Waiver and Release Form Because physical exercise can be strenuous and subject to risk of physical injury, Xcel Sports and Fitness urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, facility user, class participant, and participating family member) agrees that if you engage in any physical exercise or activity or use any club amenity on the premises or off premises including any club event, you do so entirely at your own risk. Any recommendation for changes in diet including the use of food supplements, weight reduction and/or body building enhancement products are entirely your responsibility and you should consult a physician prior to undergoing any dietary or food supplement changes. You agree that you are voluntarily participating in these activities and use of these facilities and premises and assume all risk or injury, illness, or death. We are also not responsible for any loss of your personal property. This waiver and release of liability includes, without limitations, all injuries which may occur as a result of; (a) your use of all amenities and equipment in the facility and your participation in any activity, class, program, personal training or instruction, (b) the sudden and unforeseen malfunction of any equipment, (c) our instruction, training, supervision, or dietary recommendations, (d) your slipping and/or falling while in the club, or on Xcel Sports and Fitness for personal injury or property damage. You acknowledge that you have carefully read this “waiver and release” and fully understand that it is a release of liability. You expressly agree to release Xcel Sports and Fitness and all affiliates, employees, agents, representatives, members, managers, successors, or assigns from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring to legal action against Xcel Sports and Fitness for personal injury or property damage. I understand that I may be filmed or photographed in connection with athletic training, events and otherwise, such media shall be owned by Xcel Sports and Fitness and may be used for advertising and promotional purposes including identification of me. To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Xcel Sports and Fitness its agents and employees. If any portion of this 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 served here from. By signing this release, I acknowledge that I understand its content and that this release cannot be modified orally.