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CLIENT ASSUMPTION OF RISK & RELEASE OF LIABILITY

IMPORTANT NOTICE — READ BEFORE PROCEEDING
This Assumption of Risk, Release of Liability, Waiver of Claims, Indemnification Agreement, and Binding Arbitration Clause ("Agreement") is entered into between you ("Client," "User," "You") and GymHealth.AI, Inc. BY CREATING AN ACCOUNT OR CLICKING "I AGREE," YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THIS ENTIRE AGREEMENT.

1. NATURE OF THE PLATFORM. GymHealth.AI is a technology platform and marketplace only. We connect clients with independent human trainers and provide an AI-powered fitness coaching tool. GymHealth.AI is NOT a gym, medical provider, or licensed healthcare professional. All human trainers are independent contractors solely responsible for their own services. The AI coaching feature is an automated tool for informational purposes only and does not constitute professional fitness or medical advice.

2. MEDICAL DISCLAIMER. You acknowledge that you have consulted with, or will consult with, a licensed physician before beginning any exercise program. This platform does not provide medical advice, diagnosis, or treatment. Nothing communicated by GymHealth.AI, its AI system, or any trainer constitutes medical advice or creates a physician-patient relationship. You will immediately cease exercise and seek medical attention if you experience pain, dizziness, shortness of breath, chest pain, or any abnormal symptom.

3. ASSUMPTION OF RISK. You expressly acknowledge that physical exercise involves inherent and significant risks, including physical injury, cardiovascular events, heat-related illness, rhabdomyolysis, nerve damage, aggravation of pre-existing conditions, and death. YOU VOLUNTARILY AND KNOWINGLY ASSUME ALL SUCH RISKS.

4. COMPLETE RELEASE OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY RELEASE GYMHEALTH.AI, ITS FOUNDERS, OFFICERS, EMPLOYEES, AGENTS, TRAINERS, AND AI SYSTEMS from any and all claims arising from your use of the platform, any exercise program or recommendation, any physical injury or death, any trainer conduct, or any AI output. THIS RELEASE INCLUDES CLAIMS ARISING FROM NEGLIGENCE.

5. INDEMNIFICATION. You agree to defend, indemnify, and hold harmless GymHealth.AI and all Released Parties from any claims, damages, and expenses arising from your use of the platform, your violation of this Agreement, or any injury caused by your own conduct.

6. DISCLAIMER OF WARRANTIES. THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. GYMHEALTH.AI DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND SAFETY.

7. LIMITATION OF LIABILITY. GYMHEALTH.AI'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID IN THE PRECEDING 12 MONTHS, OR (B) $100.00.

8. INDEPENDENT CONTRACTORS. All trainers are independent contractors, not employees of GymHealth.AI. GymHealth.AI is not responsible for the actions, omissions, or negligence of any trainer.

9. AI SERVICES. You acknowledge that AI-generated workout plans, nutrition guidance, and coaching recommendations are not a substitute for professional medical or fitness advice. You assume all risk associated with following AI-generated recommendations.

10. BINDING ARBITRATION & CLASS ACTION WAIVER. Any dispute shall be resolved by binding arbitration under AAA rules in Miami-Dade County, Florida. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION LAWSUITS.

11. GOVERNING LAW. This Agreement is governed by the laws of the State of Florida.

12. MINOR USERS. IF YOU ARE UNDER 18, YOUR PARENT OR LEGAL GUARDIAN MUST AGREE TO THESE TERMS ON YOUR BEHALF AND ASSUMES ALL LIABILITY FOR YOUR PARTICIPATION.

13. PLATFORM-EXCLUSIVE RELATIONSHIP REQUIREMENT. Client acknowledges and agrees that all relationships with trainers discovered, introduced, or engaged through GymHealth.AI (the "Platform") are and remain exclusive to the Platform. Client agrees NOT to solicit, initiate, arrange, or participate in any fitness training, coaching, nutrition counseling, health consulting, or any related service with any trainer introduced through the Platform outside of the Platform, during the term of this Agreement and for a period of 24 months following termination of Client's account or the conclusion of any trainer relationship, regardless of the reason for termination. This restriction applies regardless of whether Client or the trainer initiates the off-platform contact.

