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WAIVER AND RELEASE OF LIABILITY

PLEASE READ CAREFULLY AND AGREE TO THE FOLLOWING TERMS IN ORDER TO PROCEED.

This release is entered into between the undersigned and W23 S12 Holdings, LLC dba HiLo House. The purpose of the program offered by W23 S12 Holdings, LLC dba HiLo House is to provide fitness instruction for various levels of individuals. The undersigned hereby acknowledges that the following was explained to me and agrees to the following:

1) Acknowledges that W23 S12 Holdings LLC and its instructors/subcontractors/employees, is not a physician and is not trained in any way to provide medical diagnosis, medical treatment, or any other type of medical advice.

2) Acknowledges that physical exercise, including but not limited to exercise on the Versaclimber and on the Lagree Megaformer, is an extreme test of one’s mental and physical limits and carries with it inherent potential for damage or loss of property, serious injury and death. That the undersigned assumes all risks of participating in these types of events and activities including the inherent dangers of a natural environment, that they are fit and they have a regular medical physician they can contact regarding any medical problems that they might develop.

3) The undersigned expressly waives, releases, discharges and agrees not to sue for any liability of death, disability, personal injury or action of any kind W23 S12 Holdings, LLC dba HiLo House and its subcontractors/employees, affiliates, and executors for the undersigned participating in said training and/or training for said sporting events.

4) The undersigned acknowledges that she/he has carefully read this “waiver and release” and fully understands that it is a release of liability. The undersigned expressly agrees to release and discharge, W23 S12 Holdings, LLC dba HiLo House and its subcontractors/employees from any and all claims or causes of action and agrees to voluntarily give up or waive any right that she/he may otherwise have to bring a legal action against the providers of, W23 S12 Holdings, LLC dba HiLo House and its subcontractors/employees for personal injury or property damage.

5) To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence. If any portion of this agreement and release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from.

6) All class sales are final. Classes are not eligible for transfer, refund or exchange. Please review class package expiration dates before you make your purchase. We do not offer extensions on class packages. Instructors and classes are subject to change without notice. All classes must be pre-paid through our website, app or purchased at the front desk prior to class. A valid credit card is required for all accounts. Please note that when you are purchasing classes you are paying for a class and not an instructor. Instructors are subject to change without notice, and class schedules may be subject to change without notice. Fees cannot be used towards any other product or service provided by W23 S12 Holdings, LLC dba HiLo House. If you fail to pay any charges when due, or if your credit/debit card declines, W23 S12 Holdings, LLC dba HiLo House reserves the right to suspend or terminate your privileges. You shall be responsible and liable for any fees including attorney fees and collections costs, that W23 S12 Holdings, LLC dba HiLo House may incur in its efforts to collect any past due or unpaid balances from you.

7) Clients must be at least 13 years old to attend classes. Any client under the age of 18 must be accompanied by a parent or guardian.

8) Photos or video may be taken during and used for promotional purposes by W23 S12 Holdings, LLC dba HiLo House. By participating in W23 S12 Holdings, LLC dba HiLo House work outs participant’s give their consent and permission for such use of their image and likeness and release all rights of these images.

9) The undersigned agrees that this is the full agreement between the parties, that the agreement cannot be modified orally, that no representative of W23 S12 Holdings, LLC dba HiLo House, its subcontractors, instructors and/or employees, nor anyone else has verbally contradicted any of the terms of this release, and that the undersigned had entered into this agreement free and voluntarily without force or coercion.

10) The information provided is not intended to be a substitute for professional medical advice, diagnosis or treatment. Never disregard professional medical advice, or delay in seeking it, because of something you have read on this website. Never rely on information on this website in place of seeking professional medical advice.

W23 S12 Holdings, LLC dba HiLo House is not responsible or liable for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through this site. You are encouraged to consult with your doctor with regard to this information contained on or through this website. After reading articles, watching videos or reading other content from this website, you are encouraged to review the information carefully with your professional healthcare provider.

This document was last updated on August 8, 2023.

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2000 Pennsylvania Avenue | Suite 106
Wilmington, Delaware 19806


302-482-2804

hilohouse@hilohousefitness.com