Participant Agreement

1. Description of Fit Patch services

Fit Patch provides adaptive and functional fitness coaching for qualifying participants, generally beginning at age six and continuing through adulthood.

Services may include:

• Individual adaptive fitness coaching
• Small-group or group fitness activities
• Functional movement and conditioning
• Strength, balance, flexibility, mobility, and coordination activities
• General wellness education
• In-person, community-based, mobile, outdoor, virtual, or remote sessions
• Activities performed at Fit Patch locations, partner facilities, schools, community locations, private residences, events, or other approved locations

The exact exercises and level of assistance provided will depend upon the Participant's abilities, needs, goals, behavior, communication skills, and safety requirements.

2. Scope of practice and medical disclaimer

The Participant understands and agrees that Fit Patch personnel are adaptive fitness coaches and fitness professionals.

Fit Patch coaches are not acting as physicians, nurses, physical therapists, occupational therapists, registered dietitians, licensed nutritionists, psychologists, behavior therapists, or other licensed medical or healthcare providers.

Fit Patch does not:

• Diagnose or treat illnesses, injuries, or medical conditions
• Provide physical therapy, occupational therapy, rehabilitation, or behavioral therapy
• Prescribe medication, medical treatment, meal plans, or medical nutrition therapy
• Replace medical care or professional healthcare advice
• Guarantee any particular physical, medical, behavioral, or fitness result

General fitness, wellness, or nutrition information provided by Fit Patch is educational only and is not a substitute for care from a qualified healthcare professional.

The Participant is responsible for consulting an appropriate healthcare provider before beginning or continuing an exercise program when medical advice or clearance is needed.

3. Participant evaluation and eligibility

Before services begin, Fit Patch may conduct an intake, consultation, observation, movement screening, or fitness evaluation.

This evaluation is performed to help Fit Patch determine:

• Whether Fit Patch can reasonably and safely serve the Participant
• Whether the Participant can follow basic commands, directions, demonstrations, or safety instructions
• Whether additional supervision, caregiver participation, accommodations, or medical clearance may be necessary
• Which exercises and services may be appropriate within Fit Patch's professional scope

A Fit Patch assessment is not a medical examination and must not be relied upon as medical clearance.

Fit Patch reserves the right to accept or decline a Participant; request written medical clearance; require a parent, guardian, caregiver, or support person to remain present; modify or discontinue an activity; pause or terminate a session; refer the Participant to an appropriate healthcare professional; and decline or discontinue services when Fit Patch reasonably believes participation may be unsafe, inappropriate, or outside its professional scope.

Fit Patch's primary concern is the safety of the Participant, other participants, coaches, caregivers, and members of the public.

4. Participant and caregiver responsibilities

The Participant and, when applicable, the Participant's parent, guardian, or caregiver agree to:

• Provide complete and accurate information regarding the Participant's health, abilities, diagnoses, medications, allergies, injuries, restrictions, behaviors, communication needs, and emergency procedures.
• Inform Fit Patch promptly of any change that may affect safe participation.
• Follow all instructions, safety procedures, facility rules, and equipment guidelines.
• Stop exercising and notify a coach immediately if the Participant experiences pain, dizziness, shortness of breath, weakness, chest discomfort, confusion, distress, or any unusual symptom.
• Wear appropriate clothing and footwear and use any required mobility, communication, sensory, or safety equipment.
• Avoid participating while impaired by alcohol, illegal drugs, misused medication, illness, or any condition that could make participation unsafe.
• Ensure that any required caregiver or support person is physically and mentally capable of assisting the Participant.

Fit Patch may end a session without refund when unsafe, threatening, aggressive, destructive, severely disruptive, or noncompliant behavior creates an unreasonable risk to any person.

5. Acknowledgment of fitness-related risks

The Participant understands that exercise and physical activity involve risks that cannot be completely eliminated, even when reasonable care is used.

These risks may include, but are not limited to:

• Muscle soreness, strains, sprains, tears, or cramps
• Slips, trips, falls, or collisions
• Cuts, bruises, or other bodily injuries
• Broken bones or joint injuries
• Aggravation of a known or unknown medical condition
• Dizziness, fainting, shortness of breath, or loss of balance
• Abnormal blood pressure or heart rate
• Cardiovascular events, including heart attack or stroke
• Seizure activity or other neurological events
• Allergic reactions
• Emotional distress, frustration, anxiety, or sensory overload
• Injury involving exercise equipment, furniture, floors, outdoor surfaces, or facilities
• Equipment malfunction or improper equipment use
• Contact with coaches, caregivers, participants, bystanders, animals, vehicles, or environmental hazards
• Serious injury, permanent disability, or death

Additional risks may arise from virtual coaching because the coach may not be physically present to provide hands-on assistance, inspect the exercise area, or respond directly during an emergency.

The Participant understands that some risks may result from the Participant's own actions, the actions of others, environmental conditions, equipment conditions, or the ordinary negligence of Fit Patch.

6. Voluntary participation and assumption of risk

Participation in Fit Patch services is voluntary.

The Participant acknowledges having had an opportunity to ask questions about the activities, services, and risks.

