Liability Waiver, Assumption of Risk, and Release Agreement

LIABILITY WAIVER, ASSUMPTION OF RISK, AND RELEASE AGREEMENT Stephan Cook Fitness LLC This agreement is drafted to follow Utah law governing liability waivers, including Pearce v. Utah Athletic Foundation, 2008 UT 13, 179 P.3d 760, and the Utah Uniform Electronic Transactions Act (Utah Code § 46-4-101 et seq.). If you have questions about your rights under this agreement, you are encouraged to consult an attorney of your own choosing before signing. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE AGREEING. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE. BY CHECKING THE ACCEPTANCE BOX AND TYPING YOUR FULL LEGAL NAME BELOW, YOU ARE SIGNING THIS AGREEMENT ELECTRONICALLY AND AGREEING TO BE LEGALLY BOUND BY IT. 1. PARTIES AND SERVICES. This Liability Waiver, Assumption of Risk, and Release Agreement ("Agreement") is entered into between you ("Client," "I," or "me") and Stephan Cook Fitness LLC, together with its owner Stephan Cook, a NASM-Certified Personal Trainer, and its employees, contractors, agents, successors, and assigns (collectively, the "Company"). The Company offers three categories of services (each a "Service"): (a) "In-Person Training" — personal training sessions supervised in real time by a trainer at a studio or other location in Utah; (b) "Online Coaching" — remote coaching in which the Company designs and adjusts training and, where applicable, general nutrition programming based on information I submit in check-ins, but does NOT supervise my workouts in real time; and (c) "Program Access" — access to written, pre-designed training programs (including monthly-rotating programs) that are NOT personalized to me, NOT supervised, and NOT adjusted based on my individual circumstances, and which I follow entirely on my own. This Agreement applies to every Service I purchase or use, now or in the future, and to all related activities, facilities, equipment, instructions, programs, and communications. ALL SERVICES ARE OFFERED ONLY TO INDIVIDUALS 18 YEARS OF AGE OR OLDER. By signing below, I represent that I am at least 18 years old; the Company does not accept clients under 18 under this Agreement. 2. VOLUNTARY PARTICIPATION. I am participating voluntarily. I understand that exercise, physical training, and changes to diet or nutrition are physically demanding activities that carry inherent risks that cannot be eliminated regardless of the care taken to avoid injury. 3. ASSUMPTION OF RISK. I understand and acknowledge that the risks of participation include, but are not limited to: muscle strains, pulls, and tears; ligament and tendon sprains and ruptures; joint injuries; broken bones; back and neck injuries; concussion and other head injuries; abnormal blood pressure responses; fainting; dehydration; heat-related illness; aggravation of pre-existing conditions; adverse responses to changes in diet or nutrition; equipment failure or misuse; slips, trips, and falls; heart attack, stroke, other cardiovascular events; and, in rare cases, catastrophic injury, permanent disability, or death. I KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, arising from my use of any Service, and I accept personal responsibility for any injury, illness, damage, or loss that may result. I further acknowledge that the degree of risk I assume depends on the Service: (a) during In-Person Training, a trainer is present and supervising, but supervision does not eliminate the inherent risks of exercise; (b) during Online Coaching, no one supervises my workouts in real time, and the quality of the coaching I receive depends materially on the accuracy and completeness of the information I report in my check-ins — I assume all risks associated with performing exercises without in-person supervision, including risks arising from my own exercise form and technique, my training environment, and my equipment; and (c) with Program Access, I understand that I am purchasing general, non-individualized written programming, that NO ONE at the Company supervises, observes, personalizes, or adjusts my training, that the Company has no knowledge of my individual health status, abilities, environment, or equipment, and that I am solely and entirely responsible for deciding whether the program is appropriate for me, for how I perform it, and for stopping if I experience pain, discomfort, or warning signs of any kind. I acknowledge that self-directed, unsupervised training carries greater risk than supervised training, and I accept that elevated risk. 4. MEDICAL CLEARANCE AND HEALTH REPRESENTATIONS. I represent that, to the best of my knowledge: (a) I am in sufficient physical health to participate in the Services I have selected; (b) I have disclosed, and will promptly disclose, to the Company (for In-Person Training and Online Coaching) any medical conditions, injuries, medications, or physician-imposed restrictions that could affect my ability to exercise safely; and (c) I have been advised, and I agree, to consult a physician or other qualified healthcare provider before beginning this or any exercise or nutrition program — and that I will do so before beginning if I have (or have reason to suspect) any condition including, without limitation: heart conditions or cardiovascular disease; chest pain at rest or during activity; dizziness or loss of consciousness; bone, joint, or soft-tissue conditions that could be worsened by activity; high blood pressure; diabetes; asthma or other respiratory conditions; pregnancy; or any other condition for which a physician has advised me to limit physical activity. I understand that the Company, including Stephan Cook, is not a physician, dietitian, or other licensed healthcare provider; that NASM certification is a fitness credential and not a medical or healthcare license; and that nothing provided through any Service is medical advice, diagnosis, or treatment. For Program Access in particular, I understand that no one at the Company will screen my health status, and that my decision to begin the program without medical clearance is mine alone. I agree to stop exercising immediately and seek medical attention if I experience symptoms such as chest pain, severe shortness of breath, dizziness, or faintness. 5. CONSENT TO EMERGENCY MEDICAL TREATMENT (IN-PERSON TRAINING ONLY). If I become ill or injured during an In-Person Training session and am unable to give consent at the time, I authorize the Company to obtain emergency medical care on my behalf, and I agree that I am responsible for all costs of such care. The Company does not undertake any duty to provide medical care beyond summoning emergency services. 