Liability Waiver and Release

1. GENERAL ASSUMPTION OF RISK & LIMITATION OF LIABILITY

By signing this Waiver (electronically or otherwise proceeding with this enrollment process), enrolling online, attending classes, events, activities, and/or other programs of Largee Fitness Studio whether online, in the Lagree Fitness studio, or using Lagree Fitness Studio’s equipment (the “Equipment”), which has been manufactured, sold, purchased, leased, and/or operated by Lagree Fitness Studio or its shareholders, subsidiaries, successors, agents, affiliates, and any representatives (collectively, Lagree Fitness Studio “Services”), you hereby acknowledge and agree, on behalf of yourself, your heirs, personal representatives, and/or assigns (collectively “you” and/or “yourself”) that:

a) There are certain inherent risks and dangers in the strenuous nature of the Lagree Fitness Studio workout program created and/or instructed by certified Lagree Fitness Studio trainers, employees, shareholders, subsidiaries, successors, agents, affiliates or independent contractors.

b) You have voluntarily chosen to enroll and participate in an intense physical exercise program.

c) You understand that Lagree Fitness Studio strongly recommends that you consult with your physician prior to commencing any workout regimen and agree that you are in good physical condition and do not suffer from any known condition which would prevent your participation.

d) You have been fully informed of the strenuous nature of this exercise program and the possibility of adverse physiological occurrences including, but not limited to, abnormal blood pressure, fainting, heart attack, and/or death, and

e) You acknowledge and voluntarily assume all risks and danger of injury or death inherent in physical exercises, fitness training and/or use of the Equipment.

You further release and discharge Lagree Fitness Studio, its owners, trainers, employees, shareholders, subsidiaries, successors, agents, affiliates, insurers, officers, directors, independent contractors, attorneys, and any representatives (“Releasees”) for any loss, damage, injury (including death or disability) or cost to you arising out of the physical exercises, fitness training, and/or use or other operation of any fitness Equipment. You, on behalf of yourself, your heirs, your executors, trustees, administrators and/or agents promise not to sue or make any claim against the Releasees for loss, damage, or injury, for any claim including those claims based on negligence and gross negligence, in connection with (i) the use of all amenities, instruction, training, your participation in any activity, class program, personal training, instruction, or creation of any exercise, (ii) the sudden and unforeseen malfunctioning of any Equipment, and (iii) your slipping and/or falling while in the studio, or in the studio premises, including adjacent parking areas and sidewalks, as well as any claim of negligence relating to the manufacture, purchase, lease, equipment in the facility, maintenance or operation of fitness Equipment, which resulted in loss, damage, injury or death.

You agree to abide by and follow any instructions given or rules established by Lagree Fitness Studio, its owners, trainers, employees, and agents, with regard to your engaging in any physical exercise or other fitness training, the Equipment and that my failure to do so, may result in your expulsion from the premises.

You agree that this Waiver is governed by laws of the Province of Ontario and is intended to be as broad and inclusive as is permitted by Ontario law, and that in the event any portion of this Waiver is determined to be invalid, illegal, or unenforceable for any reason, the balance of the Waiver shall not be affected or impaired in any way and shall continue in full legal force and effect.

If you are enrolling a minor (under the age of 18), the above release applies equally to said minor. A minor may only participate with a parent or legal guardian present.

3. NON-RECORDING OF LIVE STUDIO CLASSES AGREEMENT

By signing this Waiver (electronically or otherwise proceeding with this enrollment process), or using Lagree Fitness Studio’s services or equipment, you acknowledge and agree that any type of recording or transmission (video, audio, still photography, streaming, social media posting, etc.) of any live Lagree Fitness Studio classes is strictly prohibited without the prior written consent of an authorized corporate officer of Lagree Fitness Studio. Lagree Fitness Studio’s team and instructors are not authorized to provide consent. This includes even a temporary recording/transmission via online platforms including but not limited to SnapChat, Facebook, or Instagram. You are, however, permitted to record and post lawful, non-offensive content related to your participation in a Lagree Fitness Studio class before and/or after a class with the consent of each participant who is identified in your content.

Any violation of this policy is grounds for exclusion from future participation in any of Lagree Fitness Studio classes. You further agree to indemnify, defend, and hold harmless Lagree Fitness Studio, its officers, directors, employees, agents, and instructors, from and against any claims, lawsuits or other actions, and all resulting loss, damage, or cost of any kind (including reasonable attorneys’ fees) resulting from your violation of this Waiver.

4. INTELLECTUAL PROPERTY

You acknowledge that all content and materials available on or through Lagree Fitness Studio are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by Lagree Fitness Studio. You may only use Lagree Fitness Studio, their online website, classes, exercises, and Equipment for personal use and for no other purpose. Lagree Fitness Studio retains exclusive ownership of all material and other related information. You shall have no right to, and you agree not to (directly or indirectly), own, use, sell, license, sublicense, assign, rent, lease, loan, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, translate, improve, edit or create any new or derivative works from Lagree Fitness Studio or materials available through the website or Studio (including Equipment or machines), in whole or in part. You shall have no rights to the proprietary exercises, equipment, machines, and related documentation, if any, provided to you by or on behalf of Lagree Fitness Studio.

The trade names, trademarks, service marks and logos displayed are the property of Lagree Fitness Studio. Except when referring to Lagree Fitness Studio and/or its products and services, you may not use our trade names, trademarks, service marks or logos, or any trade name, trademark, service mark or logo confusingly similar thereto.

