THE FOLLOWING IS A WAIVER. PLEASE READ IT BEFORE SIGNING

BY SUBMITTING THIS DOCUMENT, I UNDERSTAND AND AGREE THAT I AM LEGALLY BOUND BY ITS CONTENTS.

Because physical exercise can be strenuous and subject to risk of serious injury, Momentum Performance and Wellness urges you to obtain a physical examination from a doctor before using any exercise equipment or participating in any exercise activity. You (each member, guest, or participant) agree that if you engage in any physical exercise or activity, use Momentum Performance and Wellness amenities or access professional services of Momentum Performance and Wellness on the premises or off premises, including any sponsored event, you do so entirely at your own risk. You agree that you are voluntarily participating in the use of this facility, equipment, activity, or services and assume all risks of injury, illness or death. We are also not responsible for any loss of your personal property.

This waiver and release of liability includes, without limitation, all injuries which may occur as a result of: (a) your use of all amenities and equipment in the facility or the use of the same off-site and your participation in any activity, class, program, personal training or instruction, whether at Momentum Performance and Wellness or off-site; (b) the sudden and unforeseen malfunctioning of any equipment; and (c) your slipping and/or falling while in or on the premises, including adjacent sidewalks and parking areas, other than injuries arising solely due to our gross negligence or willful misconduct.

You acknowledge that you have carefully read this "waiver and release" and fully understand that it is a release of liability. You, for yourself and your heirs, personal representatives, successors and assigns, expressly agree to release and discharge Momentum Performance and Wellness and all affiliates, directors, members, managers, employees, agents, successors or assigns from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against momentum Performance and Wellness for negligence, personal injury or property damage, other than injuries arising solely due to our gross negligence or willful misconduct.

You, for yourself and your heirs, personal representatives, successors and assigns, agree to indemnify Momentum Performance and Wellness and to hold them harmless for any claims made against them or their affiliates, directors, members, managers, employees, agents, successors or assigns in breach of this waiver, including their costs of court and reasonable attorney's fees.

NOTE: Should any part of this agreement be found by a court of law to be against public policy or in violation of any state statute or case precedence, then only that wording is removed and the remainder of this agreement will remain in full force.

125 JOHN ROBERTS RD, SUITE 16 SOUTH PORTLAND, MAINE 04106