Waiver and Release of Liability and Indemnity Agreement. You (Member and all guests) agree that if you engage in any physical exercise or activity or use any MTC facility on the premises, you do so at your own risk and assume the risk of any and all injury and/or damage. Your assumption of risk includes, without limitation, your use of any exercise equipment (mechanical or otherwise), the locker room, sidewalk, parking lot, or any equipment in MTC facility. Member agrees to assume the risk in his or her participation in any activity, class, program, instruction, or L10F/MTC-sponsored event. You agree that you are voluntarily participating in the aforementioned activities and using MTC facilities and premises and assume all risk of injury, illness, damage, or loss to you or your property that might result, including, without limitation, any loss or theft of any personal property. Member agrees that L10F/MTC has no liability for personal effects lost due to theft/loss. You agree on behalf of yourself (and all your personal representatives, heirs, executors, administrators, agents, and assigns) to forever release and discharge L10F/MTC and our affiliates, employees, agents, representatives, successors, and assigns from any and all claims or causes of action (known or unknown) arising out of your use of any portion of the facility. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) your use of any exercise equipment or facilities which may malfunction or break, (b) improper maintenance of any exercise equipment or facilities, (c) negligent instruction or supervision, including personal training, and (d) slipping and falling while in the facility or any portion of the premises for any reason, including L10F/MTC’s negligent inspection or maintenance of its facility. By execution of this agreement, you hereby agree to indemnify and hold harmless L10F/MTC from any loss, liability, damage, or cost (including attorney fees) L10F/MTC may incur due to your presence at MTC facility. Should any action or arbitration be instituted by any of the parties hereto in any court of law or equity, or any arbitrator, pertaining to the enforcement or breach of any of the provisions of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party, in addition to any judgment or decree rendered therein, all court costs and reasonable attorneys’ fees and expenses. You further expressly agree that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. You acknowledge that MTC is designed to and does offer a service to its members encompassing the entire fitness spectrum. You acknowledge and agree that MTC does not place such items into the stream of commerce. This provision shall survive termination of the agreement. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. YOU ARE AWARE AND AGREE THAT BY EXECUTING THIS WAIVER AND RELEASE, YOU ARE GIVING UP YOUR RIGHT TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST MTC FOR ITS NEGLIGENCE, OR FOR ANY DEFECTIVE PRODUCT ON ITS PREMISES. YOU HAVE READ AND VOLUNTARILY SIGNED THE WAIVER AND RELEASE AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. YOU AGREE, FOR YOURSELF AND YOUR SUCCESSORS, HEIRS AND ASSIGNS, THAT THE ABOVE REPRESENTATIONS ARE CONTRACTUALLY BINDING AND ARE NOT MERE RECITALS AND THAT SHOULD YOU OR YOUR SUCCESSORS ASSERT ANY CLAIM IN CONTRAVENTION OF THIS AGREEMENT, THE ASSERTING PARTY SHALL BE LIABLE FOR THE EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) INCURRED BY THE OTHER PARTY OR PARTIES IN DEFENDING AGAINST ANY SUCH ACTION.