Personalized Running Plan

Terms and Conditions

For and in consideration of Applicant receiving a personalized running plan, and KD Fit, LLC (“KDF”) providing a personalized training program to Applicant, the parties hereby agree as follows:

Acknowledgement of Participation

Through the purchase of a Personalized Running Plan and/or Ongoing Run Coaching, have agree to participate voluntarily in program of physical exercise, including, but not limited to, aerobic exercise (“Activities”), under the guidance of KD Fit, LLC, its authorized agents, employees and contractors (“Coach”).

Acknowledgement of Health

I (the “Applicant”) declare myself physically and mentally sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in the training program or coaching. I acknowledge I have been informed of the need for a physician’s approval for my participation in an exercise/fitness activity. I recognize it is my sole responsibility to obtain an examination by a physician prior to involvement in any exercise program. I acknowledge I have either had a physical examination and been given my physician’s permission to participate, or if I have chosen not to obtain a physician’s permission prior to beginning this exercise program with Coach, I acknowledge I am doing so at my own risk and understand that no responsibility is being assumed by KDF.

Assumption of Risk

I understand and am aware that Activities, are potentially hazardous activities. I acknowledge the possibility that injuries and physical and mental changes (“Injuries and Changes”) arising during and/or resulting from engaging in Activities does exist. Injuries and Changes include, but are not limited to, abnormal blood pressure, fainting, disorders in heartbeat, heart attack and, in some instances, death. I understand Injuries and Changes could result in my becoming partially or totally disabled and incapable of performing any gainful employment or having a normal social life.

I am voluntarily participating in Activities with knowledge of the dangers involved. I understand and take sole responsibility for any and all Injuries and Changes that may occur to myself, related to any and all Activities associated with KDF’s instruction, even if not specifically set forth in this document, whether or not they fall within the scope of reasonably foreseeable injuries related to such Activities, and whether or not undertaken in KDF’s presence. Although KDF will take precautions to ensure my safety, I expressly assume and accept sole responsibility for my safety and for any and all Injuries and Changes that may occur.

Waiver and Release of Liability

In consideration of KDF’s agreement to instruct, assist, and coach me, I hereby agree to hold harmless KDF, its respective representatives, agents and assigns from any and all claims, demands, damages, rights of action or causes of action, present or future, arising out of or connected to my participation in any and all

Activities, or any and all acts or omissions by KDF and its representatives. This waiver and release of liabilities includes, but is not limited to, (a) Injuries and Changes to myself and/or others that may occur as a results of any and all slips, falls or uses.

Miscellaneous

a. I acknowledge and agree no warranties or representations have been made to me regarding the results I will achieve from this program. I understand results are individual and may vary.

b. I acknowledge I have thoroughly read this waiver and release and fully understand it is a waiver and release of liability. By signing this document, I am waiving any right I, or my heirs and/or assigns, may have to bring any and all legal actions or assert any and all claims against KDF, its respective representatives and/or assigns.

c. I represent and warrant I am signing this agreement freely and willfully and not under fraud or duress. I further represent and warrant no social relationship exists between KDF and me, or if such a social relationship exists, for purposes of my training sessions, KDF and I have assumed a strict business relationship and I understand any social relationship does not render this waiver invalid. These exculpatory clauses are intended to apply to any and all activities occurring during the time for which I have contracted with KDF.