AquaVie Waiver & Release of Liability Agreement

In further consideration of my access to and/or use of the services and facilities of AquaVie Fitness & Wellness Club (hereinafter “AquaVie”), I agree and understand that ongoing fitness-related activities are occurring in the area where I am about to enter. I further agree, understand, and accept that sites conducting fitness-related activities are potentially hazardous environments, despite the precautions for safety taken by AquaVie.

With full acknowledgment that activities on sites conducting fitness-related activities are potentially hazardous, and that my presence on or about the facilities and participation could involve risks of exposure to serious injury, illness (including illness from exposure to contagious diseases), death, and/or property damage, I expressly assume all the risks associated with the site and its activities.

I further acknowledge and agree that the use of Fitness treatments may involve a high degree of risk and may be hazardous to my health. Such services may cause damage, injury, illness, or death, and I expressly agree to assume all risks associated therewith. I acknowledge and understand that Fitness therapists are not medical professionals and cannot guarantee that the services they perform are completely safe, even if I fully disclose any medical conditions I may have or medications I am taking that may increase the possibility of adverse effects from Fitness treatments.

THEREFORE, I HEREBY FULLY RELEASE ALL CLAIMS, WAIVE AND DISCHARGE MY RIGHTS OF RECOVERY, AND COVENANT NOT TO SUE Westgate Hotel, LLC, AquaVie Fitness & Wellness Club, its parent, brother, sister, and other closely related affiliate companies, and its and their officers, directors, members, employees, agents, and assigns for any damages, bodily injury, or death arising from my access to and use of the facilities and services of AquaVie. This release and waiver applies to any damage, injury, or death whether or not related to fitness-related activities or otherwise. I have read this Waiver of Release Agreement carefully, understand its significance, and voluntarily agree to all its terms and conditions.

FOR PARTICIPANTS UNDER THE AGE OF 18 (MINORS)

Persons under the age of 18 (“Minor”) are required to have a parent, guardian, or responsible authorized adult (collectively referred to herein as “Authorized Adult”) read and sign this Agreement.

To the fullest extent allowed by law, the Authorized Adult, individually and on behalf of the Minor, has read, understood, and expressly agrees to all terms of this Agreement. The Authorized Adult acknowledges and agrees to the express assumption of risk, release of liability, indemnification, and covenant not to sue Westgate Hotel, LLC, AquaVie Fitness & Wellness Club, and all related parties as described above, including for negligence.

The Authorized Adult releases all of their, and the Minor’s, rights or claims, including those arising from personal injury or wrongful death. The Authorized Adult agrees to educate, supervise, and make all decisions concerning the Minor’s participation, use of all facilities, and involvement in activities, including the use of the fitness areas. The Authorized Adult assumes full responsibility for any resulting injuries, illnesses, or damages and agrees to pay all medical bills incurred by the Minor. The Authorized Adult further waives all rights of subrogation against AquaVie Fitness & Wellness Club and Westgate Hotel, LLC.

Team Elite Chiropractic Patients: In consideration of my access to and use of AquaVie Fitness & Wellness Club’s facilities and services, I acknowledge that I am required to be present with my provider at all times during my service. I also understand that I may not use the facilities without an active AquaVie membership. I recognize that fitness-related activities and Fitness treatments at AquaVie may involve risks of injury, illness, or other potential hazards, despite safety precautions. I fully assume all risks associated with these activities. Furthermore, I release and waive all claims against AquaVie, its affiliates, employees, and agents for any injury, illness, or death arising from my use of the facilities and services. I understand and voluntarily agree to these terms.