10 Squared Membership Agreement & Booking

MEMBERSHIP AGREEMENT HERE

The individual named below (referred to as “I” or “me”) desires to use the facilities and participate in the training program and associated activities (the “Program”) provided by 10 Squared LLC (“10 Squared”).
The Program includes participation remotely through a software application, and in person, at 2307
Thornton Rd, Austin TX 78704 (the “Facility”). As a condition of my participation in the Program, , I agree
to all the terms and conditions set forth in this waiver, agreement and release of liability (“Waiver”).
Program Risks
Exercise Risk; Exercise Testing: I understand that participation in the Program, including the exercise,
training and use of fitness equipment, are potentially hazardous activities and that exercise, by its very
nature, carries with it certain inherent risks. I understand these activities involve risks of injury, of
aggravation of pre-existing conditions, of disability, harm, and in the most severe and extreme situations,
even death. I acknowledge that the impact of exercise on the body cannot be predicted with complete
accuracy and that injuries may occur during or following Program and associated exercise that could lead
to these complications and adversely affect my health.
I acknowledge that the Program may involve performance of maximal exercise capacity testing at the
Facility or elsewhere. An exercise test is traditionally performed on a treadmill, bicycle or other apparatus
while connected to a system capable of analyzing ventilation and other parameters. I understand that during
this process, my heart rate will be monitored. I acknowledge that maximal exercise testing will be offered
as a component of the Program, either at the Facility, or conducted by a provider at an alternate location.
I understand and acknowledge that exercise testing may cause some physical discomfort and that risks
associated with such testing include, but are not limited to, fatigue, muscle soreness, shortness of breath,
cramping, abnormal blood pressure, irregular heartbeat, stroke, chest pain and sudden cardiac events. The
risks associated with an exercise test are analogous to those which may occur during strenuous athletic
participation. Although extremely rare, there is a risk of serious injury or death. I understand that upon
completion of exercise testing I may experience temporary muscle aches and joint pain.
While I acknowledge that exercise testing, when performed at the Facility, may be performed by licensed
and unlicensed individuals, I understand and acknowledge that the exercise testing is not, nor shall be
considered, the diagnosis, care or treatment of any disease or condition. Performance of exercise testing by
a licensed individual at the Facility does not create any practitioner-patient relationship. I acknowledge that
neither 10 Squared nor its owners, employees or contractors provide or perform any medical services,
treatment or care.
Virus Risk: I understand the contagious nature of certain viruses and diseases, such as influenza and
coronavirus disease (COVID), and the risk that I may be exposed to or contract such viruses/diseases by
engaging in the Program in-person, which may result in serious illness, personal injury, disability, death,
or property damage.
Use of Equipment: I understand and acknowledge that 10 Squared does not manufacture any of the fitness
or other equipment at the Facility but instead purchases and/or leases equipment from third-parties. As such,
I understand and acknowledge that 10 Squared may not be held liable and will not seek to hold 10 Squared
liable for defective products and/or equipment.
Medical Fitness
I have read and acknowledge having been informed of the following warning and notification: “If you are
currently under a physician’s care for an injury, condition or illness, 10 Squared strongly urges you to
consult your physician for appropriate medical clearance before conducting any exercises, using any
equipment, or participating in the Program and associated exercise testing.” I further declare and represent
that I am physically fit, sound and suffering from no condition, impairment, disability, disease, infirmity,
or illness that should prevent my safe participation in the Program, conduct of exercise testing, including
maximal exercise testing, and the general use of any exercise equipment. I represent that I am not
experiencing symptoms of any virus or infectious disease. I represent that if I have any medical conditions
or concerns, I have consulted with my physician and have obtained clearance to participate in the Program
and undergo the maximal exercise testing. I hereby acknowledge my responsibility in communicating any
physical and psychological concerns that might conflict with my participation in Program.
