Waiver

I hereby request the opportunity to participate in a nutrition and exercise program consisting of physical exercise designed to improve cardiovascular efficiency, improve flexibility and develop muscular strength and endurance. I hereby acknowledge that my participation in such program is entirely voluntary on my part, and is solely for my own pleasure and bene!t. I further acknowledge that my participation in such program is not a condition or requirement by Indigo Vybe Inc. I will be taught how to properly operate all equipment necessary for my participation. I realize that the physical fitness equipment provided or made available to me can be potentially dangerous and entails certain known and unanticipated risks that could result in injury, death or damage to me, to my property, or to other third parties. I agree to ask for assistance from the fitness staff if I am unsure of the proper operation of any equipment. Additionally, I agree to immediately cease using any malfunctioning equipment and report to the fitness staff regarding any equipment in need of repair. It is possible that certain unhealthy changes may occur during exercise or any related diet program, which include, but are not limited to, dizziness, fainting, abnormal heart rhythms, and in rare instances, heart attacks. I am aware that this fitness program entails risks and the possibility of injury to me and/o rthird parties, and I voluntarily elect to participate in spite of the risks. In consideration of being allowed to parcipate in the fitness program, I agree to accept and assume all responsibility and risk for injury, death or damage to myself, my property, other third parties and/or their property arising from or related to my participation in this fitness program. I have truthfully answered all questions on the Physical Activity Readiness Questionnaire (Par-Q) provided by Indigo Vybe Inc. Medical and physical fitness information, other than images discussed below, obtained through this fitness program by Indigo Vybe Inc. will be kept confidential. I hereby grant permission, however, to Indigo Vybe Inc. to use images releasing my before and after fitness program appearance for the marketng of physical training/fitness services by Indigo Vybe Inc. I understand and agree that such images could appear as part of a Indigo Vybe Inc. online display or in Indigo Vybe Inc. printed markeng/promotional materials, including, but not limited to, brochures, coupons and flyers. Any such exploitaon of my name and image, as the same may be edited, adapted, cut or otherwise revised, will not entitle me to receive any wages, benefits, fees, compensation or other consideration whatsoever. In other words, I understand that I will not receive any money or other

material benefits for giving Indigo Vybe Inc. these rights or for signing this agreement. I warrant that I have full authority to enter into this Consent & Release, and that an authorized parent or guardian has also consented to the terms of this agreement by his/her signature below if I am under the age of 18. The consent of no other person or entry is necessary in order to consent to the terms of this fitness program and image release authorization. I waive any claim and release Indigo Vybe Inc. its employees and agents (as a group and as individuals), from any and all liability, damages, losses, costs, expenses or fees, including, without limitations, any personal injury, death or property damage to myself or third parties, which may, directly or indirectly, arise from or be sustained by reason of my participation in this fitness, nutrition program and image authorization, even if caused by the negligence or intentional act of Indigo Vybe Inc. its employees or agents. I agree to defend, indemnify and hold harmless Indigo Vybe Inc. its employees and agents, and each of them, from and against any and all claims, actions, lawsuits liabilities, damages, losses, costs, expenses and fees arising from or related to (a) my participation in this fitness and nutrition program; (b) the use of my name and image for Indigo Vybe Inc. marketing/promotional purposes; (c) any of my acts or statements relating to or in connection with the Par-Q, my diet or this fitness program; and (d) any breach of my representations and agreements herein. I expressly agree that the foregoing Consent and Release, including all waiver and indemnification provisions, is intended to be as broad and inclusive as is permitted by the law of the State of Missouri and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full force and effect. I have read this Fitness and Nutrition Program participation and Image Consent & Release, and agree that no oral representations, statements or inducement apart from the foregoing written agreement have been made or relied upon for execution of this document below.