Legal Agreement

IMPORTANT: RELEASE AND WAIVER OF LIABILITY. YOU MUST READ THESE TERMS BEFORE USING MLEX FITNESS EQUIPMENT (the “Equipment”). THIS IS A LEGALLY BINDING CONTRACT BETWEEN YOU AND MLEX, LLC (“MLEX”) AND IT AFFECTS YOUR LEGAL RIGHTS AND LIMITS YOUR REMEDIES. By agreeing to these terms & conditions, you hereby acknowledge and agree that use of the Equipment involves inherent risks of injury to persons, described more fully below, and you assume full responsibility for such risks. Use of the Equipment requires the use of login credentials, such as a username, password, and/or personal identification number (PIN). By agreeing to these terms & conditions, you hereby swear and affirm that you have not and will not disclose your login credentials to any other person. If you lose your login credentials, or if you even suspect that your login credentials have become known to someone else, please contact MLEX so that you can be assigned new credentials.

In consideration of your use of the Equipment, you expressly agree and contract, on behalf of yourself, your heirs, executors, administrators, successors, and assigns, that MLEX and its owners, insurers, employees, offices, directors, and associates, shall not be liable for any damages arising from personal injuries (including death) or disease sustained by you and/or your minor children and/or any other person utilizing your login credentials (each a “User”) by using or touching the Equipment, regardless of whether such injuries result, in whole or in part, from the negligence of MLEX.

By agreeing to these terms, you accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to a User, and you fully and forever release and discharge MLEX, its owners, insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of, or otherwise related in any way to, the Equipment.

You expressly agree to indemnify and hold MLEX, its owners, insurers, employees, officers, directors, and associates, harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by a User, through use or possession of the Equipment.  Specifically, you (on behalf of all Users) agree to and hereby do waive any and all claims against MLEX based on, to any extent, any claimed or purported negligence of MLEX.

By agreeing to these terms, you accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur to a User, and you fully and forever release and discharge MLEX, its owners, insurers, employees, officers, directors, and associates, from any and all claims, demands, damages, rights of action, or causes of action, present or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from or arising out the use of, or otherwise related in any way to, the Equipment.

You expressly agree to indemnify and hold MLEX, its owners, insurers, employees, officers, directors, and associates, harmless against any and all claims, demands, damages, rights of action, or causes of action, of any person or entity, that may arise from injuries or damages sustained by a User, through use or possession of the Equipment.  Specifically, you (on behalf of all Users) agree to and hereby do waive any and all claims against MLEX based on, to any extent, any claimed or purported negligence of MLEX.

You agree to be solely responsible for personal safety and well-being during use of the Equipment by a User. You understand that MLEX does not provide synchronous supervision, instruction, or assistance for the use of the Equipment.

You agree to comply with all rules or instructions provided for proper use of the Equipment. You agree to conduct yourself in a controlled and reasonable manner at all times, and to refrain from using the Equipment in a manner inconsistent with its intended design and purpose.

You understand and acknowledge that the use of the Equipment involves inherent risk of serious physical injury, including the inherent risks of permanent disability and death.

You understand and agree that MLEX is not responsible for damage to, or loss of, property caused by operation of, or otherwise related in any way to, the Equipment.

You understand and agree that your use of the Equipment is only to be undertaken on your own personal time and that such use is not within the course or scope of your employment.

If you do not understand any of the terms in this contract, you are encouraged to contact a lawyer. If wish to discuss the terms as listed herein, you can call (920)-254-4061 to speak to a MLEX representative. In the event that you and MLEX reach a separate agreement, in writing and signed by you and MLEX, this agreement shall be null and void.

BY CONTINUING THE REGISTRATION PROCESS AND BY CAUSING OR ALLOWING USE OF THE EQUIPMENT WITH YOUR LOGIN CREDENTIALS, YOU ACKNOWLEDGE AND AFFIRM THAT YOU HAVE READ THE FOREGOING WAIVER AND RELEASE OF LIABILITY AND VOLUNTARILY AGREE TO THESE TERMS WITH FULL KNOWLEDGE OF THEIR CONTENT.