6. RELEASE OF LIABILITY. In consideration of being permitted to use the Services, I, on behalf of myself and my heirs, personal representatives, and assigns, HEREBY RELEASE, WAIVE, AND DISCHARGE the Company from any and all claims, demands, causes of action, damages, costs, and expenses of any kind — including claims arising from the ORDINARY NEGLIGENCE of the Company — arising out of or related to my use of any Service, my performance of any exercise or program, my presence at any training facility, or my reliance on any information provided by the Company, in each case TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THIS RELEASE DOES NOT APPLY to claims arising from the Company's gross negligence, willful or wanton misconduct, intentional wrongdoing, or any other liability that cannot lawfully be waived or released under the law that applies to me. Nothing in this Agreement excludes or limits any liability, or waives any right, that applicable law does not permit to be excluded, limited, or waived. 7. INDEMNIFICATION. To the maximum extent permitted by applicable law, I agree to indemnify and hold harmless the Company from and against claims, damages, and reasonable costs (including reasonable attorneys' fees) arising out of my own breach of this Agreement, my misrepresentation of my health status, or my violation of law in connection with my use of the Services. This indemnification obligation does not apply to the extent a claim arises from the Company's own gross negligence, willful misconduct, or other non-waivable conduct, and does not apply where such indemnification is prohibited by applicable law. 8. NO GUARANTEE OF RESULTS; NOT MEDICAL OR DIETETIC ADVICE. I understand that individual results from training and nutrition programming vary widely and depend on factors outside the Company's control, including genetics, adherence, sleep, stress, diet, and health status. The Company makes NO GUARANTEE, PROMISE, OR WARRANTY of any particular result, including weight loss, muscle gain, performance improvement, or health outcome. Any testimonials, examples, or projections are illustrative only. All content provided through the Services — including training programs and general nutrition guidance — is provided for general fitness and educational purposes only and is not medical advice, nutrition therapy, or a substitute for care from a licensed healthcare provider. 9. GOVERNING LAW; HONEST SCOPE OF THIS AGREEMENT. This Agreement is governed by the laws of the State of Utah, without regard to its conflict-of-laws rules, and any dispute that is litigated shall, to the extent permitted by law, be brought in the state or federal courts located in Utah. HOWEVER, I acknowledge — and the Company openly discloses — that liability waivers are not treated identically in every U.S. state: some states enforce waivers of ordinary negligence when clearly written, while a small number of states substantially restrict or refuse to enforce such waivers as a matter of public policy, and consumers in some states may have rights that a choice-of-law clause cannot take away. Because Program Access is sold nationwide, this Agreement is not represented as providing identical protection in every jurisdiction. Where any release, waiver, or limitation in this Agreement is unenforceable under the law that applies to a particular Client, the remaining provisions — including my assumption of risk, my health representations, and my acknowledgments about the unsupervised nature of certain Services — remain in effect to the fullest extent permitted. 10. SEVERABILITY AND SAVINGS CLAUSE. If any provision of this Agreement, or its application to any person or circumstance, is held invalid, illegal, or unenforceable in any jurisdiction, that provision shall be enforced to the greatest extent permitted by the law of that jurisdiction — and, if it cannot be enforced at all, it shall be deemed severed — without invalidating the remainder of this Agreement, which shall continue in full force and effect. It is the intent of the parties that this Agreement be given the maximum lawful effect in each jurisdiction where it is applied. 11. ELECTRONIC TRANSACTION AND ELECTRONIC SIGNATURE. I agree to conduct this transaction electronically, and I consent to the use of electronic records and electronic signatures in connection with this Agreement, in accordance with the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN Act, 15 U.S.C. § 7001 et seq.) and applicable state electronic-transactions law (including the Uniform Electronic Transactions Act as adopted in my state). I understand and agree that: (a) checking the acceptance box and typing my full legal name in the signature field below together constitute my electronic signature; (b) I intend my electronic signature to be legally binding and to have the same force and effect as a handwritten signature on paper; (c) my ability to read this Agreement on this device and to complete the acceptance fields reasonably demonstrates that I can access records in the electronic form used for this transaction; (d) I may request a paper copy of this Agreement, and download or print a copy at any time, and the Company will retain an electronic record of my signed Agreement, including the date and time of signature, and will make a copy available to me on request; (e) I may withdraw my consent to conduct future transactions electronically by written notice to the Company, which will not affect the validity of this Agreement or any signature already given; and (f) maintaining a current email address with the Company is my responsibility, and standard hardware, an internet connection, and software capable of displaying this web page are required to access and retain this record. 12. ENTIRE AGREEMENT; ACKNOWLEDGMENT. This Agreement is the entire agreement between me and the Company regarding assumption of risk and release of liability, and it supersedes any prior oral or written statements on those subjects. It may be amended only in a writing signed (physically or electronically) by both parties. I confirm that I have read this entire Agreement, that I understand it affects my legal rights, that I have had the opportunity to ask questions and to seek independent legal advice before signing, and that I am signing freely and voluntarily, without any inducement or representation other than what is written here, and that I am at least 18 years of age.