14. PROHIBITED CLIENT CONDUCT. Client expressly agrees NOT to: (a) share personal contact information (including phone numbers, email addresses, social media handles, messaging app usernames, or any other direct contact method) with any Platform trainer for the purpose of arranging or conducting fitness services outside the Platform; (b) accept, respond to, or act upon any trainer's suggestion to communicate, book, pay, or conduct services through any channel other than GymHealth.AI; (c) make any payment for training services directly to any trainer outside of the Platform's payment system; (d) use any trainer's name, contact information, programming, or materials obtained through the Platform to engage that trainer or similar services outside the Platform; (e) communicate with any trainer through external messaging platforms, social media, email, phone, or any channel other than the Platform's built-in communication tools for purposes related to fitness services; (f) attempt to circumvent, avoid, or interfere with Platform booking, payment, or communication systems in any way.

15. CONSENT TO MONITORING & CONTENT SCANNING. Client acknowledges and expressly consents to automated and manual monitoring and content scanning of all communications, messages, session notes, uploaded content, profile information, and any other data Client submits to or transmits through the Platform. GymHealth.AI employs automated pattern detection systems to identify potential off-platform solicitation, prohibited conduct, policy violations, safety concerns, and other issues. Client has no expectation of privacy with respect to any content submitted to or transmitted through the Platform. Flagged content may be automatically redacted, logged, reviewed by GymHealth.AI staff, and used as evidence in enforcement actions. Client consents to this monitoring as a condition of Platform access and waives any claim arising from such monitoring.

16. ENFORCEMENT & CONSEQUENCES — CLIENT VIOLATIONS. Violations of §13 or §14 shall constitute material breach of this Agreement and may result in, at GymHealth.AI's sole discretion: (a) immediate and permanent account termination without prior notice or refund; (b) a civil claim for liquidated damages equal to the estimated value of the off-platform relationship, with a minimum of $2,500 per violation; (c) injunctive relief and any other remedy available at law or in equity. Client agrees that damages from off-platform solicitation are difficult to quantify and that the liquidated damages amount is a reasonable estimate of harm, not a penalty.

17. TRAINER SOLE LIABILITY — CLIENT UNDERSTANDING. — CLIENT UNDERSTANDING. Client acknowledges and understands that all fitness, health, nutrition, and wellness advice, programming, instructions, and recommendations are provided solely by independent contractor trainers and not by GymHealth.AI. In the event Client suffers injury, illness, medical complication, disability, or death arising from any service, advice, or instruction provided by a trainer, that trainer is solely and exclusively responsible for such harm. GymHealth.AI bears zero liability for any client harm arising from any trainer's services. Client expressly releases GymHealth.AI from any and all claims arising from trainer conduct.

18. COMPLETE RELEASE OF COMPANY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLIENT HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE GYMHEALTH.AI, INC. AND ALL COMPANY PARTIES from any and all claims, demands, causes of action, suits, losses, damages, liabilities, costs, and expenses of every kind, whether known or unknown, foreseen or unforeseen, arising out of or in connection with: (a) Client's use of or access to the Platform; (b) any account suspension or termination; (c) any trainer dispute, misconduct, or failure to perform; (d) any injury, illness, disability, or death suffered by Client; (e) any failure, error, or downtime of the Platform or AI system; (f) any payment dispute or billing error; (g) any act or omission of Company or any trainer. THIS RELEASE INCLUDES CLAIMS ARISING FROM COMPANY'S OWN NEGLIGENCE.

19. WAIVER OF RIGHT TO SUE — BINDING ARBITRATION — JURY TRIAL WAIVER — CLASS ACTION WAIVER. CLIENT EXPRESSLY AND IRREVOCABLY WAIVES ANY AND ALL RIGHT TO BRING A LAWSUIT, LEGAL ACTION, OR COURT PROCEEDING OF ANY KIND AGAINST GYMHEALTH.AI, INC. OR ANY COMPANY PARTY IN ANY COURT, TRIBUNAL, OR JURISDICTION. Any dispute shall be resolved exclusively by binding arbitration administered by the AAA under its Commercial Arbitration Rules, in Miami-Dade County, Florida. The arbitrator's award shall be final and binding. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTION LAWSUITS. Each claim must be brought solely in Client's individual capacity. Client waives the right to participate in any class action, consolidated, mass, or representative proceeding of any kind.

