RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER, AND INDEMNITY AGREEMENT

Please Read Carefully. By signing this Agreement, I am releasing the Released Parties (defined below) of liability, assuming the risks of being a member and indemnifying or protecting the Released Parties from any claims against it that are the result of my actions or inactions. Do not sign this Agreement unless you have read it in its entirety. Seek the advice of legal counsel if you are unsure of its effect.

IN CONSIDERATION of being allowed to use HappiHaven Group Fitness & Wellness, Inc. ("HappiHaven") premises and facilities, equipment, and services, and participation in HappiHaven's programs, absent HappiHaven’s willful or intentional misconduct, I agree to release HappiHaven and its owners, shareholders, members, officers, directors, employees, independent contractors, agents, and volunteers (hereinafter collectively referred to as the "Released Parties") from any and all liability for personal injury, death, or property damage which results in any way from conditions on or about the premises and facilities, the operations, actions or omissions of the Released Parties, my participation in HappiHaven's services and programs, my use of equipment, or other activities within or outside HappiHaven's premises and facilities to the extent organized, sponsored or endorsed by HappiHaven, accepting full responsibility for any and all such damage or injury of any kind which may result. I also agree as follows:

I understand and accept that there are dangers and risks, some of which are inherent, in my use of or presence at HappiHaven's premises and facilities, in my use of HappiHaven's equipment and services, and in my participation in HappiHaven's programs. I expressly assume all risk associated in my use of or presence at HappiHaven's premises and facilities, my participation in HappiHaven's programs, my use of equipment, or other activities within or outside of HappiHaven's premises and facilities to the extent organized, sponsored or endorsed by HappiHaven including without limitation, the risks and inherent dangers associated with health or fitness activities which could result in severe injury, including death, as well as all risk of loss, theft or damage of personal property. These risks include, but are not limited to, (i) injuries arising from the use of HappiHaven's premises, facilities or equipment including any accident, equipment that breaks or otherwise fails, or "slip and fall" incidents; (ii) injuries arising from any participation in supervised or unsupervised services and programs; (iii) injuries or medical conditions resulting from physical activity, including, but not limited to, heart attacks, paralysis, sprains, broken bones, and torn muscles, tendons, and ligaments; and (iv) damaged, lost or stolen clothing or other property.

To the extent I am signing on behalf of a minor , I represent that I am the parent or legal guardian of the minor, I am authorized to sign this Agreement on behalf of the minor and I am agreeing to this Agreement and all of its terms on behalf of the minor.

On my behalf or on behalf of the minor for whom I am signing this Agreement, I further agree to personally defend, indemnify and hold harmless the Released Parties from any and all claims, demands, losses, damages and liabilities, contribution or otherwise with respect to personal injury, death or property damage arising from my, or a minor's on whose behalf I have signed, use of or presence at HappiHaven's premises and facilities, participation in HappiHaven's services and programs, use of equipment, or other activities within or outside HappiHaven's facilities to the extent organized, sponsored or endorsed by HappiHaven. I promise not to sue the Released Parties, and further agree that if anyone is physically injured or property is damaged while I am engaged in such activities, I will have no right to make a claim or file a lawsuit against the Released Parties.

I also agree to defend and indemnify the Released Parties for any and all claims, including subrogation and/or derivative claims brought by any third party or insurer, which I may cause. If I am signing for a minor, I will be the person defending and indemnifying the Released Parties.

I represent that I am in good health and physically fit to participate in and/or use HappiHaven's premises, facilities, equipment, services, and programs and have no medical or physical condition which could interfere with my safety in such activities. I agree that it is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate.

In accordance with Minnesota law, nothing in this Agreement should be construed as releasing, discharging or waiving any claims I may have for conduct that constitutes willful or intentional misconduct on the part of the Released Parties.

This Agreement is governed by the Laws of the State of Minnesota and is intended to be interpreted as broadly as possible. If any portion of this Agreement is determined to be unenforceable, all other parts shall be given full force and effect.

I have carefully read this Agreement and fully understand its contents. I am aware that I am releasing the Released Parties of liability, assuming the risks of being a member and indemnifying or protecting the Released Parties from any claims against it that are the result of my actions or inactions. I sign this Agreement of my own free will.

Coronavirus Waiver I understand the following and agree to it:

By entering this facility, I am aware of the potential risks from being exposed to or contracting illnesses such as coronavirus and its variants (COVID-19). I am aware that some illnesses such as COVID-19 can be highly contagious and can cause serious injury or death. I agree to fully accept all known and unknown risks, from any such illnesses, including COVID-19.

I understand and agree that I will hold HappiHaven harmless and I will not hold HappiHaven liable for any real or perceived symptoms or consequences of COVID-19 or any other disease, illness, or condition, nor for exacerbating any existing symptoms, and I fully agree to accept all risks of entering the facility, using the equipment, working with personal trainers, attending classes, and/or interacting or being exposed to other members.

HappiHaven reserves the right to refuse entry to the studio if the member has traveled, not signed this Agreement, has a temperature, or shows any signs of illness. If you have returned to the studio and show any signs of illness you agree to notify Megan Cooper right away at megan@studiomefitness.com or call 612-656-9306.