waiver And Release Of Liability And Indemnity Agreement: Member (and All Guests And Parents Signing On Behalf Of Any Child Under 18) Agree That If Member (and All Guests And Parents Signing On Behalf Of Any Child Under 18) Engage In Any Physical Exercise Or Activity Or Use Any Sta-fit Facility, Member Does So At His Or Her Own Risk And Assumes The Risk Of Any And All Injury And/or Damage While Engaging In Any Physical Exercise Or Activity Or Use Of Any Sta-fit Facility. Member`s Assumption Of Risk Includes, Without Limitation, Member`s Use Of Any Exercise Equipment (mechanical Or Otherwise), Tanning Equipment, The Locker Room, Sidewalk, Parking Lot, Stairs, Pool, Whirlpool, Sauna, Steam Room, Racquet Courts, Lobby Area, Or Any Equipment In Any Sta-fit Facilities. Member Agrees To Assume The Risk In His Or Her Participation In Any Activity, Class, Program, Instruction, Or Sta-fit-sponsored Event. Member Agrees That He Or She Is Voluntarily Participating In The Aforementioned Activities And Using Sta-fit Facilities And Premises And Assumes All Risk Of Injury, Illness, Damage, Or Loss To His Or Her Property That Might Result, Including, Without Limitation, Any Loss Or Theft Of Any Personal Property. Member Agrees On Behalf Of His Or Herself (and All Of His Or Her Personal Representatives, Heirs, Executors, Administrators, Agents, And Assigns) To Release And Discharge Sta-fit Any Of Its Subsidiaries Or Other Affiliates And Any Of Their Respective Officers, Directors, Employees, Agents, Successors And Assigns (collectively `sta-fit International`) From Any And All Responsibilities, Liabilities, Claims Or Causes Of Action (known Or Unknown) From Injuries Or Damages Arriving Our Of Or Connected With Member`s Attendance At Sta-fit, Member`s Participation In All Activities At Sta-fit, Member`s Use Of Equipment Of Machinery, Or Any Act Or Omission, Including Negligence, By Sta-fit International. This Waiver And Release Of Liability Includes, Without Limitation, Injuries Which May Occur As A Result Of (a) Member`s Use Of Any Exercise Equipment Or Facilities Which May Malfunction Or Break, (b) Sta-fit`s Improper Maintenance Of Any Exercise Equipment Or Facilities, (c) Sta-fit`s Negligent Instruction Or Supervision, Including Personal Training, Or Any Other Form Of Negligence By Sta-fit Or Any Employee Of Sta-fit, And (d) Member Slipping And Falling While On The Facility Or Any Portion Of The Premises For Any Reason, Including Sta-fit`s Negligent Inspection Or Maintenance Of Its Facility. Member Also Agrees To Waive Any Rights That He Or She May Have To Commence An Action Or Recover Damages For Any Injury At Any Sta-fit Facility To Any Minor Child Who Is A Guest Or Member. By Execution Of This Agreement, Member Hereby Agrees To Indemnify And Hold Harmless Sta-fit International From Any Loss, Liability, Damage, Or Cost Sta-fit International May Incur Due To Member`s (and All Guests And Parents Signing On Behalf Of Any Child Under 18) Presence At Any Sta-fit Facility. Member Further Expressly Agrees 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 North Carolina And That If Any Portion Thereof Is Held Invalid, It Is Agreed That The Balance Shall, Notwithstanding, Continue In Full Legal Force And Effect. By Signing This Agreement, Member Acknowledges That He Or She Has Carefully Read This Waiver And Release And Fully Understands That It Is A Release Of Liability, And Express Assumption Of Risk And Indemnity Agreement. Member Is Aware And Agrees That By Executing This Waiver And Release, Member Is Giving Up His Or Her Right To Bring A Legal Action Or Assert A Claim Against Sta-fit International For Its Negligence, Or For Any Defective Product On Its Premises. Member Has Read And Has Voluntarily Signed The Waiverand Release And Further Agrees That No Oral Representations, Statements, Or Inducement Apart From The Foregoing Written Agreement Have Been Made.