This Waiver of Liability and Assumption of Risk Agreement (“Agreement” or “Waiver of Liability Agreement”) is entered into between MIXED PARTNERS, DE LLC (operating as “Lumin Fitness”) and you, the user of this facility. Lumin Fitness is a tech-empowered fitness experience. This Agreement allows users access to participate in the Lumin Fitness experience.

Please review this Agreement thoroughly as it is a legal contract between Lumin Fitness and all users. By using the services offered at Lumin Fitness, you are agreeing to the terms of this Agreement.

‍WAIVER OF LIABILITY AND ASSUMPTION OF RISK

Conduct/Damages: Lumin Fitness is committed to the health, safety, and welfare of each of its users and will not tolerate unreasonable, threatening, obscene, harassing, indecent, or illegal behavior. Members who do not observe Lumin Fitness’ rules and regulations or who abuse equipment or technology in any fashion will be asked to leave. Lumin Fitness has the right to judge behavior and respond accordingly, including but not limited to termination of a membership without refund to any member engaging in unacceptable behavior.

The member shall pay for any damages to Lumin Fitness property resulting from the willful or negligent conduct of any member, member’s guest, or member’s dependent child. Not all rules and regulations are listed in this Agreement. Lumin Fitness reserves the right to add, change, or remove rules, conditions of membership, opening and closing hours, and all services, equipment, and technology offered by Lumin Fitness.

You are also responsible for complying with the host facility’s rules and regulations, and you may be held separately liable for any damage to property owned by the host facility.

Safety: By attending classes, events, activities and other programs at Lumin Fitness, you agree to abide by the following safety rules, as well as other safety rules posted at the studio and/or online:
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- Dress Code: Members are expected to wear appropriate workout attire, including athletic shoes and clothing that covers the chest and torso.
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- Hygiene: Members are expected to maintain good hygiene, including wiping down their space and their equipment after use.
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- Personal Belongings: Members are responsible for their personal belongings and are encouraged to use lockers or designated storage areas. Lumin Fitness is not responsible for lost or stolen items.
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- Equipment Use: Members are expected to use equipment safely and follow any usage guidelines provided by Lumin Fitness. Members should not monopolize equipment or use equipment for unintended purposes.
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- Courtesy: Members are expected to be courteous to other members and team members, refrain from using profanity, and avoid disruptive behavior.
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- Pets: Pets are generally not allowed in the workout areas of the fitness studio, except for certified service animals as required by law for individuals with disabilities. Members who bring service animals must provide documentation of certification upon request.

‍Photo/Video Release: You hereby grant Lumin Fitness, its representatives, employees, and agents the right to take photographs and video footage of you and your property while using Lumin Fitness equipment and technology or participating in Lumin Fitness activities, and to use and publish these materials in print and/or electronically. Lumin Fitness may use such photographs or video footage with or without your name for any lawful purpose, including publicity, illustration, advertising, and web content.

‍AGREEMENT TO PARTICIPATE AND ASSUMPTION OF RISK
By signing up for and/or participating in classes, sessions, events, activities, or other programs, and by using Lumin Fitness equipment and technology (for clarity, this includes only Lumin Fitness-provided equipment, technology, and services, and does not include any other equipment, facilities, or services of the host location unless explicitly stated), you acknowledge on behalf of yourself, your heirs, personal representatives, and/or assigns that there are certain inherent risks and dangers in physical exercise.

You understand that the Lumin Fitness experience may involve bright lights, moving images, and music that could cause imbalance or distraction. These risks vary from minor injuries (scratches, bruises, sprains) to major injuries (eye injury, joint or back injuries, heart attacks, concussions) to catastrophic injuries (paralysis, death), and cannot be eliminated regardless of care taken.

At all times, you must comply with all stated and customary terms, posted safety signs, rules, and verbal instructions provided via in-ear audio or by any Lumin Fitness team member. You affirm that you are in good physical condition and have no known disability or condition that would prevent your participation. You understand it is recommended that you consult a physician before beginning any exercise program or making significant changes to your physical activity level. If you choose not to obtain such clearance, you do so at your own risk.

RELEASE AND INDEMNIFICATION
‍In consideration of being allowed to participate in and access Lumin Fitness:

1. You assume full responsibility for any and all injuries or damage sustained or aggravated by you in connection with Lumin Fitness activities.

2. You release, indemnify, and hold harmless Lumin Fitness, its direct and indirect parent, subsidiary, and affiliate entities, and each of their respective officers, directors, members, employees, representatives, and agents, as well as each of their successors and assigns, and the host facility, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to your participation or use of Lumin Fitness equipment and technology.

3. You specifically release Lumin Fitness from any injury, damage, or loss arising from your use of equipment, facilities, or services provided by the host facility outside of the Lumin Fitness experience.

4. You represent that you:
(a) have no medical or physical condition that would prevent you from properly using Lumin Fitness equipment and technology;
(b) do not have a condition that would put you in physical or medical danger;
(c) have not been instructed by a physician to refrain from physical exercise.

You acknowledge that if you have any chronic disabilities or conditions, you are at risk when using Lumin Fitness equipment and technology and should not be participating in any Lumin Fitness activities.

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