ONLINE PRENATAL, POSTPARTUM, CORE & PELVIC FLOOR FITNESS PROGRAMS

ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT DECLARATIONS
This Agreement is entered into between Healthy Living With Ari LLC (Trainer) and the undersigned participant (“Client”) for Client’s participation in any online, on-demand, virtual, live, in-person, prenatal, postpartum, core and pelvic floor, strength, mobility, fitness, nutrition education, coaching, class, workshop, program, replay, resource, or related offering provided by Trainer, including but not limited to the Four Week Core and Pelvic Floor Program and any six-week prenatal/postpartum program (collectively, the “Program”). Client’s access to and participation in the Program are contingent upon Client’s agreement to this Waiver and Release of Liability.

PROGRAM FORMAT AND CLIENT RESPONSIBILITY
Client understands that some or all Program services may be delivered remotely, through videos, written materials, replays, live virtual sessions, email, website access, or other online platforms. Client understands that online and on-demand fitness participation does not provide the same level of individualized supervision, immediate correction, or safety monitoring as in-person training. Client is solely responsible for choosing a safe space, using appropriate equipment, following instructions carefully, modifying or stopping exercises as needed, and participating only to the extent appropriate for Client’s health, fitness level, pregnancy status, postpartum recovery, symptoms, and medical guidance.

ASSUMPTION OF RISK
Physical exercise is strenuous and Client may be subject to risk of serious injury, illness, adverse symptoms, complications, or property damage. Client understands and agrees that if Client engages in any physical exercise or activity, whether online, at home, in a gym, outdoors, in a studio, at an event, or in any other location, Client does so voluntarily and at Client’s own risk. Risks include, but are not limited to, muscle strains, joint injuries, falls, dizziness, fainting, shortness of breath, aggravation of existing conditions, pelvic floor symptoms, abdominal pressure or discomfort, diastasis recti-related symptoms, incontinence, pelvic heaviness, pain, bleeding, complications related to pregnancy or postpartum recovery, and injuries or damages arising from Client’s environment, equipment, improper use of equipment, failure to follow instructions, failure to modify, or the negligence of Trainer, whether active or passive, or any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns.

MEDICAL CLEARANCE; PRENATAL AND POSTPARTUM PARTICIPANTS
Client understands that pregnancy and postpartum recovery involve unique physical, hormonal, pelvic floor, abdominal wall, cardiovascular, musculoskeletal, and medical considerations. Client is strongly urged and expected to obtain medical clearance from Client’s physician, OB-GYN, midwife, primary care provider, pelvic floor physical therapist, or other qualified healthcare provider, as applicable, before beginning or continuing the Program. If Client is pregnant, Client represents that Client has discussed participation in exercise with a qualified healthcare provider and has not been advised to avoid or restrict exercise in a way that would make participation unsafe. If Client is postpartum, Client represents that Client has been cleared by a qualified healthcare provider to return to exercise and understands that clearance may vary based on delivery type, cesarean birth, tearing, pelvic floor symptoms, bleeding, pain, prolapse, diastasis recti, high blood pressure, preeclampsia, infection, surgery, complications, or other medical considerations.

CHANGES IN HEALTH STATUS AND WARNING SIGNS
Client agrees to stop participating immediately and consult a qualified healthcare provider before resuming if Client experiences any new, unusual, worsening, or concerning symptom or change in health status. This includes, but is not limited to, vaginal bleeding, fluid leakage, regular painful contractions, decreased fetal movement, dizziness, fainting, headache, chest pain, shortness of breath before exertion or trouble breathing, calf pain or swelling, severe abdominal or pelvic pain, unusual pelvic heaviness or pressure, worsening incontinence, pain that does not improve with modification, fever, signs of infection, heavy postpartum bleeding, symptoms after cesarean birth or pelvic injury, or any symptom that feels unsafe or not right. Client agrees to notify Trainer of any relevant restrictions or changes before participating in any live session and understands that Trainer may recommend that Client stop, modify, or seek medical guidance before continuing.

