SANCTUM

Membership Agreement

Liability Waiver, Payment Authorization & Assumption of Risk

IMPORTANT: THIS IS AN UNSTAFFED FACILITY. IF YOU ARE NOT COMFORTABLE EXERCISING ALONE OR WITHOUT ON-SITE SUPERVISION, DO NOT SIGN THIS AGREEMENT.

In consideration of being permitted to participate in any way in the SANCTUM Fitness program and/or being permitted to enter for any purpose any restricted area, the undersigned agrees as follows:

1. Acknowledgment of Unstaffed Facility. I understand that SANCTUM Fitness LLC is a 24/7, unstaffed fitness facility. I acknowledge and agree that there may be no employees, staff, or personnel present at any time, that I am exercising entirely at my own risk, that in case of emergency — including but not limited to medical emergencies, fire, criminal activity, or equipment failure — I am solely responsible for contacting 911 or emergency services, and that surveillance cameras may be in use for security purposes. I further acknowledge that the absence of staff means there is no one available to render first aid, CPR, or other medical assistance, and I knowingly and voluntarily accept all risks associated with an unsupervised exercise environment, including the risk that emergency response times may be delayed.

2. Assumption of Risk. I understand and acknowledge that the use of a fitness facility, including but not limited to the use of free weights, machines, cables, cardiovascular equipment, and all other apparatus, involves inherent and significant risks. These risks include but are not limited to: serious bodily injury including muscle strains, tears, and pulls; broken bones; joint and ligament damage; cardiovascular events including heart attack and stroke; heat exhaustion and dehydration; temporary or permanent disability; paralysis; and death. Additional risks include equipment malfunction, misuse, or failure; slips, trips, and falls on flooring, mats, or other surfaces; overexertion or unforeseen medical complications arising from physical activity; and the actions or inactions of other members present in the facility. I fully understand and appreciate the nature and extent of these risks, and I voluntarily and expressly assume all risks — known and unknown, foreseeable and unforeseeable — associated with my presence on the premises, my use of the facility and its equipment, and my participation in any exercise, activity, or program at SANCTUM Fitness LLC.

3. Facility Inspection. I acknowledge that I have been given the opportunity to inspect the SANCTUM Fitness LLC facility, including all equipment, before signing this Agreement. I am satisfied with the condition of the facility and equipment, and I voluntarily choose to use it. If at any time I believe any equipment or condition to be unsafe, I will immediately discontinue use and notify SANCTUM Fitness LLC in writing.

4. Medical Representation. I hereby certify and represent that I am physically able and sufficiently healthy to participate in exercise activities without undue risk to my health or safety. I have either consulted a licensed physician and obtained medical clearance prior to beginning any exercise program at SANCTUM Fitness LLC, or I have made a personal, informed decision that such consultation is unnecessary and I expressly assume the risk of forgoing such consultation. I agree to stop exercise immediately and seek appropriate medical attention if I experience any pain, dizziness, shortness of breath, chest discomfort, nausea, lightheadedness, or any other physical symptom that may indicate a medical condition or injury. I further agree to promptly notify SANCTUM Fitness LLC in writing of any significant change in my health, medical condition, or physical limitations, and I acknowledge that SANCTUM Fitness LLC may rely on my representations regarding my health in permitting my continued use of the facility.

5. Communicable Disease Waiver. I understand that the nature of a shared fitness facility involves close proximity to other individuals and shared contact with equipment and surfaces. I acknowledge that this carries inherent risks of exposure to communicable diseases, including but not limited to COVID-19, influenza, MRSA, and other bacterial, viral, or fungal infections. I voluntarily assume all risks associated with such exposure and agree that SANCTUM Fitness LLC shall not be liable for any illness, infection, or disease that I may contract while using or as a result of using the facility. I agree not to enter the facility if I am experiencing symptoms of any communicable illness or have been advised to quarantine or isolate by a medical professional or public health authority.

6. Waiver and Release of Liability. To the fullest extent permitted by law, I, on behalf of myself and my heirs, executors, administrators, successors, personal representatives, and assigns, hereby release, waive, discharge, and covenant not to sue SANCTUM Fitness LLC, its owner(s), members, managers, employees, contractors, agents, volunteers, successors, and affiliates (collectively, the "Released Parties") from and against any and all liability, claims, demands, damages, costs, expenses, and causes of action whatsoever — whether now known or hereafter discovered, whether in law or in equity — arising out of or related to: my presence on the premises; my use of the facility and its equipment; my participation in any activity, class, or program; the use or misuse of any equipment by myself or others; any injury, illness, or death to person; any damage to, loss of, or theft of personal property; and any and all acts of passive or active negligence by the Released Parties, to the fullest extent permitted by applicable law. This release is intended to be as broad and inclusive as permitted under the laws of the State of Minnesota. If any portion of this release is held invalid, the balance shall continue in full force and effect.

