You (Buyer, each member and all guests) agree that if you engage in any physical exercise or activity or use any studio facility on the premises, you do so at your own risk and assume the risk of any and all injury and/or damage while engaging in any physical exercise or activity or use of any studio facility on the premises.

Your assumption of risk includes your use of any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, stairs, wash room, lobby area, or any equipment in the studio facility.

Each member agrees to assume the risk in his or her participation in any activity, class, program, instruction, or studio-sponsored event, or any unforeseen incident. You agree that you are voluntarily participating in the aforementioned activities and using the studio facilities and premises and assume all risk of injury, illness, damage, or loss to you or your property that might result, including any loss or theft of any personal property or even casualty, hurt resulting in permanent illness or death. You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to release and discharge the studio (and our affiliates, employees, agents, representatives, successors, and assigns) from any and all claims or causes of action (known or unknown) arising out of the leniency of Studio, whether active or passive, or any of its affiliates, employees, agents, representatives, successors and assigns.

This waiver and release of liability includes, injuries which may also occur as a result of

(a) not revealing pre-existing health conditions while working out at the Zwagg facilities

(b) your use of any exercise equipment or facilities which may malfunction or break in course of the activity

(c) in spite of Studio’s maintenance of any and every exercise equipment or facilities,

(d) Studio’s instruction or supervision, including personal training,

(e) You slipping and falling while on the facility or any portion of the premises for any reason in spite of studio’s inspection or maintenance of any and every facility.

By execution of this agreement, you hereby agree to indemnity and hold the studio harmless from any loss, liability, damage, or cost studio may incur due to your presence at the studio facility. You further expressly agree that the foregoing release, waiver, and indemnity agreement is intended to be broad and inclusive as permitted by the law in the Courts of India and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. YOU ARE AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST STUDIO FOR IT’S ANY UNFORSEEN OR UNPREDICTABLE INCIDENTS. YOU HAVE READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE.