WKKF Wellness Center Acknowledgement, Waiver and Release of Liability

In consideration of being permitted by the W.K. Kellogg Foundation (“WKKF”) to access and use the WKKF Wellness Center (the “Wellness Center”) and the equipment in the Wellness Center (“Equipment”) and to participate in fitness classes or other activities at the Wellness Center (“Activities”), I acknowledge and agree as follows:

Question Title

* 1. I am using the Wellness Center in the following capacity and in accordance with the following rules:

WKKF Employee/Retiree: I must access the facility only during the times designated by WKKF (as listed below) I must not provide access to the facility to anyone other than my spouse or partner. I understand the eligibility requirements relating to a spouse or partner and agree to follow all rules and regulations to provide access to my spouse or partner, including an annual certification of eligibility status, if requested by WKKF.

Spouse or Domestic Partner (of WKKF Employee): I must be accompanied by my spouse or domestic partner (WKKF Employee) while accessing the Wellness Center. I must access the facility only during the times designated by WKKF for spouse/partner use. I must not provide access to the facility to anyone.

Hours of Access to Wellness Center:

- Employee and Spouse/Partner: At any time, with consideration for typical cleaning hours (Monday - Friday 7:00 pm - 9:00 pm)
- Retiree and Spouse/Partner: During office hours (Monday-Friday 8:00 am - 5:00 pm, except for holidays)

2. I have been provided with an orientation during which guidelines regarding the use of the Wellness Center were explained to me. You must schedule your orientation during regular working hours in coordination with the LiveWell wellness team before access to the facility is provided.

3. I understand that there are dangers and risks inherent in using the Wellness Center and Equipment and participating in Activities. While WKKF or its designated third-party vendor (“Vendor”) may offer instruction, including on the use of Equipment, or lead or facilitate Activities, my use of the Wellness Center and the Equipment and my participation in Activities is voluntary, unsupervised and at my own risk. I assume full responsibility for bodily injury, death, or loss to or damage of personal property arising out of or relating to such use or participation.

4. I have been advised to consult with my personal physician before starting any fitness or health related activity or program. I will not use the Wellness Center or Equipment or participate in any Activity if my physician advises against it or if I have, or suspect that I have, any illness or other health condition that could prevent me from safely engaging in or be aggravated by such activities. In the event of any injury or other medical issue that may arise in connection with my use of the Wellness Center or Equipment or participation in Activities, I authorize WKKF or its Vendor to secure such medical care or treatment as may be deemed appropriate by trained responders or medical personnel, and I agree to be responsible for payment (either directly or through my health insurance) of any medical services rendered.

5. I agree to follow all rules and regulations posted in the Wellness Center as they may be modified or replaced from time to time. I understand that my access to the Wellness Center can be revoked for any violation of such rules and regulations or for any other reason at the discretion of WKKF or its Vendor.

6. Neither WKKF nor its Vendor makes any warranties, express or implied, with respect to the Wellness Center or any Equipment, Activities, or instruction.

7. I understand that, on occasion, photos, videos and/or images (“Images”) may be taken or recorded in the Wellness Center for promotions or publicity that may include my likeness and/or voice. I grant WKKF full rights to use and distribute (and to allow others to use and distribute) such Images, including for promotional purposes, and to use my name and relationship to WKKF in connection with such Images.

8. For myself and my heirs, administrators, representatives and assigns, I hereby hold harmless and forever waive and release WKKF, its vendors, and their respective officers, directors, trustees, employees, representatives, agents, successors and assigns from any and all claims, suits, demands, actions, causes of action, losses, liabilities, damages, costs and expenses of every nature, including attorneys’ fees, whether known or unknown, present or future, foreseen or unforeseen, and whether caused by negligence of any release or otherwise, that may arise from my use of the Wellness Center or the Equipment, my participation in Activities, or my receipt of any instruction. This means, in part, that I am hereby releasing any and all unknown future claims.