Assumption of Risk
I acknowledge that the risks described in this Waiver may result from, or be compounded by, my actions,
the actions, omissions, or negligence of 10 Squared employees or others, including negligent emergency
response or rescue operations. I understand and personally and voluntarily accept and assume all risks
of injury, harm, disability, disease, death, or property damage arising from or involved in my
participation and engaging in the Program, undergoing exercise testing and the Program’s associated
activities, whether caused by the negligence of 10 Squared or otherwise.
In the event I am injured or harmed during participation in the Program or performance of any exercise
testing, I hereby consent to receive any necessary medical treatment resulting from my participation in the
Program and exercise testing and agree to bear all costs associated with such treatment, without financial
recourse against 10 Squared.
Waiver and Release of Liability
I hereby expressly waive and release, now and forever, any and all claims and causes of action, whether
known or unknown, against 10 Squared, and its members, managers, owners, officers, directors,
employees, agents, contractors, volunteers, affiliates, successors, and assigns (collectively, “Releasees”),
on account of injury, harm, disease, illness, disability, death, property damage, any medical condition of
any kind which results, any aggravation of a pre-existing medical condition that I aggravate, arising out of
or attributable to my participation in the Program (including exercise testing), and any and all other damages
or injuries which I sustain in any way from the direct or indirect result of my participation in the Program
(collectively “Injuries”), regardless of whether or not such Injuries are caused in whole or in part by the
negligence of Releasees or otherwise; except that this Waiver does not extend to liabilities that applicable
law does not permit to be released by agreement. I covenant not to make or bring any claim released by
this paragraph against Releasees, and forever release and discharge Releasees from liability under such
claims. I further hold 10 Squared harmless from any loss to personal property which is lost or stolen while
I use, or am present at the Facility while, during, going to, or going from the Facility. IN NO EVENT
SHALL 10 SQUARED OR ITS RELEASEES BE LIABLE FOR ANY DAMAGES WHATSEOVER,
INCLUDING LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, THE FACILITY OR THIS
AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE OR ANY OTHER CONDUCT).
I understand that, through my participation in the Program, I may receive advice or advice related to
exercise or fitness from individuals who may hold professional licenses, such as medical doctors,
chiropractors and physical therapists (“Licensed Individuals”). I acknowledge and agree that any such
advice or exercise plans provided through the Program are not intended to constitute medical advice,
diagnosis, treatment or any other service that would require medical license. I further understand that any
and all services provided to me under the Program are non-medical and are not part of any licensed medical
practice. Any clinical services offered by licensed professionals and requiring a professional license will be
separately undertaken by such professionals on a separate and individual basis. 10 Squared is not
responsible for any clinical services provided by such licensed professionals.
Miscellaneous
This Waiver constitutes the sole and entire agreement of 10 Squared and me with respect to terms contained
herein and supersedes all prior and contemporaneous understandings, agreements, representations, and
warranties, both written and oral, with respect to such terms. If any term or provision of this Waiver is held
invalid, illegal, or unenforceable in any jurisdiction, then the remaining terms and provisions of this Waiver
shall not be affected and shall be enforced to the greatest extent permitted by law. This Waiver is binding
on and shall inure to the benefit of 10 Squared and me and each of our respective successors and assigns.
All matters arising out of or relating to this Waiver shall be governed by and construed in accordance with
the laws of the State of Texas, excluding any conflict-of-laws rule or principle that might refer the
governance or the construction of this Waiver to the laws of another jurisdiction. Any claim or cause of
action arising under this Waiver may be brought only in the federal and state courts located in Travis
County, Texas and I hereby consent to the exclusive jurisdiction of such courts.
Acknowledgement and Agreement
I have carefully read and reviewed, and I understand, this Waiver, have had an opportunity to ask questions
and have had all my questions answered to my satisfaction. I affirm that I have been given the opportunity
to discuss any concerns and all of my questions have been answered to my satisfaction. I represent that I
have the legal right and ability to execute this Waiver and to agree to the terms and conditions herein. I
expressly understand that this Waiver discharges the Releasees from any liability or claim that I may have
against the Releasees with respect to any Injuries that may result from my participation in the Program.