Montana Memorandum of Agreement

Agreement to Participate in Fitness and Dietary Program

This Agreement made this the day of , 20, between

Inc., a corporation doing business at , herein referred to as , and

, who resides at , hereinafter referred to as Client.

Whereas, has developed a fitness and dietary program for weight loss and muscle toning (the Program) which can be adjusted to a client’s individual needs; and

Whereas, Client wishes to participate in the Program;

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

I. Client shall comply with the advice and instruction of in all aspects of his/her participation in the Program, including, but not limited to making all scheduled appointments.

II. Client understands and agrees that he/she is voluntarily participating in physical activities which may expose Client to some level of risk or injury, and Client represents that he/she is aware of the nature of these activities and agrees to accept any and all risks associated with participation in these activities and the Program.

III. Client represents that he/she is in good physical health, and that Client shall notify Acme Fitness in writing if he/she becomes unable to participate in an activity due to some physical or mental considerations. In consideration of allowing Client to participate in the Program, Client agrees to hold indemnify and hold harmless, as well as its directors, agents, officers, and employees, against loss (including reasonable attorneys’ fees) from any and all claims of negligence, demands, rights, or causes of actions of any kind or nature that may hereafter at any time be made or brought by Client or on Client’s behalf for any known or unknown, foreseen and unforeseen bodily or personal injuries, damages to property and consequences thereof which may be sustained by Client as a direct or indirect result of participating in the aforementioned Program and activities at .

IV. Not all nutrition or exercise programs are suitable for everyone. The Program provided by is provided for education and informational purposes and is not intended as medical advice. Client represents and warrants to that he/she has consulted his/her physician or health care provider before beginning the Program.

V. Client expressly agrees that use of the services, systems, and materials of are provided with warranties of any kind, either express or implied, included but limited to warranties of merchantability or fitness for a particular purpose. No advice or information given by , its agents, affiliates or employees shall create any such warranty.

VI. This Agreement contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Agreement. The provisions of this may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.

VII. The provision of this Agreement shall continue in full force and effect even after the termination of Client’s participation in the Program. Notwithstanding the foregoing, and anything herein to the contrary notwithstanding, the sole and entire maximum liability of , its agents, affiliates or employees, and Client’s sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by Client to for participation in the Program.

VIII. Notwithstanding the foregoing, and anything herein to the contrary notwithstanding, any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

IX. Client has read, and fully agrees to the terms of this Agreement and understands and agrees that by signing this Agreement (which contains a waiver, release and assumption of risks) Client has given up considerable future legal rights. Client has signed this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to him/her. Client certifies and warrants that he/she is years of age or older and mentally competent to enter into this Agreement.

WITNESS our signatures as of the day and date first above stated.