PROFESSIONAL ADVICE DISCLAIMER & HEALTH WAIVER

Athletes’ Performance, Inc. (including its affiliates, “Exos”) offers both digital and in-person health, wellness and fitness content, programs and activities that are designed for educational, informational, and entertainment purposes only (such services and information provided thereby, the “Services”). By agreeing to this disclaimer and health waiver (“Disclaimer”), you acknowledge and agree that (i) you will only use the Services for those purposes, (ii) your use of the Services is voluntary and solely at your own risk, and (iii) Exos and your employer or any other person sponsoring your participation in the Services is not responsible for any use or misuse of such Services on your part.

Consult Your Physician. 

• Exos recommends that you consult with a qualified, board licensed physician (a “Licensed Physician”) before (i) using the Services, (ii) combining the Services with any other educational, entertainment and/or healthcare programs, guidelines, or protocols or (iii) beginning a new fitness program that integrates, in whole or in part, any of the Services.
• You acknowledge and agree that Exos has expressly recommended that you consult with a Licensed Physician prior to using the Services in any way. You further acknowledge and agree that the Services should not be relied upon as a substitute for professional medical advice, diagnosis or treatment. If you have any questions or concerns about your health, or about the specific risks associated with using the Services in any way, you should consult a Licensed Physician or healthcare professional.

Exos Does Not Provide Medical Advice. 

• You acknowledge and agree that nothing provided to you by Exos, whether contained within the Services or provided to you by Exos in some other way, is intended to be the practice of medicine or counseling care. For the purposes of this Disclaimer, the practice of medicine and counseling care includes, without limitation, psychiatry, psychology, psychotherapy, physical health care treatment, instructions, diagnoses of disease, identification of risk factors for disease or any medically defined ailment and any miscellaneous medical and/or mental health care advice not listed above.
• You also acknowledge and agree that Exos continually develops and evolves its Services, and as such, no specific warranty, implied or express, relating to the practice of medicine and counseling care is provided to you under this Disclaimer. Accordingly, you also acknowledge and agree that developments in medicine and counseling care may impact the way you should use the Services provided to you by Exos, and that Exos has not provided you any assurance that the Services will always include the most recent or accurate findings, developments, research and/or advice. 

Your Consent to the Exos Terms of Service. You acknowledge and agree that (i) the Exos Terms of Service (“TOS”) are incorporated by reference herein and (ii) such TOS will apply to every instance in which you use the Services.

Medical Disclaimer. In order to obtain authorization from Exos to use the Services you acknowledge and agree that either:

• Your Licensed Physician has expressly approved your use of the Services; or
• That all of the following statements are true:
• No physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;
• You have never felt chest pain when engaging in physical activity;
• You have not experienced chest pain when not engaged in physical activity at any time within the past month;
• You have never lost your balance because of dizziness and you have never lost consciousness as a result of exertion;
• You do not have a bone or joint problem that could be made worse by a change in your physical activity;
• You do not have a history of high blood pressure nor are you currently taking any prescription drugs for blood pressure or a heart condition;
• You have not had a heart attack, heart surgery, cardiac catheterization or coronary angioplasty, a pacemaker/implantable cardiac defibrillator/rhythm disturbance, heart valve disease, heart failure, heart transplantation, congenital heart disease, diabetes and/or renal disease; and
• You do not know of any other reason you should not exercise.

Health Waiver. You acknowledge and expressly agree that your use of the Services or engaging in any activities incidental thereto, naturally involves the risk of injury. You further acknowledge and agree that such risk of injury to you is inherent in physical activity and the use of the Services or engaging in any activities incidental thereto, and such risk of injury can range from minor injuries to major injuries, including death. You further acknowledge and agree that in consideration of your use of the Services or in any activities incidental thereto, you voluntarily accept unqualified responsibility and liability for any and all risk of injury, illness, including the contraction of COVID-19 and other infectious diseases, death, loss or damage arising out of or related to the use of the Services or engaging in any activities incidental thereto. Finally, you agree to hold Exos and your employer or any other person sponsoring your participation in the Services, and each of their respective affiliated companies, subsidiaries, parents, as well as their respective officers, directors, shareholders, employees, managers, members, agents, contractors and content providers, and all successors and assigns of such persons (collectively, “Released Parties”) harmless for any injury or loss caused by any present or future medical condition or disorder, whether known or unknown, personal, bodily, or mental illness, disability, death, economic loss, or any damage to or by you, including, without limitation, the contraction of COVID-19 and other infectious diseases, resulting from the negligent conduct or omission(s) of any of the Released Parties, or anyone acting on their behalf, whether or not related to the Services. By participating in any Services or engaging in any activities incidental thereto, you are representing and warranting that (1) you have a safe physical space in which to exercise; and (2) you have a phone or companion nearby that can be used to summon medical assistance in case of a medical emergency. 

You further acknowledge and agree that to the fullest extent permitted by law, you hereby fully and forever RELEASE, WAIVE AND DISCHARGE FROM LIABILITY THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, INJURIES, DAMAGES, ACTIONS, OR CAUSES OF ACTION (“CLAIMS”) RELATED TO THE USE OF THE SERVICES AND/OR OR ENGAGING IN ANY ACTIVITIES INCIDENTAL THERETO AGAINST RELEASED PARTIES, AND HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES AGAINST ANY SUCH CLAIMS.