7. Lost or Stolen Property. I acknowledge and agree that SANCTUM Fitness LLC is not responsible for any personal property that is lost, stolen, damaged, or misplaced on the premises, including but not limited to personal belongings left in lockers, cubbies, restrooms, or any other area of the facility. I assume all risk of loss for personal property I bring onto the premises, regardless of whether such loss results from theft, negligence, or any other cause.

8. Equipment Use. I agree to use all fitness equipment only in accordance with its intended purpose and manufacturer guidelines. I will not attempt any lift, exercise, or movement that exceeds my current ability or training level. I agree to utilize all available safety mechanisms — including but not limited to safety clips, stops, spotter arms, safety pins, and safety bars — whenever applicable. I will wipe down equipment after each use using the sanitation materials provided. I understand that misuse of equipment may result in serious injury to myself or others, and I accept full and sole responsibility for my conduct in this regard.

9. Access and Security. I understand that my membership access credentials — whether biometric, QR code, app-based entry, key fob, access code, or any other form of electronic or physical access — are issued solely and exclusively to me, are personal and non-transferable, and must not under any circumstances be shared with, lent to, or used by any other person. Sharing, lending, selling, or otherwise facilitating access for any non-member is strictly prohibited and shall be grounds for immediate and permanent termination of membership without refund. I further agree not to admit, hold open the door for, prop open any entry point, or otherwise allow entry to any individual not authorized to access the facility, and I acknowledge that violation of this provision compromises the safety and security of all members and may result in liability to me for any resulting harm.

10. No Training or Supervision. I acknowledge and understand that no personal training, fitness instruction, coaching, supervision, or spotting is provided by SANCTUM Fitness LLC unless explicitly and separately arranged in a written agreement signed by both parties. No employee, agent, or representative of SANCTUM Fitness LLC has any obligation to supervise my activities, monitor my safety, or provide instruction or guidance. I am solely and exclusively responsible for all of my workout choices, exercise selection, programming decisions, safety precautions, proper form and technique, and training conduct within the facility. I assume full and complete responsibility for my own safety and for any injury or harm that may result from my exercise activities.

11. Independent Trainers and Contractors. I acknowledge that SANCTUM Fitness LLC may permit independent personal trainers, coaches, instructors, or other contractors to operate within the facility. I understand and agree that SANCTUM Fitness LLC is not responsible for the actions, omissions, advice, programming, instruction, supervision, or services provided by any independent trainer, coach, or contractor operating within the facility, regardless of whether such individual has been granted access to the facility by SANCTUM. Any engagement with an independent trainer is solely between the member and the trainer, and SANCTUM Fitness LLC makes no representations or warranties regarding any trainer's qualifications, certifications, insurance, or competence. I expressly assume all risks associated with receiving training, instruction, or advice from any independent contractor within the facility.

12. Rules and Conduct. I agree to conduct myself respectfully and responsibly at all times while on the premises. This includes, without limitation: treating the facility, all equipment, and other members with courtesy and respect; re-racking all weights, bars, and accessories after use and returning all equipment to its proper storage location; maintaining cleanliness in all areas of the facility; not dropping or slamming weights except on designated platforms; wearing appropriate athletic attire and closed-toe athletic footwear at all times while exercising; not engaging in any unsafe, reckless, disruptive, harassing, threatening, or otherwise inappropriate behavior; and complying with all posted rules, policies, and guidelines as may be established and amended by SANCTUM Fitness LLC from time to time. I understand that violation of any rules or policies may result in immediate suspension or termination of membership at SANCTUM's sole discretion, without prior warning and without refund.

13. Damages. I agree to be held fully and solely financially responsible for any and all damage I cause to equipment, the facility, or any property of SANCTUM Fitness LLC as a result of misuse, negligence, reckless conduct, or intentional acts. This includes the full cost of repair or replacement as reasonably determined by SANCTUM Fitness LLC, and I authorize SANCTUM Fitness LLC to charge my payment method on file for such costs.

14. Recurring Payment Authorization. I agree to pay the membership fees, dues, and any applicable taxes or charges as selected and disclosed during my enrollment and as may be updated in accordance with SANCTUM Fitness LLC's published membership terms. By signing this agreement and providing a payment method, I expressly authorize SANCTUM Fitness LLC to initiate recurring charges to my designated credit card, debit card, bank account, or other approved payment method on a monthly basis, without further notice or authorization from me, until such time as my membership is properly canceled in accordance with SANCTUM Fitness LLC's published membership terms and cancellation policy. I understand that it is my sole responsibility to maintain current and valid payment information on file. I acknowledge that if any payment is declined, returned, or otherwise not honored, SANCTUM Fitness LLC may suspend or permanently revoke my facility access until the outstanding balance is paid in full and a valid payment method is reestablished, and may assess a returned payment fee. I further understand that all membership fees are non-refundable except as expressly required by applicable law or as otherwise stated in writing by an authorized representative of SANCTUM Fitness LLC.

