TERMS OF SERVICE AND RELEASE OF LIABILITY

Participation in spin and barre classes, like other forms of exercise, comes with some inherent risks, such as accidents, injuries, illness, and others listed below. The purpose of this release and waiver (the “Waiver”) is to openly communicate the risks of practicing together, either in person or online, and for you (the signer) to release The Revival: Spin & Barre, LLC (“The Revival”) of any liability. Please be aware that if you do not sign this Waiver, you will not be permitted to participate in any classes.

If you are under the Age of Majority in the State of Montana (18 years old), your legal guardian must also sign this Waiver on your behalf.

In exchange for participation in the activity of spin and barre classes, or any other related exercises, facility use, and services organized by The Revival, whether in person or virtual, at any location, you agree to these Terms of Service.

I, _______________, agree for myself and (if applicable) for members of my family, to the following terms and conditions of this Agreement.

If signing on behalf of a minor, I,__________________, consent to the participation of my minor, , in the activity of fitness classes, and agree on behalf of the minor to all of the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of the minor.

1. ASSUMPTION OF THE RISK AND RELEASE. I recognize that there are certain inherent risks associated with exercise classes and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge The Revival for injury, loss, illness, or damage arising out of my or my family’s use of or presence upon the facilities of The Revival, whether caused by the fault of myself, my family, The Revival, or other third parties; and

A) I recognize the assumption of risk includes injury or damage sustained while at and/or resulting from i) using any premises, facility, or classes, conducted at any location, whether in person, virtual, or recorded; ii) the additional use of the property, facilities, or services of The Revival; and/or iii) using any equipment, whether given by The Revival, or the employees, representatives, or agents of The Revival, or otherwise. This release applies also to any injuries or damages arising out of the

ordinary negligence of The Revival, or the employees, representatives, or agents of The Revival; and

B) I understand that during the fitness classes that I attend, instructors at The Revival may physically touch me while I am engaged in an exercise, which is part of the program and their instruction. I agree that I will release The Revival, and any instructor of The Revival who may touch me, from any injury or damage that may occur to me attributable to the touching during the class. If at any time I do not wish to be touched, I will clearly state that to my instructor; and

C) I further recognize that I am in sufficient health and condition to participate in one or more fitness classes in a safe and healthy manner; I understand that fitness classes and related exercises require physical exertion which may be strenuous; and I am fully aware of the risks and hazards involved from strenuous exercise; and

D) I understand that it is my responsibility to consult with a physician prior to and regarding my participation in any fitness class, and that I am physically fit and do not have any medical condition that would prevent my full participation in any fitness class; and

E) I agree to assume full responsibility for any risks, injuries, or damages known or unknown, which may occur as a result of my participation in one or more fitness classes, including, but not limited to sprains, strains, falls, broken bones, dehydration, other injury, contagious illness, sickness, pregnancy-related injuries, or in rare instances, death; and

F) I agree to observe and obey all posted rules, equipment limitations/restrictions, and warnings, and further agree to follow any verbal instructions or directions given by The Revival, or the employees, representatives, or agents of The Revival; and

G) I agree I will act in a safe and responsible manner; assure I understand how to properly use any equipment before using it; and use appropriate judgment regarding personal physical or medical limitations; and

H) I acknowledge this waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) use of any exercise equipment or facilities that may malfunction or break, (b) improper maintenance of any exercise equipment, premises, or facilities, (c) negligent instruction or supervision, (d) negligent hiring or retention of employees, and/or (e) slipping, tripping, or falling while on any portion of the premises or while traveling to or from the facility, including injuries resulting from negligent inspection or maintenance of the facility or premises of The Revival; and

I) BY SIGNING THIS DOCUMENT YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY OR ANY INJURIES OR DAMAGE YOU MAY SUFFER DUE TO THE PROVIDER’S ORDINARY NEGLIGENCE THAT ARE THE RESULT OF THE PROVIDER’S FAILURE TO EXERCISE REASONABLE CARE.

2. RELEASE OF LIABILITY AND INDEMNITY. I agree to indemnify, defend, and hold harmless The Revival, or the employees, representatives, or agents of The Revival, against all claims, loss, liability, causes of action, damages, judgments, costs, or expenses, including reasonable attorney fees and other litigation costs, which may in any way arise from my or my family’s use of or presence upon the property and/or the facilities of The Revival. In consideration of being permitted to participate in The Revival fitness classes or other activities, I hereby knowingly and voluntarily expressly waive any claim that I may have against The Revival, or the employees, representatives, or agents of The Revival, for any injury or damages that I may sustain as a result of participating in any fitness class or other activity/service taught by, sponsored by, or affiliated with The Revival.

3. FEES. I agree to pay for all damages to the facilities or property of The Revival, or damages to its other customers, caused by any negligent, reckless, or willful action of me or my family.

4. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Montana law.

5. MEDICAL AUTHORIZATION OF A MINOR. In the event of any injury to the above minor during the above-described activities, I give my permission to The Revival, or to the employees, representatives, or agents of The Revival, to arrange for all necessary

medical treatment (in The Revival’s discretion), for which I shall be financially responsible. This temporary authority will remain in effect whenever the minor is present on the Revival’s premises or taking a class from The Revival. This authorization may be terminated in writing by the undersigned at any time.

