafter referred to as the Company) are not responsible for any death, injury, loss, or damage of any kind suffered by any person while using the Company facilities, participating or watching the Company activities, caused in any manner whatsoever including but not limited to, the negligence of the Company. I am aware that athletic activities have inherent dangers and risks including but not limited to the potential for serious personal injury or death caused by any the Company activities or any condition of the facilities or equipment of the Company, some of which may include:

a) Transient light-headedness, fainting, abnormal blood pressure, chest discomfort, muscle cramps, muscle soreness, pain, discomfort, fatigue, nausea, heart failure, exercise-induced rhabdomyolysis, and so forth:b) All manner of injury resulting from slipping or falling, either roped or unroped,, while skipping, running, walking, lifting, climbing, and impacting against the floor, walls, equipment, other athletes, or any permanent or temporary fixtures or equipment

c) Abrasion, entanglement, lacerations, bruising, dislocations, and any other injuries resulting from activities near stands, racks, weight bars, pull up bars, walls, ropes, cargo nets, medicine balls and plyo boxes;

d) Injuries resulting from falling athletes or objects such as weights dumbbells, bars, medicine balls, ropes, kettlebells, and so forth or by any objects dropped by other persons conducting athletic activities or assisting others;e) Failure of equipment, racks, stands, bars, attachments, anchors, ropes, harnesses, And, I do hereby further acknowledge and agree:a) That the athletic activities I am participating in require a high degree of effort, are designed to be high intensity, and are intended to challenge my cardiovascular endurance, stamina, strength, flexibility, power, speed, agility, accuracy, balance and coordination;

b) That I will honestly represent my level of fitness, health, nutrition, use of medication, medical history, and current physical, mental, and medical condition to the Company.
c) That although the Company will take steps to reduce the risks and increase the safety of all athletic activities, it is not possible for the Company to make these athletic activities completely safe.

d) That I am personally responsible for my preparation prior to athletic activities, my concentration and attention during these athletic activities, and for my post activity rest and recovery;

e) That I will learn and obey the rules and regulations of the Company, and that I will follow the instructions and directions of the Company during athletic activities;
f) That I will inform the Company immediately should I feel pain, discomfort, fatigue, nausea or other symptoms that I may suffer during and immediately after athletic activities;

g) That I may stop participating at any time and I may be directed to stop by the Company should I display any noticeable signs of distress;

h) That I consent to receive first aid and medical treatment by the Company in the event of an accident, injury or illness during athletic activity;

i) That I consent to abide by the the Company Member Policy document and understand that this policy and agreement can be updated and amended.

j) That the Company may videotape, audiotape, or photograph you for instructional and promotional purposes without payment of any kind to you and without further notice to you or permission from you.

Release of Liability, Waiver of Claims, Assumption of Risk, Indemnity of Agreement, and jurisdiction Agreement RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of the Company, allowing me to participate in the Company activities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I or may have in the future against the Company and their owners, volunteers, directors, officers, employees, trainers, instructors, agents, officials, independent contractors, servants, representatives, successors and assigns (all of whom are hereinafter referred to as the "RELEASEES") and RELEASE
THE RELEASEES from any and all liability for any loss, damage, expense, or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in climbing and transportation activity, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM RISKS, DANGERS AND HAZARDS OF ATHLETIC ACTIVITIES;

2.2. TO HOLD HARMLESS AND INDEMNIFY RELEASEES from any and all liability for any property damage or personal injury to any third party resulting in my participation in athletic activities;

3. 3. TO HOLD HARMLESS AND INDEMNIFY RELEASEES from any and all liability for any costs they may occur for medical costs, emergency transportation, and litigation resulting in my participation in athletic activities;

4. That this agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns andrepresentatives, in the event of my death or incapacity;

5. This agreement and any rights, duties and obligation as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of Scotland and no other jurisdiction; and

6. Any litigation involving the parties to this agreement shall be brought solely within Scotland and shall be within the exclusive jurisdiction of the courts of Scotland. On entering into this agreement I am not relying on any oral or written representations or statements made by the Company with respect to the safety of athletic activities other than what's set out in this agreement.

