Liability Waiver, Release of Liability, and Assumption of Risk

This is an agreement (the “Agreement”) related to the waiver and release of liability entered into between you (referred to as “you” or “I” herein) and ProTip Fitness and Active Lifestyle Brands, LLC. (collectively referred to herein as “ProTip Fitness”).

I understand that while ProTip Fitness has used its best efforts and knowledge in researching and preparing these fitness training materials (the “Materials”), ProTip Fitness does not make any representations or warranties with respect to the accuracy or completeness of the contents of the Materials and specifically disclaims any implied warranties of merchantability or fitness for a particular purpose. No warranty may be created or extended by sales representatives or written sales materials.

I understand and am aware that any exercise program, whether or not requiring the use of exercise equipment, is a potentially hazardous activity. I also understand and am aware that any exercise and/or fitness activities involve a risk of injury, which may include, but are not limited to, abnormal changes in blood pressure, fainting, risk of heart attack or stroke, respiratory distress, joint pain, bone injury, and other serious disability or possible death (collectively, the “Potential Risks and Dangers”), and that the advice and strategies contained in the Materials may not be suitable for my particular situation. I agree to assume and accept the Potential Risks and Dangers associated with any and all use of the Materials.

I understand that ProTip Fitness does not dispense medical advice nor prescribe medical treatment. I also understand that any content contained in the Materials does not replace the necessary services of a licensed physician and does not constitute a medical service, medical advice, or healthcare treatments and that I should consult with a medical professional where appropriate.

I have read the above information and understand the Potential Risks and Dangers, and acknowledge that as a condition to purchasing the Materials, I agree (i) to ASSUME ANY AND ALL POTENTIAL RISKS AND DANGERS REGARDLESS OF SEVERITY OR DEATH, (ii) to WAIVE, RELEASE, AND NOT SUE, MAKE ANY CLAIMS OR FILE ANY ACTIONS against ProTip Fitness, its owners, affiliates, officers, agents, employees, volunteers, contractors, successors and assigns (collectively, the “Indemnified Parties”, and individually, the “Indemnified Party”), that are based on, arise or result from, in whole or part, any usage of the Materials; and (iii) to INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS from any and all claims, demands, actions, causes of action, losses or liabilities whatsoever arising from or related to the usage of the Materials, and any loss, damage, or injury or death, that I may sustain or cause to be sustained to others or their property. I agree to pay all costs, including reasonable attorney’s fees and disbursements, incurred by any Indemnified Party in defending an investigation, claim or suit brought by or on my behalf.

I agree that ALL claims arising from or related to the Materials, including for injury to person or property and/or death shall be GOVERNED BY UNITED STATES LAW, without regard to choice of law or conflict of law principles, and that EXCLUSIVE JURISDICTION shall be in the appropriate court residing in the state of Texas. I VOLUNTARILY AND IRREVOCABLY WAIVE ANY OBJECTION TO SUCH LAW AND JURISDICTION.

I acknowledge that this Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the unaffected terms shall be enforceable and remain in full force and effect. This Agreement shall be binding upon my assignees, distributors, heirs, next of kin, executors, and personal representatives.