5. ANTI-DISCRIMINATION AND ANTI-HARASSMENT POLICY

Lagree Fitness Studio has zero tolerance and disapproves of any unwelcomed, inappropriate, discriminatory, harassing, and/or offensive conduct by its personnel or its members. If you believe you have been subject to unwelcomed, inappropriate, and/or offensive conduct by any of Lagree Fitness Studio personnel or any of Lagree Fitness Studio member(s), including while participating in a Lagree Fitness Studio class, we encourage you to tell the person engaging clearly and promptly, in the conduct, that the conduct is unwelcomed and offensive (if you are comfortable doing so). We also ask that you promptly notify a member of the studio team if the discrimination, harassment or other unwanted conduct takes place in a studio, or email Lagree Fitness Studio team at lagreelondon@gmail.com if you feel more comfortable reporting the discrimination, harassment, or other unwanted conduct by email correspondence.

When making a report or complaint, we strongly recommend that you provide as much information as possible and in writing, including but not limited to, each alleged incident: date, time, place (specify class time/type), names of any witnesses, what was said or done, and any other relevant surrounding facts/circumstances.

Lagree Fitness Studio will strive to appropriately investigate any reported incidents and seek to provide due process for all parties. Lagree Fitness Studio responsive actions, however, cannot be known in advance since they will vary depending upon the nature of the allegations and the outcome of the investigation. Lagree Fitness Studio strives to maintain confidentiality throughout the investigative process to the extent practicable. However, our duty to investigate and take corrective action as appropriate may require the disclosure of certain information, and therefore, confidentiality cannot be guaranteed.

6. GOVERNING LAW AND JURISDICTION

This Waiver shall be governed by and construed in accordance with the laws of the province of Ontario. Any dispute arising from or relating to the subject matter of this Waiver shall be finally settled by Ontario Courts.

7. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Releasees for all damages, liabilities, losses, and/or expenses, (including reasonable attorney fees, costs, claims, damages, judgments, awards, settlements, investigations, fees, and disbursements) incurred through third party claims, lawsuits, demands, and/or actions, or threats of claims against Releasees from any breach by you under this Waiver and/or arising out of or concerning this Waiver.

8. NOTICES

Any notices in connection with this Waiver shall be given, in the case of notices to the Lagree Fitness Studio by postal mail to 3972 Malpass Road, London, ON, N6P 1E7 or, in the case of notices to you, by email or by postal mail to the email or postal mail address, respectively, you provide to Lagree Fitness Studio during the registration process.

9. MISCELLANEOUS

This Waiver constitutes the entire agreement between Lagree Fitness Studio and you with respect to your Liability Waiver and supersedes all prior or contemporaneous communications and proposals between us. For clarity, nothing in this Waiver amends or modifies, or has any effect upon, the terms and conditions of any separate agreement that you may have entered into with Lagree Fitness Studio. If any provision of this Waiver is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. Paragraph titles in this Waiver are for convenience and do not define, limit, or extend any provision of this Waiver.

You may not assign, transfer or sublicense any or all of your rights or obligations under this Waiver without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Waiver without restriction. No waiver by either party of any breach or default under this Waiver will be deemed to be a waiver of any preceding or subsequent breach or default.

All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Waiver shall be construed as if followed by the phrase “without limitation.” Without limitation, a printed version of this Waiver and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Waiver to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Lagree Fitness Studio will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

By signing below, and initialing each page, you acknowledge that you have read carefully this “Waiver and Release” and fully understand that it is a release of liability. You expressly agree to release and discharge Lagree Fitness Studio and all Releasees, affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring legal action against Lagree Fitness Studio for negligence, personal injury, or property damage. You acknowledge and agree that you have made a free and deliberate choice to sign the Release and Waiver as a condition to engaging in exercise and training at Lagree Fitness Studio. You have freely concluded that the risks involved, and the Release and Waiver of Liability is worth the experience and acknowledge that the same is valuable consideration for this Waiver.

11. MISCELLANEOUS

This Agreement constitutes the entire agreement between The Company and you with respect to your Liability Waiver, Arbitration Agreement, and Indemnification Agreement, and supersedes all prior or contemporaneous communications and proposals between us. For clarity, nothing in this agreement amends or modifies, or has any effect upon, the terms and conditions of any separate agreement that you may have entered into with the Company or Lagree Fitness. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect. Paragraph titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.

You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default.

All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

You acknowledge that this document is a contract and agree that if an arbitration. action is filed against the Releasees for any injury or damage is a breach of this contract, and you will pay all attorney’s fees and costs incurred by in defending such an action. And the prevailing party will pay all attorney’s fees and costs associated such action

By signing below, and initialing each page, you acknowledge that you have read carefully this “waiver and release” and fully understand that it is a RELEASE OF LIABILITY. You expressly agree to release and discharge the Company, Lagree Fitness, the Studio, and all Releasees, affiliates, employees, agents, representatives, successors, or assigns, from any and all claims or causes of action and YOU AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING LEGAL ACTION AGAINST THE COMPANY FOR NEGLIGENCE, PERSONAL INJURY, OR PROPERTY DAMAGE. You acknowledge and agree that you have made a free and deliberate choice to sign the Release and Waiver as a condition to engaging in exercise and training at the Company. You have freely concluded that the risks involved, and the Release and Waiver of Liability is worth the experience and acknowledge that the same is valuable consideration for this Release and Waiver of Liability.