RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK 

The Member named below (referred to as “I” or “me”) desires to participate in the activity of Treadmill Running (hereinafter referred to as the "Activities") provided by GRIT Running Center, located at 2515 Morse Street, Houston, Texas 77019 (the "Company"). The Member listed on this membership agreement warrants that he/she/they/them is in good physical condition and has no disability, impairment, or ailment that would be adversely affected by participation in an active or passive physical conditioning program, whether supervised or unsupervised, or by use of GRIT Running Center’s facilities, equipment, or services. 

In consideration of being permitted by the Company to participate in the Activities and recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this instrument (this "Release"). 

I. Agreement to Follow Directions 

I hereby agree to observe and obey all posted rules and warnings at GRIT Running Center. Furthermore, I agree to follow any oral instructions or directions provided by the Company, its employees, representatives, or agents. 

Saturday Long Run Event 

I understand that by choosing to participate in the Company’s monthly Saturday long-run event, I acknowledge and assume sole responsibility for my own personal safety, physical health, and overall well-being. It is my responsibility to adhere to all relevant regulations, guidelines, and recommendations concerning public health and safety while running outside. 

GRIT Running Center reserves the right to terminate or remove any member who fails to adhere to the Company’s rules and regulations. 

II. Assumption of the Risks and Release 

Physical Touch 

In recognition of the specific risks associated with physical contact during the Activities at GRIT Running Center, I hereby acknowledge and agree that certain activities may require physical touch by instructors and trainers, including but not limited to, correction of movements and form adjustments, safety interventions, or assistance with equipment. I understand that this contact is intended to ensure my safety, improve the effectiveness of my form and movements, or assist in Page 2 of 5 

the case of an emergency. I agree to release and hold harmless GRIT Running Center and its employees, agents, and representatives from any and all claims, demands, suits, costs, charges, or expenses arising from or related to the physical contact, except where such claims arise from the gross negligence or willful misconduct of the Company or its agents. This consent to physical touch is given with full acknowledgment of its nature and potential during my participation in the Activities and forms part of the broader agreement and release contained herein. 

Activities and Equipment 

I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES AND USE OF THE COMPANY’S EQUIPMENT ARE UNDERTAKEN AT MY SOLE RISK. ADDITIONALLY, I AGREE THAT THE ACTIVITIES AND USE OF THE COMPANY’S EQUIPMENT ARE POTENTIALLY DANGEROUS AND INVOLVE THE RISK OF PERSONAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. 

NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES AND THE USE OF THE COMPANY’S EQUIPMENT WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE. 

I AGREE AND ACKNOWLEDGE THAT GRIT RUNNING CENTER DOES NOT MANUFACTURE THE EXERCISE EQUIPMENT USED IN ITS FACILITY BUT RATHER PURCHASES AND/OR LEASES THAT EQUIPMENT FROM OTHERS. 

I HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE COMPANY, AND ITS OFFICERS, DIRECTORS, MANAGER(S), EMPLOYEES, AGENTS, AFFILIATES, SHAREHOLDERS/MEMBERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "RELEASEES"), ON ACCOUNT OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO THE CONDITION OF THE EQUIPMENT OR ATTRIBUTABLE TO MY PARTICIPATION IN THE ACTIVITIES, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF THE COMPANY OR ANY RELEASEES OR OTHERWISE. I COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE THE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS. THIS WAIVER AND RELEASE DOES NOT EXTEND TO CLAIMS FOR GROSS NEGLIGENCE, WILLFUL

MISCONDUCT, OR ANY OTHER LIABILITIES THAT TEXAS LAW DOES NOT PERMIT TO BE RELEASED BY AGREEMENT. 

III. Indemnification 

I SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS GRIT RUNNING CENTER AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEY FEES, FEES, THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS RELEASE, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, ARISING OUT OF OR RESULTING FROM ANY CLAIM OF A THIRD PARTY RELATED TO MY PARTICIPATION IN THE ACTIVITIES AND USE OF THE COMPNAY’S EQUIPMENT, INCLUDING ANY CLAIM RELATED TO MY OWN NEGLIGENCE OR THE ORDINARY NEGLIGENCE OF THE COMPANY. 

IV. Medical Treatment 

I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activities and use of equipment. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company and all other Releasees from any claim based on such treatment or other medical services. 

V. Fees 

I acknowledge and agree that I am responsible for compensating GRIT Running Center for any damages resulting from my negligent, reckless, or willful actions as well as those caused by any of my guest member(s). 

VI. Photography/Video Release 

In consideration of my participation in the Activities at GRIT Running Center, I hereby grant the Company, its representatives, employees, or agents the right to take photographs and video recordings of me and my participation in the Activities. I authorize the Company to use and publish the same in print and/or electronically. I agree that the Company may use such photographs and video recordings of me with or without my name and for any lawful purpose, including but not limited to publicity, illustration, advertising, promotion, sale of product, social platforms, and Web content, without any type of financial compensation to me. I further acknowledge and agree that my participation is voluntary. I acknowledge and agree that publication of said photos and video recordings confers no rights of ownership or royalties whatsoever. I hereby release the Company, its contractors, its employees, and any third parties involved in the creation or publication of marketing materials, from liability for any claims by me or any third party in connection with my participation.

By agreeing to the terms herein, GRIT Running Center will be allowed to use all and any photographs and/or video recordings made during my participation in the Activities for its future advertising endeavors. 

VII. Release 

This Release constitutes the sole and entire agreement of GRIT Running Center and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release or the application thereof to any party or circumstance is held invalid, illegal, or unenforceable to any extent in any jurisdiction, then the remaining terms and provisions of this Release and their application to other parties or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. This Release is binding on and shall inure to the benefit of the Company and me and our respective heirs, successors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Texas, excluding any conflict-of-laws rule or principle that might refer the governance or the construction of this agreement to the laws of another jurisdiction. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Harris, Texas and I hereby consent to the exclusive jurisdiction of such courts.