Due to the prevailing insurance and legal atmosphere in Canada, we must insist that

each participant be familiar with, and agree to the following terms and conditions. If you have

any questions regarding any of its contents please contact us or, obtain independent legal

advice prior to signing the document. The form must be completed and submitted prior to

your first workout. No one may participate in any personal training activities without first

executing this document.

We advise that if you are currently taking medication, have any physical ailment or you

are otherwise not in physical condition suitable for activity, it could be injurious to you. You

should seek medical advice regarding these matters before participating in these programs.

I, ________________________ hereby acknowledge and agree that in consideration of my

being allowed to train with my personal trainer at an agreed upon location[s], I acknowledge

and agree to the following waiver and release. This document is a release of claims and by

signing it, I agree to the following:

Acknowledge that when performing exercise routines or engaging in similarly

strenuous activity, I may suffer injury.

Represent to my VIVO trainer(s) that I am in good health and

physical condition, and am not taking medication or suffering from a condition

that would prevent me from engaging in such activities or make it potentially

dangerous or harmful for me to engage in such activities.

Assume the risk of and release and hold the VIVO Trainer that I

train with, harmless from any liability for any physical or other injury or harm

suffered by me during or performing such routines or engaging in such other

strenuous physical activity, and agree that the VIVO Trainer that I

train with shall not have any liability or responsibility for any such injury or harm.

I understand that strength, flexibility and aerobic exercise, including the use of

the equipment offered by VIVO, is a potentially hazardous activity

with certain risks, some of which include but are in no way limited to: soft tissue

injuries such as wounds, sprains, and acute strains; broken bones or head

injuries; back, neck, knee and foot injuries and heart attacks.

I also understand that while some of the risks and hazards involved in using the

equipment of VIVO, are foreseeable, others are not.

I understand that fitness activities involve a risk of injury and even death, and

that I am voluntarily participating in these activities and using equipment and

machinery with knowledge of the dangers involved. I hereby agree to expressly

assume and accept any and all risks of injury or death.

Initials _____

I understand clearly that VIVO would not permit me to participate in

any such personal training unless I signed this release, waiver and assumption

of risk agreement.

This release, waiver and assumption of risk agreement applies to all the

aforesaid personal training whether occurring at present or in the future, and

that the terms of this agreement need not be brought to my attention each time I

participate in such personal training in order to be effective.

I, for myself, my heirs, executors, administrators and assigns or anyone else who may claim

on my behalf, hereby waive, release and forever discharge VIVO and its officers,

agents, employees, representatives, executors, and all others from any and all

responsibilities or liability from personal injury, death, damage to property, or loss of any kind

resulting from my participation in any activities or my use of equipment or machinery in the

above-mentioned activities.

I do also hereby release VIVO and its offers, agents, employees,

representatives, executors, all others from any responsibility or liability or any injury or

damage to myself, including those caused by negligence.

I acknowledge that I have either had a physical examination and been given my physician’s

permission to participate in activity and use equipment and machinery, or that I have decided

to participate in activity and use equipment and machinery without the approval of my

physician and do hereby assume all responsibility of any nature and kind whatsoever for my

participation and activities and utilization of equipment and machinery in my activities.

I have had the opportunity to ask questions or seek independent legal advice in respect of

this document.

I have carefully read, understood this document and, by allowing me to train with my VIVO trainer, agree to in the foregoing.

DATED AT _________________, THIS _______ DAY OF ________________, 2009.

_______________________________ ____________________________

PARTICIPANT NAME WITNESS NAME

_______________________________ _____________________________

PARTICIPANT SIGNATURE WITNESS SIGNATURE

_______________________________

PARENT SIGNATURE IF PARTICIPANT

UNDER THE AGE OF 19 YEARS