Balance Fitness, LLC Program (“Balance Fitness”) New Member Agreement and Release Waiver of Liability. The Member forever releases, holds harmless, waives, and discharges Balance Fitness and their owners, employees, teachers, and agents, (collectively, the "Balance Parties") from and against any and all liabilities, debts, obligations, costs, expenses, damages, judgments, liens, claims, and demands of any nature or description, in equity or at law, that the Member now has or may acquire arising from participation by the Member in classes, events, or activities conducted by any one or more of the Balance Parties, even if the risks and liabilities that the Member is releasing arise from the negligence or carelessness of one or more of the Balance Parties. The Member expressly waives the benefit of any statutory or other provision that creates any exception to the foregoing Agreement and Release. Permission to Use Likeness. The Member grants to Balance Fitness, jointly, for their own benefit, and for the benefit of others, the non-exclusive and perpetual right to (a) interview, photograph, or otherwise capture the image of the Member, both in still and motion pictures, (b) record the voice of the Member, separately and in synchronization with images, and (c) use and duplicate such photographs or other images, in any formats, and reproduce the voice and/or likeness of the Member for all purposes. All copies of the Member's image, likeness, and voice created or recorded by the Balance Parties hereunder shall be the exclusive property of Balance Fitness. The Member agrees that the copyright in any work captured by the Balance Parties shall be the exclusive property of Balance Fitness with all such rights in and to said work having been transferred by the Member to Balance Fitness. Acknowledgement of Understanding. The Member has read this document, acknowledges that the contents are written in clear, understandable language, understands the contents, has had the opportunity to obtain legal advice as to its effect, and is under no duress or obligation of any kind to execute it. This Agreement and Release reflects the understanding of the Member with respect to all subject matter addressed herein and will be construed accordingly. Representation of Good Health. The Member acknowledges that activities conducted by the Balance Parties are of a physical nature and as such, may be inherently risky or dangerous for some people. Member agrees to assume any and all of the risks and dangers associated with the classes at Balance Fitness. Member further represents that he or she is physically capable of performing the movements in Balance classes.