15. Termination of Membership. SANCTUM Fitness LLC expressly reserves the right, in its sole and absolute discretion, to suspend or permanently revoke the membership of any member and to deny or revoke facility access to any individual for any violation of this Agreement; for conduct that SANCTUM deems unsafe, harmful, or threatening to the member, other members, or the facility; for non-payment of membership fees; for providing false or misleading information on this Agreement or any membership document; or for any other reason reasonably related to safety, security, business operations, or policy compliance. Membership privileges may be terminated without prior notice and without refund of any fees paid. I understand that if my membership is terminated for cause, I remain bound by all releases, waivers, and indemnifications set forth in this Agreement.

16. Indemnification. To the fullest extent permitted by law, I agree to indemnify, defend, and hold harmless SANCTUM Fitness LLC and the Released Parties from and against any and all claims, demands, suits, judgments, liabilities, losses, costs, and expenses — including reasonable attorneys' fees and court costs — brought by any third party and arising out of or in connection with my acts or omissions while on the premises, my use of the facility or equipment, my violation of any term of this Agreement, or any injury or damage caused by me to another member or third party.

17. Waiver of Jury Trial. To the fullest extent permitted by law, I knowingly and voluntarily waive any right to a trial by jury in any dispute arising out of or relating to this Agreement, my membership, or my use of the facility.

18. Governing Law and Venue. This Agreement and all matters arising out of or relating to this Agreement, including any dispute, claim, or controversy relating to the membership relationship between the undersigned and SANCTUM Fitness LLC, shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of laws principles. The undersigned consents to the exclusive jurisdiction and venue of the state and federal courts located in Hennepin County, Minnesota, and waives any objection based on improper venue or forum non conveniens.

19. Severability. If any provision, clause, or portion of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, consistent with the intent of the parties as expressed in this Agreement.

20. Binding Effect. This Agreement shall be binding upon me, my heirs, executors, administrators, successors, personal representatives, and assigns, and shall inure to the benefit of SANCTUM Fitness LLC, its successors and assigns. I acknowledge that this Agreement shall remain in full force and effect indefinitely, covering each and every visit I make to the facility and each and every use of the facility's equipment and services, unless and until a subsequent written agreement expressly supersedes this Agreement and is signed by both parties.

21. Minimum Age Requirement. I certify that I am at least eighteen (18) years of age. Individuals under the age of eighteen are not permitted to use the facility under any circumstances.

22. Filming & Photography. I understand that SANCTUM Fitness LLC is a private facility intended for focused, personal training. Filming, photography, or recording of any kind that captures other members, guests, or any other identifiable person is strictly prohibited without that individual's express prior consent. Tripods, additional lighting, rigging, or any equipment that blocks walkways, equipment, or training zones requires prior approval from SANCTUM management. I agree to respect the privacy and training experience of all other members and guests, and I understand that loud, disruptive, or socially-oriented recording activity violates this Agreement and may result in immediate removal and termination of access without refund.

23. Entire Agreement and Acknowledgment. I acknowledge that I have carefully read this entire Agreement, that I fully understand its contents and legal effect, and that I am signing it voluntarily and of my own free will. I understand that by signing this Agreement, I am giving up substantial legal rights, including the right to sue SANCTUM Fitness LLC for injuries, damages, or losses resulting from the inherent risks of exercise, my use of the facility or equipment, any negligence on the part of SANCTUM Fitness LLC, and my right to a jury trial — whether such rights belong to me or to my heirs. I further acknowledge that I have had the opportunity to ask questions about this Agreement, to take a copy of this Agreement home for review, to consult with legal counsel of my choosing, and that no oral representations, statements, or inducements apart from the written terms above have been made to me. This Agreement represents the full, complete, and exclusive agreement between the undersigned and SANCTUM Fitness LLC relating to the subject matter herein, superseding all prior or contemporaneous communications, representations, or agreements, whether oral or written.

Member Information

Emergency Contact

Signature

By typing my full legal name above, I acknowledge that this constitutes my electronic signature. I understand and agree that my electronic signature is legally binding and carries the same force and effect as a handwritten signature. I certify under penalty of perjury that the information I have provided is true and correct.

SANCTUM Fitness LLC is not responsible for lost, stolen, or damaged personal property.

SANCTUM Fitness · Tonka Bay, Minnesota