INFORMED CONSENT, ASSUMPTION OF RISK, AND RELEASE OF LIABILITY

This Informed Consent, Assumption of Risk, and Release of Liability Agreement (“Agreement”) is entered into by and between TNM, LLC (“TNM,” “Company,” “we,” “us,” or “our”) and the individual accessing, purchasing, or using the TNM Lifestyle Fitness App and any related products or services (“Participant,” “you,” or “your”).

PLEASE READ THIS AGREEMENT CAREFULLY. BY CHECKING THE REQUIRED BOX INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT IN CONNECTION WITH YOUR PURCHASE, ACCESS TO, OR USE OF THE TNM LIFESTYLE FITNESS APP OR RELATED SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.

1. VOLUNTARY PARTICIPATION
You understand and agree that your participation in any fitness, exercise, nutrition, wellness, coaching, or educational activities offered through the TNM Lifestyle Fitness App is voluntary. You knowingly and willingly choose to participate at your own risk.

2. HEALTH ACKNOWLEDGMENT AND MEDICAL CLEARANCE
You represent and warrant that you are physically and mentally capable of participating in exercise and related activities and that you have either consulted with a licensed physician or voluntarily chosen not to do so before beginning the program. You understand that it is your responsibility to obtain medical advice before starting any exercise, training, or nutrition program, especially if you have any known or suspected medical condition, prior injury, dizziness, fainting, chest pain, heart condition, breathing difficulty, high blood pressure, pregnancy, post-partum status, or any other condition that may affect your ability to exercise safely.

You agree to comply with any limitations or restrictions prescribed by your physician or other qualified healthcare provider. You further agree that if you experience dizziness, fainting, nausea, chest pain, shortness of breath, muscle cramping, pain, or any other concerning symptom while participating in any activity through the TNM Lifestyle Fitness App, you will immediately stop and seek appropriate medical attention.

3. NO MEDICAL ADVICE
You understand and agree that the TNM Lifestyle Fitness App and all related content, communications, workouts, exercise demonstrations, meal guidance, nutrition information, coaching support, and educational materials are provided for general fitness, wellness, and informational purposes only. They are not medical advice, diagnosis, treatment, physical therapy, rehabilitation, or any other healthcare service. TNM does not diagnose, monitor, treat, cure, or prevent any disease, condition, or injury. You should consult a licensed physician or qualified healthcare provider regarding any medical concerns.

4. ACKNOWLEDGMENT OF RISKS
You understand and acknowledge that participation in exercise, training, nutrition, and wellness activities involves inherent and other risks, known and unknown, including but not limited to dizziness, fainting, dehydration, nausea, abnormal blood pressure, muscle soreness, strains, sprains, joint injuries, falls, aggravation of pre-existing conditions, overexertion, equipment misuse, cardiovascular complications, heart attack, stroke, permanent disability, and death.

You further understand that these risks may arise from, among other things, physical exertion, improper form or technique, unsupervised activity, fatigue, equipment failure or misuse, environmental conditions, nutritional changes, supplement use, and your own physical condition, whether known or unknown.

5. ASSUMPTION OF RISK
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU VOLUNTARILY AND EXPRESSLY ASSUME ALL RISKS OF INJURY, ILLNESS, DAMAGE, LOSS, DISABILITY, OR DEATH ARISING OUT OF OR RELATING TO YOUR ACCESS TO, PURCHASE OF, PARTICIPATION IN, OR USE OF THE TNM LIFESTYLE FITNESS APP OR ANY RELATED PRODUCTS OR SERVICES.

6. RELEASE AND WAIVER OF CLAIMS
In consideration for being permitted to purchase, access, and use the TNM Lifestyle Fitness App and related products or services, you, on behalf of yourself and your heirs, beneficiaries, estate, personal representatives, executors, administrators, successors, and assigns, hereby knowingly, voluntarily, and irrevocably release, waive, discharge, and covenant not to sue TNM, LLC and its parents, subsidiaries, affiliates, owners, members, managers, officers, directors, employees, contractors, agents, representatives, licensors, successors, and assigns (collectively, the “Released Parties”) from and against any and all claims, demands, actions, causes of action, liabilities, damages, losses, costs, or expenses of any kind, whether known or unknown, suspected or unsuspected, arising out of or relating in any way to your purchase, access, participation, or use of the TNM Lifestyle Fitness App or any related products or services, including but not limited to claims for personal injury, illness, wrongful death, property damage, economic loss, or other loss.

THIS RELEASE INCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF ANY OF THE RELEASED PARTIES.

7. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all third-party claims, demands, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the TNM Lifestyle Fitness App or related products or services, your violation of this Agreement, your violation of any law or third-party right, or any false or inaccurate representation made by you in connection with your participation.

8. NO GUARANTEE OF RESULTS
You understand and agree that TNM makes no guarantee regarding any specific fitness, health, body composition, performance, weight loss, muscle gain, or other outcome. Results vary from person to person based on many factors, including consistency, effort, adherence, health status, sleep, nutrition, stress, and lifestyle.

9. ELECTRONIC ACCEPTANCE
You agree that checking the box indicating your acceptance of this Agreement, where required before purchase or access, constitutes your electronic signature and manifests your intent to enter into this Agreement and be legally bound by it. You agree that this electronic acceptance shall have the same force and effect as a handwritten signature and may be used as evidence of your assent to this Agreement. Florida law generally recognizes that electronic records, contracts, and signatures are not denied effect solely because they are electronic. :contentReference[oaicite:0]{index=0}

10. SEVERABILITY
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

11. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any dispute arising out of or relating to this Agreement or your use of the TNM Lifestyle Fitness App or related products or services shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction and venue of those courts.

12. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and TNM regarding the subject matter covered herein and supersedes all prior or contemporaneous communications, whether oral or written, relating to that subject matter.

13. ACKNOWLEDGMENT
BY CHECKING THE REQUIRED BOX INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS TERMS, UNDERSTAND THAT YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, AND AGREE TO IT FREELY AND VOLUNTARILY.