WHEREAS, the owners of Menlo Park Labs (Menlo PREPI, LLC, Menlo Park Portfolio II, LLC, Tarlton Properties, Inc., TPI Investors 9, LLC, TPI Investors 11, LLC, O’Brien Drive Portfolio, LLC, Principal Life Insurance Company dba O’Brien Drive Portfolio Member, LLC, and GAVI PREHC LLC) and the operator of Ignite BioFitness and the Menlo Park Labs Outdoor Fitness Area (PerformanceGaines Consulting, LLC) are willing to permit certain persons to utilize Ignite BioFitness, the Menlo Park Labs Outdoor Fitness Area, and the Cold Plunge and Recovery Services (collectively referred to as “the Facilities”) under certain terms and conditions;

WHEREAS use of the Facilities is not required or expected of any person, and is not part of any person’s job duties;

WHEREAS, _______________________ (hereafter referred to as “the User”) may wish to utilize the Facilities and is willing to do so under the terms and conditions established by the owners and the operator;

NOW, THEREFORE, Tarlton Properties, Inc. (as agent for the owners of Menlo Park Labs), PerformanceGaines Consulting, LLC, and the User agree as follows:

1. Voluntary use of Facilities. To the extent that the User elects to utilize the Facilities, he or she will do so on a voluntary basis.

2. Consultation with physician; adherence to safety guidance. The User represents and agrees that he or she:

(a) has obtained any information desired regarding the Facilities;

(b) is not using a pacemaker or defibrillator;

(c) has either (i) consulted a physician regarding the potential use of the Facilities and confirmed that he or she is physically capable of utilizing the Facilities, or (ii) has had the opportunity to consult a physician regarding the potential use of the Facilities and has voluntarily elected not to do so; and

(d) will comply with such rules as may be established at the Facilities for the safety of those who use and work at the Facilities, including, but not limited to, distancing protocols and other safety rules pertaining to COVID-19 or other infectious diseases.

3. Assumption of risk. The User acknowledges that certain risks are inherent in the use of the Facilities and that he or she is aware of the existence of such risks. The User hereby agrees to assume all risks of harm to his or her person and property arising from use of the Facilities, including, but not limited to, risks of bodily injury, emotional injury, death, and damage to or loss of property. Included among the risks assumed by the User are the risks of bodily injury, emotional injury, death, and damage to or loss of property when engaged in conduct incidental to his or her use of the Facilities, such as “warm up” or “cool down” activities, any “set-up” or adjustment of the equipment at the Facilities, and walking between exercise stations or pieces of equipment (hereafter referred to as “Incidental Conduct”), as well

as bodily injury, emotional injury, death, and damage to or loss of property arising from or related to exposure to COVID-19 and other infectious diseases.

4. Conditions for avoidance or discontinuation of use. The User agrees not to use the Facilities, or to discontinue use of the Facilities, until the User’s use of the Facilities has been approved by the User’s health care provider if the User experiences or is experiencing pain, discomfort, dizziness, fever, bleeding, joint injury, infection or virus, or heat sensitivity.

5. Release of potential claims. The User hereby releases and forever discharges (a) Menlo PREPI, LLC, Menlo Park Portfolio II, LLC, Tarlton Properties, Inc., TPI Investors 9, LLC, TPI Investors 11, LLC, O’Brien Drive Portfolio, LLC, Principal Life Insurance Company dba O’Brien Drive Portfolio Member, LLC, GAVI PREHC LLC, PerformanceGaines Consulting, LLC, and the parent, subsidiary and affiliated entities of each, (b) the shareholders, members, directors, officers, employees and representatives of Menlo PREPI, LLC, Menlo Park Portfolio II, LLC, Tarlton Properties, Inc., TPI Investors 9, LLC, TPI Investors 11, LLC, O’Brien Drive Portfolio, LLC, Principal Life Insurance Company dba O’Brien Drive Portfolio Member, LLC, GAVI PREHC LLC, PerformanceGaines Consulting, LLC, and their parent, subsidiary and affiliated entities, and (c) all other persons and entities providing goods or services as vendors at Menlo Park Labs and/or the Facilities (which persons and entities are hereafter referred to collectively as “the Releasees”) from any and all claims, demands, causes of action and liabilities arising, directly or indirectly, from the User’s use of the Facilities or Incidental Conduct. The release provided herein applies, to the maximum extent permitted by law, to all forms of damage and loss the User may suffer as a result of any act or omission of the Releasees, or any of them, including bodily injury, emotional injury, death and damage to or loss of property, and applies regardless of whether the damage or loss is foreseeable, and regardless of the cause of the damage or loss.

6. No duty owed by Releasees. The User agrees that the Releasees, and each of them, owe no duties to him or her in connection with the User’s voluntary use of the Facilities or any Incidental Conduct, including, but not limited to, any duty of instruction concerning the Facilities or equipment at the Facilities, any duty of supervision of the User during the User’s use of the Facilities, any duty to maintain the Facilities or the equipment at the Facilities, and any other duty of care. The Use acknowledges that no lifeguard is present at the Facilities’ swimming pool and agrees that the Releasees have no duty to provide a lifeguard at the swimming pool.

7. Indemnity. The User agrees to defend, indemnify and hold the Releasees, and each of them, harmless against any and all claims, demands, causes of action, liabilities, damages, losses or expenses arising, directly or indirectly, from his or her use of the Facilities and Incidental Conduct, regardless of whether the claim, demand, cause of action, liability, damage, loss or expense is foreseeable and regardless of whether the act or omission of another party (including the Releasees, or any of them) contributes to the claim, demand, cause of action, liability, damage, loss or expense. In the event that a duty to defend and/or indemnify the Releasees or any of them arises, each Releasee entitled to defense and/or indemnity shall have the right to elect, in its sole discretion, either to assume control of the defense of the claim (at the User’s expense) or to permit the User to control the defense of the claim subject to the Releasee’s approval of the counsel selected by the User, and the User shall cooperate with such decision(s).

8. Entire agreement; modification. This Agreement constitutes the entire agreement, and supersedes any prior or contemporaneous agreements, understandings or negotiations with respect to the subject matter hereof. This Agreement (i) may not be amended or modified and (ii) may not be assigned or transferred, in whole or in part, except through a writing duly executed by the User and authorized representatives of Tarlton Properties, Inc. and PerformanceGaines Consulting, LLC. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California, without regard to the conflicts or choice of law principles thereof and shall be as broad and inclusive as permitted by such laws.

9. Understanding and intent to be bound. By signing this Agreement in the designated space below, the User represents and agrees that he or she (i) has read and fully understands this Agreement, (ii) voluntarily accepts the terms of this Agreement and acknowledges that acceptance of these terms is not a condition of employment; and (iii) intends that this Agreement shall be legally binding upon and fully enforceable against him or her.

Date: _________________________________ __________________________________

User’s Printed Name

___________________________________

User’s Signature

Date: ________________________________ Tarlton Properties, Inc.

By:

Title: Senior Vice President

Date: ________________________________ PerformanceGaines Consulting, LLC

By:

Title: Founder/Director of Programming

Date: _________________________________ __________________________________

Printed Name of Parent or Legal Guardian

(applicable only if User is under 18 years of age)

___________________________________

Parent/Legal Guardian’s Signature