TERMS AND CONDITIONS UPON ENTERING INTO A 4 week AGREEMENT BETWEEN MYSELF & the Company.

- I agree that my membership at the Company is a rolling 4 week agreement that will be debited every 4 weeks from my nominated bank account.
- I agree to pay a 4 week period upfront which will be 1 payment (on your selected billing date) and only after that if I wish to cancel that I have to give 28 days' notice from my next billing date.
- I agree if I do not fill in and sign a cancellation/suspension form at the Company, that I am giving the Company consent to continue my membership on a 4 week basis debited every 4 weeks.
- I agree that if I have decided to pay upfront that it is not refundable.
- I agree that at any stage during the agreement that I must pay 100% of the remaining balance upfront, in order to have my direct debit payments ceased.
- I agree that my current health situation is not the responsibility of the Company and I will not hold them accountable if I fall ill, injured or my health suffers at any stage during my membership. I accept all the terms, based on my own health, past, present and future health status.
- Prices are subject to change, given 28 days' written notice to my nominated emailing address.
- I agree that the 4 weekly rate I am charged will increase at any time each year based on current business variables and in line with the "Member Policy Document"
- I also understand that my account will be handed over to a nominated debt collector if I fail to fulfil any of the above payment obligations which I have agreed too.
- I am agreeing to these payments options and agree that the payments are entirely my own responsibility and do not hold the Company responsible for any failure to make a payment on my behalf.

I CONFIRM THAT I AM OVER THE FULL AGE OF EIGHTEEN (18) YEARS AND I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST the Company.

In the event that this waiver is being signed by a legal guardian, on behalf of a dependent or minor, I am fully aware of my responsibility in signing this waiver and waive all legal rights on behalf of who I am signing for. I agree that any information emailed, handed, delivered or sent to me in any form will not be given to anyone other than me. This is information which includes nutritional guidelines, membership terms, information packs and any information handouts I receive from the Company. I agree that I will be held solely responsible if the material is passed onto anyone or any other organization which is the Company. This includes content as well as display. Your information is also privacy protected; we will not sell your information.

I understand that it is my duty to inform the Company of any Medical Conditions I have and that by not doing so I acknowledge they will not be able to assist with any needs associated with my conditions nor can they advise me in any way in relation to competing with these Conditions.

I understand that there are inherent risks in all aspects of physical training, and I acknowledge that I have been informed of the possible strenuous nature of the training and the potential for undesirable physiological results, including, but not limited to; abnormal blood pressure, muscles soreness, fainting, heart attack and/or death.

I also acknowledge that I have been specifically warned about the medical condition "Rhabdomyolysis" and accordingly I have been advised to limit my effort in order to minimise the risks associated with this condition.
I understand that training may involve weightlifting, gymnastic movements, strenuous bodyweight exercises, obstacle course, and other high-exertion activities and that I am not obligated to perform nor participate in any activity that I do not wish to do, and that it is my right to refuse such participation at any time during training.

I understand that should I feel lightheaded, faint, dizzy or nauseated, or experience pain or discomfort, I am to stop the activity and inform my Judge. I give the Company and the staff of the facilities permission to seek emergency medical services for me should I become injured or ill with the understanding that I am responsible for any expenses incurred.

I am aware there are significant risks involved in all aspects of physical training. These risks include but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains or sprains. I am aware that any of these above-mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while at, or under the direction of the Company.

I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others.

Release: In consideration of the above-mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities offered by the Company, I, the undersigned hereby release the Company, their principals, agents, employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above-mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect.

Consent for Treatment: I hereby give my consent to have the above applicant treated by emergency medical personnel, a physician, or surgeon, in case of sudden illness or injury while participating in the above activity.

Indemnification: The participant recognises that there is risk involved in the types of activities offered by the Company. Therefore, the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above-mentioned parties, or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless the Company, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by the Company, at the main building or abroad. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to the main building, and/or any area selected for training by the Company. I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing, it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights."