USE OF FORTY NINERS M6 FIT FACILITIES

WAIVER AND RELEASE – ASSUMPTION OF RISK.

Using the Forty Niners M6 Fit, LLC ("49ers Fit") facilities involves the risk of injury to you or your guest, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. The undersigned Member/Guest hereby acknowledges that use of a public facility such as a gym by Member/Guest may increase the risk of transmission of a highly communicable disease, such as COVID-19. Member/Guest agrees to use additional precautions and to comply with any and all social distancing policies that may apply to avoid spreading or getting any highly communicable disease such as COVID-19.

In consideration of your use of the 49ers Fit facilities and your participation in the activities offered by, 49ers Fit you understand and voluntarily accept all such risks, both known and unknown, and agree on behalf of yourself (and your personal representatives, heirs, executors, spouse, administrators, agents, assigns or others) to release and discharge 49ers Fit its officers, directors, employees, volunteers, agents, affiliates and independent contractors for any injury, including, without limitation, personal, bodily, or mental injury, economic loss or theft of any personal property or any damage (“Damages”) to you, your spouse, guests, unborn child, or relatives resulting from the negligence of 49ers Fit or anyone on 49ers Fit’s behalf or anyone using the facilities whether related to exercise or not, except such Damages which result from the willful misconduct or gross negligence of 49ers Fit (and its affiliates, employees, agents, representatives, successor and assigns).

Further, you understand and acknowledge that 49ers Fit does not manufacture fitness or other equipment at its facilities, but purchases and/or leases equipment. You understand and acknowledge that 49ers Fit is providing recreational services and may not be held liable for defective products.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY.

Indemnity. You agree to indemnify 49ers Fit, its affiliates, officers, directors, managers, employees, volunteers, agents and independent contractors against any and all liability incurred by Member/Guest during his or her use of any and all 49ers Fit facilities and Damages resulting from Member/Guest’s use of any and all 49ers Fit facilities except to the extent such Damages result from the willful misconduct or gross negligence of 49ers Fit, its affiliates, agents or employees.

Health Warranty. You represent that you are in good health and have no disability, impairment, injury, disease, known or obvious symptoms of or risk factors for a highly communicable disease (e.g. COVID-19), or ailment, preventing you from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. You agree to assume full responsibility for your use of a 49ers Fit facility and shall indemnify 49ers Fit, its affiliates, agents and employees, against any and all Damages arising out of your use of the facilities.

Medical Disclaimer. You acknowledge that 49ers Fit has made no claims as to medical results that can or may be obtained through use of any 49ers Fit facility and cannot and does not warrant that such facility is free from communicable diseases. 49ers Fit has neither suggested nor will it suggest any medical treatment to Members and Guests at its facilities. Only licensed medical professionals are qualified to give medical advice. You represent that there is no medical or physical condition that would preclude you from the use of 49ers Fit’s facilities and you further represent that you have not been instructed by any physician not to use 49ers Fit’s facility or any similar facility.

Governing Law. This Agreement shall be interpreted under the laws of the State of California. By checking this box, you acknowledge and agree that you have read the foregoing and you agree to all terms herein.

NOTICE OF LICENSE FOR FORTY NINERS M6 FIT. NEITHER FORTY NINERS FOOTBALL COMPANY LLC (“LICENSOR”) NOR ANY RELATED CORPORATION IS THE OWNER OF THIS FACILITY AND FITNESS CENTER OPERATION. FORTY NINERS M6 FIT IS THE OWNER OF THIS FACILITY AND FITNESS CENTER OPERATION AND HAS BEEN LICENSED BY LICENSOR TO USE THE SAN FRANCISCO 49ERS MARKS IN CONNECTION WITH ITS OPERATION. NEITHER LICENSOR, NOR ANY RELATED CORPORATION IS CONTRACTUALLY OR OTHERWISE LIABLE TO YOU AS FORTY NINERS M6 FIT IS SOLELY LIABLE FOR THE DEBTS AND OBLIGATIONS OF THIS FACILITY AND FITNESS CENTER OPERATION.