This assumption of risk applies to individual sessions, group sessions, demonstrations, events, remote sessions, and activities performed at any location where Fit Patch services are provided.

7. Release of liability for adult participants

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS IMPORTANT LEGAL RIGHTS.

To the fullest extent permitted by Texas law, an adult Participant, for themselves and for their heirs, estate, personal representatives, and assigns, releases Fit Patch from claims for bodily injury, property damage, illness, disability, or death arising from the Participant's involvement in Fit Patch services when such claims result from:

• The ordinary risks of fitness or physical activity;
• The Participant's own actions or failure to follow instructions;
• The actions of another participant, caregiver, or third party; or
• THE ORDINARY NEGLIGENCE OF FIT PATCH, INCLUDING ORDINARY NEGLIGENCE RELATED TO INSTRUCTION, SUPERVISION, EQUIPMENT, FACILITY CONDITIONS, OR THE SELECTION OR MODIFICATION OF EXERCISES.

This release does not apply to conduct that cannot legally be released, including intentional misconduct or any other liability that Texas law prohibits Fit Patch from excluding.

8. Participants under 18 years of age

When the Participant is a minor, the signing parent or legally authorized guardian confirms that:

• They have legal authority to provide consent for the minor's participation;
• They have reviewed the known risks and believe participation is appropriate;
• They consent to the minor participating in Fit Patch services;
• They will provide accurate health, behavioral, medical, and emergency information;
• They will ensure compliance with any caregiver or supervision requirement; and
• They personally accept the obligations assigned to the parent or guardian under this Agreement.

To the extent permitted by Texas law, the parent or guardian agrees to the assumption-of-risk and release provisions on behalf of themselves and the minor Participant.

Nothing in this Agreement is intended to waive a minor's legal rights beyond what Texas law permits.

9. Caregiver or support-person participation

A caregiver or support person who assists during a Fit Patch session understands that they may be required to stand, walk, lift, transfer, stabilize, redirect, communicate with, or otherwise assist the Participant.

The caregiver or support person:

• Participates voluntarily;
• Assumes the ordinary risks associated with providing such assistance;
• Agrees to follow Fit Patch instructions and safety rules; and
• Is responsible for informing Fit Patch if they cannot safely perform a requested task.

Unless separately employed or contracted by Fit Patch, a caregiver or support person is not a Fit Patch employee or agent.

10. Personal property

The Participant is responsible for personal belongings brought to a session, facility, event, or activity.

Fit Patch is not responsible for personal property that is misplaced, lost, stolen, damaged, or left unattended, except to the extent otherwise required by law.

11. Emergency response and medical authorization

Fit Patch personnel may hold certifications or training that include CPR, first aid, emergency response, personal training, or adaptive fitness. Certifications do not make Fit Patch personnel physicians or emergency medical providers.

If Fit Patch reasonably believes the Participant is experiencing an emergency, Fit Patch may:

• Stop the activity;
• Provide first aid or CPR within the responder's training;
• Use an automated external defibrillator when available and appropriate;
• Contact 911 or another emergency service;
• Contact the Participant's emergency contact; and
• Provide relevant information to emergency personnel.

If the Participant's parent, guardian, or emergency contact cannot be reached, the undersigned authorizes emergency personnel to evaluate and transport the Participant and authorizes treatment reasonably considered necessary under the circumstances.

The Participant or responsible party understands that Fit Patch cannot guarantee the availability, timing, cost, or outcome of emergency services.

The Participant or responsible party accepts financial responsibility for ambulance transportation, emergency evaluation, hospital services, medical treatment, and related expenses, except when another person or entity is legally responsible for those expenses.

12. Indemnification for participant conduct

To the fullest extent permitted by law, the Participant or responsible adult agrees to reimburse and hold Fit Patch harmless from third-party claims, losses, or reasonable expenses arising directly from:

• The Participant's intentional misconduct;
• Material health or safety information knowingly withheld from Fit Patch;
• A serious violation of Fit Patch safety instructions; or
• Damage or injury intentionally caused by the Participant or the Participant's caregiver.

This provision is not intended to require the Participant to indemnify Fit Patch for Fit Patch's sole negligence, gross negligence, reckless conduct, or intentional misconduct.

13. Governing law and severability

This Agreement will be governed by the laws of the State of Texas.

To the extent permitted by law, any legal action relating to this Agreement or Fit Patch services must be filed in a court of proper jurisdiction located in Brazoria, Fort Bend and Harris county, Texas.

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions will continue in effect. Any invalid provision will be limited or modified only to the minimum extent necessary to make it enforceable where legally permitted.

14. Complete agreement and electronic signatures

This Agreement contains the complete understanding regarding the subjects addressed herein and may be changed only in a written document authorized by Fit Patch and signed by the appropriate parties.

Electronic signatures and electronically completed forms will be treated as original signatures to the extent permitted by law.

15. Participant acknowledgment

By signing below, I confirm that:

• I have read this entire Agreement or had it read and explained to me;
• I understand its terms;
• I have had an opportunity to ask questions;
• I understand that participation involves risk;
• I understand that Fit Patch is providing adaptive fitness coaching, not medical treatment or therapy;
• The health and emergency information provided is accurate to the best of my knowledge; and
• I am signing voluntarily.