Pursuant to this Section 5, the Revival, or its employees, representatives, or agents shall have the following powers:

A) The power to seek appropriate medical treatment or attention on behalf of my child as may be required by the circumstance, including without limitations, that of a licensed medical physician and/or hospital;

B) The power to authorize medical treatment or medical procedures in an emergency situation; and

C) The power to make appropriate decisions regarding clothing, bodily nourishment, and shelter.

6. ACKNOWLEDGEMENTS. I agree and acknowledge that I have carefully read this Agreement and fully understand that it is a release of liability, express assumption of risk, and indemnity agreement. The foregoing assumption of risk, release of liability, fees, and applicable law is intended to be as broad and inclusive as permitted by the law in the State of Montana. If any portion of this Agreement is held invalid, it is agreed that the other remaining terms shall, notwithstanding, continue in full legal force and effect and not affect the validity or enforceability of any other provision in this Agreement.

I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.

I agree and acknowledge this Agreement and each of its terms are the product of an arm’s length agreement between the Parties, in exchange for the services provided by The Revival. In the event any ambiguity is found to exist in the interpretations of this Agreement, or any of its provisions, the Parties explicitly reject the application of any legal or equitable rule of interpretation that would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

I agree and acknowledge that by executing this Release of Liability, I am giving up my right to bring legal action or assert a claim against The Revival, a Montana limited liability company, or the owners, employees, representatives, or agents of The Revival.

I HAVE READTHIS RELEASEOF LIABILITY, ANDI UNDERSTANDAND AGREE TO ALL OF THE TERMS AND CONDITIONS APPLIED IN THIS AGREEMENT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

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MEMBERSHIP AGREEMENT

This Membership Agreement ("Agreement") is made between The Revival: Spin & Barre ("Studio") and the individual signing below ("Member"). By signing this Agreement, Member agrees to abide by the following terms and conditions.

1. Membership Options

The Revival: Spin & Barre offers various membership options, which are available for review and selection at the time of registration. The membership options include, but are not limited to:

● Monthly Membership: Access to an unlimited number of classes per month.

● Class Pack Membership: Prepaid packages that offer a specific number of classes to be used within a set period (e.g., 10 classes in 3 months).

● Drop-in Classes: Single-session classes without a membership commitment.

The membership options and associated fees are outlined at the time of registration

2. Term & Duration

This Agreement shall begin on the date of signing and will remain in effect for the duration of the Member’s chosen membership term.

● For Monthly Memberships, membership will automatically renew each month unless canceled by the Member according to the cancellation policy outlined below.

● For Class Pack Memberships, the membership is valid for the number of classes purchased and expires after the designated period (e.g., after 3 months).

3. Fees & Payments

The Member agrees to pay all fees associated with their membership, including any applicable taxes. Fees are due at the time of registration and may be paid via credit card, debit card, or other payment methods accepted by the Studio. Payment for Monthly Memberships will be automatically billed each month on the same date, unless canceled in accordance with the cancellation policy.

Late Fees: A late fee will be applied if a payment is not received within 5 days of the due date.

4. Class Reservations & Cancellations

● Reservations: Classes require reservations, which can be made via the Studio’s booking system. Reservations are subject to availability.

● Cancellations: Members may cancel a class reservation up to 4 hours prior to the scheduled class start time without penalty. Cancellations made within 4 hours of class start time may result in a late cancellation fee of $10 per class.

5. Studio Policies

● Arrival Time: Members are encouraged to arrive at least 10 minutes before the scheduled class time to check-in and prepare. This will also help ensure that classes are not interrupted by late arrivals.

● Fitness Level: Members acknowledge that spin and barre exercises may involve physical exertion. By signing this Agreement, the Member certifies that they are in good health and capable of participating in such activities. The Studio is not responsible for injuries sustained during class. Each participant will be required to separately sign a Release.

● Personal Belongings: The Studio is not liable for any lost, stolen, or damaged personal belongings. Members are encouraged to leave valuables at home.

● Etiquette: Members are expected to be respectful of other participants and staff; to avoid disruptive or dangerous behavior; and to follow any posted instructions in the Studio. A failure to adhere to this policy may result in a warning or, in severe cases, suspension of Studio privileges. We encourage open communication; if you have any questions or concerns, please let staff know.

6. Cancellation & Termination

● Member-initiated Cancellations: Monthly Memberships may be canceled at any time with a 30-day written notice. Once canceled, the Member will not be charged for the following month’s membership.

● Refunds: No refunds will be issued for unused classes or memberships. However, under exceptional circumstances (such as medical issues), the Studio may offer a prorated refund at its discretion.

● Suspension of Membership: If a Member experiences a temporary illness or injury, the Studio may allow the membership to be suspended for up to 30 days with a doctor's note.

7. Modification of Terms

The Studio reserves the right to modify the terms and conditions of this Agreement at any time. Changes will be communicated to the Member in writing or via the Studio's digital channels.

Continued participation in the Studio’s activities constitutes acceptance of any modifications.

8. Privacy & Data Use

The Studio collects personal information for the purpose of managing membership, payments, and communication. This information will not be shared with third parties except as required by law or for necessary operational purposes. The Studio’s privacy policy may be accessed through its website.

9. Governing Law

This Agreement will be governed by and construed in accordance with the laws of Montana, without regard to its conflict of law principles.

10. Acknowledgment & Signature

By signing below, the Member acknowledges that they have read, understood, and agree to the terms and conditions outlined in this Membership Agreement.

Member's Name:

Signature:

Date:

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SIGNATURE OF PARENT OR GUARDIAN OF MINOR MEMBER