Assumption of Risk and Waiver of Liability Agreement

PLEASE READ CAREFULLY – THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS

This is a legal document and if you are unsure of its purpose of consequences or do not understand it you should seek independent legal advice or assistance before signing it.

In consideration for TH7 allowing me use the Equipment and/or participate in the Protocols, I the undersigned acknowledge and agree that:

Definitions

1. In this agreement:

Equipment means any equipment owned, operated or utilised by TH7, which may include (without limitation) traditional saunas, steam rooms, infrared saunas, cold pools, hot pools, compression garments, cryogenic chambers, hyperbaric oxygen chambers, theraguns, float tanks, red light therapy or other equipment;Protocols means any protocol offered by TH7 which may utilise any equipment;

TH7 means TH7 Body Labs Pty Ltd and any “associated entity” or “related entity” of TH7 Body Labs Pty Ltd as those terms are understood under Sections 9 and 50AAA of the Corporations Acts 2001 (Cth).

Acknowledgement of Risks

2. I am aware that the use of the Equipment and/or participation in the Protocols will include exposure to extreme and suddenly changing conditions, environments, equipment, facilities and surroundings. This may include (without limitation) cold temperatures, hot temperatures, confined spaces, wet areas and pools, infrared waves, changes in oxygen levels, the application of pressure to my body and/or restrictions on my normal movement.

3. I have read and understand the Risk Warning above and am aware of the dangers, risks and hazards associated with my use of the Equipment and/or participation in the Protocols. These risks include any manner of personal injury or illness ranging from minor to catastrophic including (without limitation) pain, headaches, irritation, bleeding, fainting, infection, anxiety, virus, disease, low blood pressure, high blood pressure, breathing difficulties, dehydration, dizziness, muscle tears, strains, musculoskeletal injuries, sprains, fractures, broken bones, seizures, heart attacks, strokes, aneurisms, drowning, permanent disability, death as well as other physical or mental incapacity.

4. I acknowledge that the use of the Equipment and/or participation in the Protocols is being undertaken for the purposes of recreation, enjoyment or leisure, and involves a significant degree of risk of physical and mental harm as well as the materialisation of obvious risks.

5. I acknowledge that the use of the Equipment and/or participation in the Protocols may be undertaken with one or more other persons as part of a group and that TH7 is not liable for the actions of any other participants or third parties.

6. I am freely and voluntarily assuming any and all dangers, risks and hazards associated with my use of the Equipment and/or participation in the Protocols and further acknowledge that I agree to do so entirely at my own risk.

Participants Health, Fitness and Physical Abilities

7. TH7 has not made, nor will make any assessment of my level of health, fitness or personal abilities to participate in the Protocols. I am solely responsible for ensuring that I have an appropriate level of health, fitness, physical skills and personal ability to use the Equipment and/or participate in the Protocols.

8. I am aware that TH7 strongly recommends that any person who has any medical condition or pregnancy or other impairment or condition whatsoever which may affect the person’s capacity to safely use the Equipment and/or participate in the Protocols refrain from using the Equipment and/or particpating in the Protocols.

9. I am aware that TH7 strongly recommends that all persons consult a suitably qualified medical professional prior to using the Equipment and/or participating in the Protocols.

10. I confirm that I have no medical conditions or impairments (physical, mental or otherwise) which may affect the safety of myself or others using the Equipment and/or participating in the Protocols.

11. In the event that I am in difficulty during my use of the Equipment and/or participation in the Protocols, I will immediately stop my use of the Equipment and/or participation in the Protocols and seek help, assistance and advice.

Compliance with Directions and Rules

12. I acknowledge and agree that I must comply with all lawful and reasonable directions of TH7 whether oral or written (including, without limitation, any directions and rules identified on signs). This includes any unsolicited activities other than the intended use of each piece of equipment at TH7. I acknowledge and agree not to participate in any illegal, sexual or disrespectful activity at TH7 - BodyLabs.

Waiver of Claim

13. I will not hold TH7 liable for any loss (including financial loss), damage, personal injury (including physical and mental injury or incapacity), death or property damaged, however caused, arising from or in connection with my use of the Equipment and/or Participation in the Protocols.

Indemnity

14. To the maximum extent permitted by law, I hereby release and indemnify TH7 from any and all liability, costs (including, without limitation, legal costs), claims, damages, demands, and actions arising out of any incident that is in any way connected with my use of the Equipment and/or Participation in the Protocols, including (without limitation) any such claim, damage, demand or action that may be brought by me, my dependants, heirs, executors or administrators, except such incidents caused by the unlawful or grossly negligent acts of TH7.

Release

15. I understand by signing this agreement I will be forever precluded from suing or otherwise claiming against TH7 for any loss, damage, personal injury (including physical and mental injury or incapacity), death or property damage that I may sustain through my use of the Equipment or participation in the Protocols.

Entire Agreement and Severability

16. In entering into this agreement, I am not relying upon any oral or written representations or statements made by TH7 about the risks associated with the use of the Equipment and/or participation in the Protocols other than what is set forth in this agreement.

17. If any provision of this agreement is held to be invalid or unenforceable, the remainder of this agreement will not be affected, and it will in other respects continue to be effective and enforceable. If such invalidity or unenforceability is subsequently released or changed so it is no longer in conflict with the law, the provision will return to full force and effect.

Successors and Assigns

18. This agreement will be for the benefit of and be binding on myself and TH7 and their respective successors and permitted assigns.