WAIVER, RELEASE, AND INDEMNITY AGREEMENT

For and in consideration of permitting all persons who join Gold’s Gym British Columbia facilities (collectively “The Club”) or who participate in fitness and health club activities and services available at or through The Club, which can take place inside or outside of The Club’s facilities. (collectively, the “Health Club Activities”), the member hereby assumes all risks of such activity and voluntarily releases, discharges, waives and relinquishes any and all claims or causes of action for personal injury, property damage or wrongful death occurring to himself/herself/themself arising as a result of engaging or receiving instructions in the Health Club Activities or any activities incidental thereto wherever or however the same may occur and for whatever period said activities or instruction may continue; and for himself/herself/themself, his/hers/their heirs, executors, administrators and assign does hereby agree that under no circumstances will he/she/their or his/her/their heirs, executors administrators and assigns prosecute or present any claim for personal injury, property damage or wrongful death against The Club or any officers, agents, employees or servants for any of said causes of action, whatever the same shall arise by the negligence of any of said person or otherwise. IT IS THE INTENTION OF THE PERSON BY THIS INSTRUMENT TO EXEMPT AND RELIEVE THE CLUB FROM ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE, EXCEPT WHERE THE DAMAGE IS CAUSED BY THE GROSS OR WILLFUL NEGLIGENCE OF THE STAFF WITHIN THE SCOPE OF THEIR DUTIES. The Person agrees that The Club shall not be responsible or liable to him/her/they/them, or to his/her/their guest for articles lost or stolen in The Club. The Club also shall not be responsible or liable for loss or damage to any property of any Person or any Person’s guest including automobile and contents. It is agreed that any damage to the The Club facilities or property of the Person’s guests, by any other Person or guest is the sole responsibility of the offending Person. The Person acknowledges that he/she/they has read the foregoing, has been fully and completely advised of the potential dangers incidental to engaging in the Health Club Activities and is fully aware of the legal consequences of signing this instrument.