EMAC WAIVER OF LIABILITY

This Agreement is entered into between East Memphis Athletic Club ("EMAC") and the undersigned (“Client”).

Client acknowledges the existence of the possibility of accidental injury or other physical injury or damage, and that there are inherit risks involved in connection with the use of the facilities, equipment, or participation in any programs, classes, and/or activities provided by EMAC, including the possible exposure to contagions, viruses, or other public health hazards associated with the use of shared public spaces.

Client specifically assumes such risks and accepts sole responsibility for any personal injury or health issues, and accepts responsibility for damage to property incurred by the Client and his or her dependents and/or guests in the course of such use, and participation in any classes or activities provided by EMAC.

Client does hereby release and forever discharge EMAC, its agent, employees, and any other persons, firms, organizations and/or corporations, directors, officers and agents of and from any and all claims, demands, losses, damages, actions, cause of actions or suits at law or equity of whatsoever kind or nature which the Client might sustain as the result of the use of the facility or any equipment and/or participation by the Member in any programs provided by EMAC, while at any EMAC facility, or while using any of the amenities or participating in any programs provided by EMAC at any offsite or virtual location.

Client further specifically agrees to indemnify, defend, and hold harmless EMAC, from any and all damages, costs, expenses, attorney’s fees, judgments or awards incurred or sustained by EMAC associated with the defense and/or settlement of any actions, suit or proceeding to which EMAC is a party and growing out of the negligence or misconduct of any Client, dependent and/or guest.

EMAC will not be held responsible for the loss of valuables of the Client, and/or any Guest or Dependent of the Client sustained while upon the premises or at any EMAC sponsored offsite event or activity.

Client agrees to pay for any and all damage to EMAC property caused by negligence of the Client, Dependent, or Sponsored Guest.