PLEASE READ CAREFULLY, UNDERSTAND FULLY, AND ASK QUESTIONS IF ANYTHING IS UNCLEAR. WE ARE HERE TO SUPPORT YOU. MAKE SURE YOU UNDERSTAND THIS WAIVER. BY SIGNING, YOU UNDERSTAND YOU ARE SIGNING AWAY YOUR LEGAL RIGHTS AND YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WAIVER.

1. Parties. We will refer to McAlister Training as “MT”, “us”, or “we” and we’ll refer to you as “you” or “your.”

2. The Activities. You will be participating in fitness classes, recovery/stretching classes, a movement/nutrition workshop, or nutrition consulting at MT, all of which may involve but are not limited to the following activities (the “Activities”):

• 2.1 The fitness classes will either be 1-1 personal training sessions, small group personal training or high-intensity circuit training classes. During these classes, we will be doing weight resistance exercises, body resistance exercises, strength exercises, mobility, and range of motion exercises. We will use equipment like TRX, kettlebells, battle ropes, step decks, skipping rope, free weights, rowers, pull up bars, boxing bags, and any other equipment which would reasonably be incorporated into a high-intensity circuit training class.
• 2.2 The recovery/stretching classes will involve stretching, either just with our bodies or with props like a foam roller or a massage roller stick.
• 2.3 The nutrition workshops and nutrition consulting sessions will involve you learning about proper nutrition and lifestyle habits, and may involve personal nutrition and lifestyle recommendations.
• 2.4 You also understand that you may be participating in Activities with us outside of our studio and in locations like your home, parks, hotels, or other places outside the studio. Our Activities will always remain the same.

Inherent Risks. You understand that participating in the Activities has inherent risks, some of which are more obvious than others. Injuries include but are not limited to things like: muscle tears, muscle strains, and other musculoskeletal injuries, sprains, broken bones, concussion, cardiovascular complications, dizziness, exhaustion, dehydration, and fainting.

• 3.1 In addition to this, there are specific risks which may arise from prenatal exercises which include but are not limited to varying degrees of complications related to your pregnancy. We specifically ask you to ensure your doctor has approved for you to participate in the Activities before you join us.
• 3.2 You also understand there may be increased risks from participating in the Activities outside of the studio which we may or may not be able to control.
• 3.3 Exposure to and contraction of COVID-19 or other communicable diseases passed on via other participants and use of shared space, surfaces, or Equipment.
• 3.4 The risks listed above in this entire Section 3 can result in serious harm and injuries that could change your quality of life and, in rare and extreme circumstances, may even result in permanent disability or death. You will progress at your own pace and will listen to your body. If at any point you feel overexertion, pain, or fatigue, you must assume the responsibility of respecting your body and taking a rest. Always communicate any discomfort with one of our instructors immediately.

4. Affirmation of Health. Before participating in any Activities at MT, you agree that you have sought medical advice regarding your ability to safely practice high-intensity circuit training and fitness. If you have not sought such advice, you must be certain that your medical and fitness levels are sufficient to participate safely in the Activities.

• 4.1 COVID-19 / Infectious Disease. Amidst the current developments surrounding communicable diseases, you acknowledge that every time you participate in the Activities you are affirming that you are healthy and that you do not present an increased risk due to COVID-19 or other infectious diseases. If you are suffering from symptoms of a communicable disease or are unsure of your health and ability to practice the Activities, please consult with your doctor and we urge you not to visit our studio or participate in our Activities. We are all in this together and it is important that we follow guidelines on social distancing, hygiene practices, and act with kindness and responsibility towards each other in order to ensure everyone’s safety.

5. Voluntary Assumption of Risk. You have read this Waiver and understand the risks of participating in the Activities with MT. Your signature below and your participation in the classes at MT illustrate your voluntary participation and assumption of the risks of doing so.

6. Minors and Guardians. In California you are considered a minor if you are under 18 years old. You are still welcome to participate in our classes if you are younger than 18, however you must have a parent or guardian sign this waiver and release form on your behalf. We insist you do not participate in class until this has been organized properly.

7. Release, Waiver, and Indemnity. YOU HEREBY RELEASE MT, AND ITS CONTRACTORS, PARTNERS, EMPLOYEES, VOLUNTEERS, AGENTS, EXECUTORS, ADMINISTRATORS, SUCCESSORS, FAMILY MEMBERS, AND ASSIGNS (THE “RELEASED PARTIES”), TO THE FULLEST EXTENT PERMITTED BY LAW, FROM ANY LIABILITY AND DAMAGES ARISING FROM DEATH OR PERSONAL INJURIES, INCLUDING THE CONTRACTION OF COVID-19 OR OTHER COMMUNICABLE DISEASES, HOWEVER CAUSED, INCLUDING AS A RESULT OF MT’S NEGLIGENCE, DURING YOUR PARTICIPATION IN THE ACTIVITIES AT MT. YOU ARE RELEASING THE RELEASED PARTIES AT YOUR OWN RISK AND YOU AGREE TO FORFEIT ANY AND ALL FORMS OF LEGAL RECOURSE WHICH MAY BE AVAILABLE TO YOU, INCLUDING BUT NOT LIMITED TO ANY FORM OF DAMAGES, AS A RESULT OF YOUR PARTICIPATION IN THE ACTIVITIES. You agree that these provisions above apply to you, your family, heirs, executors, or anyone else who may be able to bring a legal action on your behalf in the future. If MT incurs attorney’s fees and costs to enforce this Waiver, you agree to reimburse MT for such fees and costs.

8. Media Release. We think you’re gorgeous and would love to show you off! By being a client at our studio, you agree to grant us the irrevocable right to use your image, likeness, photographs, video content, audio recordings of you captured in our studio or that you share with us online (via your own or others posting of you) as part of our online streaming, marketing, and sales throughout the world and in perpetuity. You also release us from all claims you may have relating to the use mentioned in this section. Please let us know If you ever want us to stop using an image of you.

9. General Legal Provisions. Jurisdiction. This Waiver will be governed exclusively by the laws of the State of California. Severability. If any provisions of this Waiver are invalid or unenforceable, the other provisions in this Waiver will remain in full force and effect. Entire Agreement. This Waiver constitutes the entire agreement between the parties and replaces any prior agreements, promises, or commitments. This Waiver may not be amended, changed, or altered except by another written agreement. Headings. The headings used in this Waiver are for stylistic purposes only and none of the content in the headings are intended to be legally binding.

You agree that you have read this Waiver and fully understand its contents and voluntarily agree to be bound to all of its terms.