CLIENT’S HEALTH WARRANTY
Client represents that Client is at least 18 years old, is voluntarily participating in the Program, and has no disability, impairment, injury, disease, pregnancy-related condition, postpartum-related condition, medical restriction, or ailment that would prevent safe participation or increase the risk of injury or adverse health consequences from participation, except as disclosed to Trainer and/or cleared by Client’s qualified healthcare provider. Client agrees that Trainer is entitled to rely on these representations.

NO MEDICAL ADVICE; NUTRITION EDUCATION
Client understands that Trainer provides fitness coaching, movement education, general nutrition education, and wellness resources. The Program is not medical care, physical therapy, pelvic floor physical therapy, mental health care, diagnosis, treatment, or a substitute for individualized advice from Client’s physician or other qualified healthcare provider. Client agrees not to disregard medical advice or delay seeking medical care because of information provided in the Program. Any nutrition information provided is for educational purposes only and should be discussed with Client’s healthcare provider, especially during pregnancy, lactation, postpartum recovery, or when managing a medical condition.

RELEASE
Client agrees on behalf of Client and Client’s personal representatives, heirs, executors, administrators, agents, and assigns to release and discharge Trainer and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns from any and all claims or causes of action, known or unknown, arising out of or relating to Client’s participation in the Program, including claims arising out of the negligence of Trainer, whether active or passive, or the negligence of any of Trainer’s affiliates, employees, agents, representatives, successors, and assigns. This waiver and release of liability includes, without limitation, injuries or damages that may occur as a result of Client’s participation in any exercise, class, workout, replay, video, instruction, coaching, nutrition education, Program resource, use or misuse of equipment, use of Client’s home or other exercise environment, improper setup, failure to modify, failure to stop when needed, or reliance on Program materials.

CALIFORNIA CIVIL CODE SECTION 1542 WAIVER
Client understands that California Civil Code Section 1542 provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Client knowingly and voluntarily waives the protections of California Civil Code Section 1542 to the maximum extent permitted by law and understands that this release applies to both known and unknown claims.

INDEMNIFICATION
By execution of this Agreement, Client agrees to indemnify, defend, and hold harmless Trainer and Trainer’s affiliates, related entities, employees, agents, representatives, successors, and assigns from any loss, liability, damage, cost, claim, or expense, including reasonable attorneys’ fees, arising out of or relating to Client’s participation in the Program, Client’s breach of this Agreement, Client’s failure to obtain or follow medical guidance, Client’s failure to disclose relevant health information or restrictions, Client’s failure to modify or stop participation when appropriate, or Client’s use of any premises, equipment, or environment in connection with the Program.

ACKNOWLEDGMENTS
Client expressly agrees that the foregoing release, waiver, assumption of risk, and indemnity agreement is intended to be as broad and inclusive as permitted by the law in the State of California. If any portion is held invalid, the balance shall continue in full legal force and effect. Client acknowledges that Trainer may recommend or refer to exercise equipment, props, or other products, but Trainer is not the manufacturer of such equipment or products and does not place such items into the stream of commerce. This release is not intended as an attempted release of claims for gross negligence, reckless conduct, intentional acts, fraud, willful injury, or any other liability that cannot be released under California law. Client acknowledges that Client has carefully read this Waiver and Release of Liability, fully understands that it is a release of liability, express assumption of risk, and indemnity agreement, and understands that by signing or electronically accepting this Agreement, Client is voluntarily giving up the right to bring legal action or assert a claim against Trainer for ordinary negligence to the maximum extent permitted by law. Client agrees that no oral representations, statements, or inducements apart from this written Agreement have been made.

ELECTRONIC ACCEPTANCE
Client agrees that this Agreement may be accepted by handwritten signature, electronic signature, checkbox, purchase confirmation, or other electronic acceptance method. Client agrees that any electronic acceptance is intended to be Client’s signature and agreement to be bound by this Waiver and Release of Liability.