WAIVER AND RELEASE OF ALL CLAIMS BY ATTENDEE The ATTENDEE acknowledges that any program of fitness exercise involves the possibility of serious risk of injury. The ATTENDEE declares him/herself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent his/her participation in these activities or use of equipment. The ATTENDEE represents that he/she has had a physical examination and has been given their physician's permission to participate or that ATTENDEE has decided to participate in the exercise activities programs, and use of equipment without the approval of his/her physician and does hereby assume all responsibility for his/her participation in said activities, programs, and use of equipment. For and in consideration of being allowed to participate in the exercise fitness training activities and programs of SMARTEX FITNESS, INC. and to use its equipment and services, in addition to the payment of any fee or charge, ATTENDEE agrees: that any exercise program shall be undertaken by ATTENDEE at his/her sole risk; and that ATTENDEE shall not hold SMARTEX FITNESS, INC., and its officers, agents, employees, representatives (to include all staff and employees of TONE & CONDITION, INC., KIDINI KIDS, and KOBU POWER), executors and all others acting on their behalf liable for any claims or causes of action whatsoever arising out of or connected with the services of SMARTEX FITNESS, INC.; and that ATTENDEE hereby releases and discharges SMARTEX FITNESS, INC., and its officers, agents, employees, representatives (to include all staff and employees of TONE & CONDITION, INC., KIDINI KIDS, and KOBU POWER), executors and all others acting on their behalf from all such claims or actions; and that ATTENDEE also agrees not to claim the enforceability of this agreement. By clicking on the button below you, the attendee, agree to the waiver and release of all claims: