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FIT CITY - AGREEMENT AND WAIVER  

I understand that E&J Irving Park LLC (the "Landlord") is the owner of the building and Slim It LLC d/b/a Fit City (the “Company”) owns all exercise equipment located at 4504 W. Irving Park Rd., Chicago IL, 60641 (“Fit City"). The Company agrees to allow me access to Fit City, and the equipment located therein, in exchange for my agreement to the following terms and conditions: 

1. I represent and warrant that my use of Fit City is for my personal use and enjoyment. I will not allow any other person access to Fit City without the express written consent of the Company. I UNDERSTAND THAT MY MEMBERSHIP WILL BE TERMINATED IMMEDIATELY AND A REFUND WILL NOT BE ISSUED IF I DO NOT FOLLOW THIS RULE.

2. I shall use Fit City and the equipment therein in a reasonable and safe manner.

3. I agree to be bound by the policies and procedures of the Landlord and the Company, as they now exist and as they may, from time to time, be amended. The Company may, in its sole discretion, deny me access to and use of Fit City at any time and for any reason. 

4. I understand that my use of Fit City is at my own risk. I shall be solely liable for any property damage or personal injury, or both, which I sustain or cause to be sustained by another. I agree to indemnify and hold the Company and the Landlord harmless from any claims for damages which arise in connection with any such occurrence. Said indemnification shall include indemnity from any costs or fees which may be incurred in defending said claim. 

5. I expressly agree to waive, release, and forever discharge the Landlord and the Company, as well as each of their  directors, officers, employees, representatives, and agents, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from Fit City. This waiver shall also apply to my heirs, executors, administrators, successors and assigns.

6. I represent and warrant that I do not have any disability, impairment, or ailment that would be detrimental to my health or physical condition, or that would prevent me from engaging in active or passive exercise. I acknowledge and agree that the Company will rely on the foregoing warranty in allowing me to use Fit City, and that neither the Company nor the Landlord shall have any obligation to perform any fitness assessment or similar testing to determine my physical condition. I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, or illness at Fit City.

7. I have received - or have voluntarily and knowingly elected not to receive - independent legal advice with respect to the advisability of entering into this agreement and waiver of liability. I acknowledge that I am not entitled to rely upon, nor have I in fact relied upon, the legal or other advice of the Company or its agents in entering into this Agreement. 

8. I understand and acknowledge that the Company reserves the exclusive right to offer personal training services at Fit City to Fit City members. If the Company believes I am promoting or offering personal training services, I UNDERSTAND THAT MY MEMBERSHIP WILL BE TERMINATED IMMEDIATELY AND A REFUND WILL NOT BE ISSUED. The Company may elect to provide a warning prior to terminating membership and the decision to do so falls solely within the Company’s discretion.

9. I understand that Fit City is a photo/video friendly environment. Members are freely permitted to take photos, and to record their workouts in audio and/or visual format. By entering into this agreement, and by using the Fit City facility, I acknowledge and consent to being photographed or otherwise recorded while in and around Fit City. However, Fit City members may politely ask to be kept out of such recordings and, as a Fit City member, I will be respectful and cooperative if this request is made of me by the Company or by another Fit City member. The Company RESERVES THE RIGHT TO TERMINATE MY MEMBERSHIP WITHOUT REFUND if I am deemed, in the sole discretion of the Company, to be in violation of this rule.

I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.

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Participant's Signature

Participant's Name

Date:______________