RELEASE AND WAIVER OF LIABILITY

This Release and Waiver of Liability Agreement (“Agreement”) is entered into by and between RNT, LLC, an Ohio limited liability company, d/b/a Eleven Fitness Club, whose address is 1 W 4th St., Cincinnati, OH 45202, (“Company”) and the undersigned individual (“Participant”). Collectively, the Company and the Participant may be referred to as the “Parties.” For purposes of this Agreement, the Company’s facility, including all fitness equipment, training areas, locker rooms, and any related amenities, shall be referred to as the “Fitness Center.”

In consideration for being provided the ability to use the Fitness Center, the Participant hereby stipulates and agrees:

1. Agreement to Follow Instruction. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by the Company, or the employees, representatives, or agents of the Company.

2. Assumption of Risk. I voluntarily and freely assume all risks and dangers that may occur pursuant to my participation in the use of the Fitness Center, including the risk of injury, death, or property damage, even if caused by negligence of the Company.

3. Release from Liability. I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully discharge and release the Company and its affiliates, and their respective agents, operators, managers, employees, and representatives (the “Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction, attributable or relating in any manner to my use of the Fitness Center, whether caused by the negligence of the Company or any of the Released Parties or by any other reason. I acknowledge and agree that this release and waiver of liability is intended to be, and is, a complete release, as much as allowed by law, of any responsibility of the Released Parties for all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me while using the Fitness Center.

4. Covenant Not to Sue. I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain while using the Fitness Center.

5. Indemnification. I hereby agree to defend, indemnify and hold harmless the Company and the Released Parties from and against any third-party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my use of the Fitness Center.

6. Responsibility for Personal Property. I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring to the Fitness Center, and that the Company will not be responsible for or provide any security for my property and personal belongings.

7. No Representations by Company. I accept and shall use the Fitness Center, in its “AS IS” condition. I acknowledge and agree that I am not relying upon any representation or statement by the Company or the Company’s employees, agents, sponsors, or representatives regarding this Agreement, except to the extent such representations are expressly set forth in this Agreement.

8. Miscellaneous. (a) Governing Law and Venue. This Agreement will be governed by and interpreted in accordance with the laws of the State of Ohio, without giving effect to the principles of conflicts of law of such state. I agree that any action arising out of this Agreement must be brought exclusively in any state or federal court located in Hamilton County, Ohio. (b) Waiver. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving party. (c) Survival. Any provision of this Agreement providing for performance by either party after termination of this Agreement shall survive such termination and shall continue to be effective and enforceable. (d) Compliance with Laws. In the performance of the terms of this Agreement and use of the Fitness Center, the Parties shall comply with all applicable federal, state, regional and local laws, rules and regulations. (e) Severability. If any provision or portion of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect. (f) Entire Agreement; Modification; Binding Effect. This Agreement is the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this Agreement shall be valid unless in writing and signed by authorized representatives of the Parties. This Agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the Parties.

I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND I AM GIVING UP SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.