ACCIDENT WAIVER AND RELEASE OF LIABILITY FORMTHIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS AND OBLIGATIONS TO INDENMIFY.PLEASE READ CAREFULLY BEFORE SIGNING.1. In consideration of TOA CYCLE STUDIO, LLC (“Owner”) allowing the undersigned participant (the “Participant”) to enter upon Owner’s gym facilities and use the equipment thereat (the “Facilities”) and participate in the fitness and biking activities therein (the “Classes”), Participant, for himself/herself if Participant is over the age of 18, or on behalf of Participant by Participant’s parent or legal guardian if Participant is under the age of 18 (in such case, Participant and such parent or legal guardian shall constitute the “Participant”), hereby represents, warrants, and agrees to the terms of this Release of Liability and Waiver (“Release”).2. Participant agrees to be familiar with and abide by such rules and regulations as Owner may adopt from time to time regulating the use of the Facilities and participation in the Classes, whether posted at the Facilities or otherwise communicated by Owner (the “Rules”), and accepts sole responsibility for Participant’s own conduct and actions while on the Facilities and participating in the Classes. If at any time Participant is in violation of this Release, the Rules, or other instruction given by Owner or Owner’s representatives to Participant, Participant shall no longer be allowed to be on the Facilities, participate in any Classes, or use any of Owner’s equipment, and Participant agrees Owner shall have the right to expel Participant therefrom.3. Participant acknowledges and agrees that Participant will inspect the condition and suitability of the Facilities for Participant’s use prior to each use and agrees that Participant will only use such Facilities if Participant accepts the Facilities in their AS-IS/WHERE-IS condition.4. Participant acknowledges that the certain Classes may have strobe lights and/or other lighting effects and may be accompanied by loud music. Participant agrees that Participant is in good health and in proper physical condition to use the equipment and participate in the Classes. Participant is not and will not at any time while at the Facilities or participating in any Classes be under the influence of alcohol or any illicit or prescription drugs that would in any way impair Participant’s ability to safely use the Facilities or participate in any such Classes. Participant acknowledges that participation in the Classes requires Participant to be in good health and fitness, and that prior to any such participation, Participant is recommended to consult with a medical professional as to whether or not Participant should participate in such Classes. By participating in any Classes, Participant agrees that Participant is healthy and able to participate in such Classes without risk of injury or harm, and by so participating, Participant freely and expressly ASSUMES and ACCEPTS ANY AND ALL RISKS OF INJURY OR DEATH while participating in the Classes.5. Participant HEREBY FULLY RELEASES, WAIVES, AND DISCHARGES Owner and Owner’s related and affiliated entities, their respective members, officers, directors, agents, servants, employees, guests, and insurance company(s) (“Released Parties”) from any liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury, including death, that may be sustained by Participant while on the Facilities and participating in the Classes (“Losses”), except to the extent any such Losses arise out of or result from the Released Parties’ gross negligence or intentional misconduct. Participant further agrees to defend, indemnify and hold harmless the Released Parties from any and all Losses, including attorneys’ fees and costs, claimed against or incurred by any of the Released Parties as the result of or relating to any claim against such entity(s) by any person, except to the extent any such Losse