20. FULL INDEMNIFICATION. Client agrees to fully defend, indemnify, and hold harmless GymHealth.AI, Inc. and all Company Parties from and against any and all claims, demands, suits, judgments, settlements, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from or related to: (a) Client's use of the Platform; (b) any injury, illness, disability, or death suffered by Client arising from exercise activities; (c) any act, omission, error, or misconduct by Client; (d) Client's violation of any applicable law or professional standard; (e) any claim by a third party arising from Client's participation in activities arranged through the Platform; (f) Client's breach of this Agreement. This indemnification obligation survives termination of Client's account.

21. INTELLECTUAL PROPERTY ASSIGNMENT. Client agrees that all content, workout logs, nutrition logs, progress data, notes, photos, program materials, and any other information or materials that Client submits, uploads, creates, or transmits through the Platform are and shall be deemed the exclusive proprietary information and intellectual property of GymHealth.AI, Inc. Furthermore, all Client profile data, account data, health and fitness data, session records, progress data, communication records, behavioral data, and all data generated by or about Client's use of the Platform, as well as all trainer data, trainer content, trainer session records, and all data generated by or about any trainer's use of the Platform (collectively, "Platform Data") are and shall remain the exclusive proprietary information and intellectual property of GymHealth.AI, Inc. By using the Platform, Client hereby assigns, transfers, and conveys to GymHealth.AI all right, title, and interest in all such content and Platform Data, including all intellectual property rights, worldwide, in perpetuity, irrevocably, and without additional compensation. GymHealth.AI may use, reproduce, modify, distribute, sublicense, and commercialize such content and Platform Data for any purpose without restriction or further consent from Client.

22. COMPANY LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GYMHEALTH.AI AND ALL COMPANY PARTIES ARE NOT RESPONSIBLE IN ANY WAY, SHAPE, OR FORM FOR ANY HARM, LOSS, INJURY, ILLNESS, DEATH, OR DAMAGE SUFFERED BY CLIENT OR ANY THIRD PARTY. IN NO EVENT SHALL GYMHEALTH.AI'S TOTAL CUMULATIVE LIABILITY TO CLIENT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY CLIENT TO GYMHEALTH.AI IN THE 30 DAYS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

23. SURVIVAL. Sections 3 (Assumption of Risk), 4 (Release of Liability), 5 (Indemnification), 13 (Platform Exclusivity), 14 (Prohibited Conduct), 15 (Monitoring Consent), 16 (Enforcement), 17 (Trainer Sole Liability), 18 (Complete Release), 19 (Arbitration/Waiver), 20 (Indemnification), 21 (IP Assignment), and 22 (Liability Cap) survive termination of this Agreement and Client's account indefinitely and remain fully enforceable.

24. PRICING, MODIFICATIONS & RIGHT TO CHANGE. GymHealth.AI reserves the right, at its sole and absolute discretion, to: (a) change, modify, increase, or decrease subscription pricing at any time with or without prior notice; (b) modify, suspend, discontinue, or alter any features, services, or functionality of the Platform at any time; (c) change these Terms of Service at any time, with changes effective upon posting to the Platform. Your continued use of the Platform following any pricing change or modification constitutes your acceptance of such changes. GymHealth.AI shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Platform or any service. Current pricing is displayed at gymhealth.ai and is subject to change. Existing subscribers will be notified of price changes at least 7 days prior to the effective date via email to the address on file.

By accepting this Agreement you confirm you are 18 years of age or older, or have parental consent, and that you have read and understood all 24 sections including the platform exclusivity restriction (§13), monitoring consent (§15), the waivers of legal rights in Sections 18, 19, and 21, and the pricing modification rights in §24. Last updated: May 2026.

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