In consideration of your use of the Redbud Fitness website known as www.RedbudFitness.com, together with associated exercise equipment and facilities (the "Site") provided by the Redbud Fitness & Lifestyle Center, L.L.C. (the "Company"), you expressly agree and contract, on behalf of yourself, your heirs, executors, administrators, successors and assigns, that the Company and its insurers, employees, officers, directors, associates, members and contractors shall not be liable for any personal injuries (including death) or other claims sustained by yourself, or any family member or guest in, on, or about the Sites, or as a result of the use of the Sites, equipment or facilities, regardless of whether such injuries result, in whole or in part, from the negligence of the Company.

Through the use of the Sites, you accept and assume full responsibility for any and all claims, injuries, damages (both economic and non-economic), and losses of any type, which may occur to yourself, family members and guests, and you hereby fully and forever release and discharge the Company, its insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of said equipment and facilities.

You also expressly agree to indemnify and hold the company harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained, and further agree to be solely responsible for safety and well being of yourself, your family members and guests. You understand that the Company does not provide supervision, instruction, or assistance for the use of the premises, facilities and equipment.

You hereby agree to comply with all rules imposed by the Company regarding the use of the Sites, it's facilities and equipment, and agree to conduct yourself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.

You understand and acknowledge that the use of exercise equipment involves risk of serious injury, including permanent disability and death.

You understand and agree that the Company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.

You understand and agree that your use of the Sites, facilities and equipment is only to be undertaken on your own personal time, and that use of the Sites, facilities and equipment is not within the course or scope of your employment.

I HAVE READ THE FOREGOING WAIVER AND RELEASE OF LIABILITY AND THROUGH MY USE AND ACCESS TO THE SITES, VOLUNTARILY AGREE TO THIS AGREEMENT WITH FULL KNOWLEDGE OF ITS CONTENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, REDBUD FITNESS & LIFESTYLE CENTER, L.L.C., ON BEHALF OF OUR OFFICERS, DIRECTORS, EMPLOYEES, TEAM MEMBERS, SUBCONTRACTORS, AFFILIATES, FRANCHISEES, AND SUPPLIERS, EXCLUDE AND DISCLAIM ANY AND ALL LIABILITY FOR ANY INJURIES, LOSSES, DAMAGES, CLAIMS AND EXPENSES OF WHATEVER KIND OR NATURE HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OR PERSONS, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR FACILITIES, THE PURCHASE OF GOODS OR SERVICES SOLD THROUGH THIS WEBSITE, OR ANY WEBSITE WITH WHICH THIS SITE MAY BE LINKED. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

Your use of the Site, or any associated facilities or premises in connection therewith, shall constitute your approval of this agreement with the Company.  Further, your statutory rights as a consumer, if any, are not affected by these provisions, noting we do not seek to exclude or limit liability for fraudulent misrepresentation.

INDEMNITY

You hereby agree to defend, indemnify and hold harmless the Company, its parents, subsidiaries, affiliates and contractors, together with their respective directors, officers, managers, members, employees, contractors and agents, from and against any and all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of or related to your use of this Website or associated facilities or premises, and any content you submit, post to, or transmit through this Site or your breach or alleged breach of the Liability Agreement accepted through the use of the Site, facilities or premises.