ARMORED HEAT, LLC

Waiver, Release, Assumption of Risk, and Agreement to Arbitrate

Last updated: November 2026

By tapping "I Accept" inside the Armored Heat application, or by otherwise accessing or using the Armored Heat training program (the "Program"), you ("Participant," or if the Participant is under 18, the parent or legal guardian on behalf of the minor Participant) enter into this agreement with Armored Heat, LLC, an Arizona limited liability company ("Armored Heat"). Read this document carefully. It is a binding legal agreement that limits your legal rights.

1. What Armored Heat Provides.

Armored Heat offers digital arm strength, mobility, and recovery training programming for baseball players, delivered through a third-party software application and related equipment (together, the "Program"). The Program is a general sports performance and training resource. The Program is not physical therapy, medical care, medical advice, diagnosis, treatment, rehabilitation, or injury prevention. No doctor-patient, therapist-patient, or similar clinical or professional healthcare relationship is created between Participant and Armored Heat or any of its personnel. Any clinical license held by any individual associated with Armored Heat (including any Doctor of Physical Therapy license) is held in that individual's personal capacity, is independent of Armored Heat, and is not used in the delivery of the Program.

2. Not Injury Prevention; No Guaranteed Outcomes.

The Program's purpose is to help baseball players improve strength, mobility, and recovery over time. The Program is not designed, intended, warranted, or guaranteed to prevent injury of any kind. Baseball, including throwing, pitching, strength training, mobility work, and recovery exercises, carries inherent risks that cannot be eliminated regardless of what training program is followed. Participant acknowledges that no specific physical, athletic, performance, or health outcome is promised, warranted, or guaranteed by Armored Heat.

3. Assumption of Risk.

Participant understands and voluntarily assumes all risks of participating in the Program, whether known or unknown, foreseeable or unforeseeable. These risks include, without limitation: minor injuries such as bruises, strains, and sprains; serious injuries including but not limited to UCL (ulnar collateral ligament) tears, labrum tears, rotator cuff injuries, elbow nerve inflammation, stress fractures, muscle tears, dislocations, concussions, and spinal injuries; aggravation of pre-existing conditions; permanent disability; cardiac events; and death. Participant acknowledges that these risks may be caused by Participant's own actions, by the actions of others, by equipment failure, by latent or obvious conditions, or by the negligent acts or omissions of Armored Heat or its Covered Parties.

4. Medical Representations.

Participant represents and warrants that: (a) Participant is in good physical health and has no known medical condition that would make participation in the Program dangerous or inadvisable; (b) Participant has consulted with a licensed medical professional, or has knowingly chosen not to, regarding Participant's fitness to engage in the Program; (c) Participant will stop participating immediately and seek medical attention if Participant experiences pain, injury, dizziness, or any other adverse physical or mental symptom; and (d) Participant is solely responsible for determining whether any specific exercise, drill, or recommendation in the Program is appropriate for Participant.

5. Age Verification and Parental Consent.

By accepting this waiver, Participant represents that EITHER (a) Participant is 18 years of age or older, OR (b) if Participant is under 18, a parent or legal guardian of the minor Participant has reviewed this entire waiver, has consented to the minor Participant's use of the Program, and has authorized the minor Participant or has personally accepted this waiver on the minor's and the household's behalf. Where a minor accepts this waiver on behalf of the household based on parental authorization, the parent or guardian ratifies and adopts all terms of this agreement, including the Assumption of Risk, Release, Indemnification, Binding Arbitration, and Class Action Waiver, to the fullest extent permitted by Arizona law.

6. Release and Waiver.

In consideration of being permitted to use the Program, Participant, on behalf of Participant and Participant's heirs, personal representatives, assigns, and anyone claiming through Participant, hereby fully and forever releases, waives, discharges, and holds harmless Armored Heat and its officers, members, managers, employees, independent contractors, consultants, agents, equipment suppliers, software vendors, content contributors, affiliated entities, and successors (collectively, "Covered Parties") from any and all claims, demands, actions, causes of action, damages, costs, and expenses (including attorneys' fees) of any kind arising out of or related to Participant's use of or inability to use the Program, including without limitation claims for bodily injury, personal injury, illness, disability, death, property damage, or economic loss, whether caused by the ordinary negligence of any Covered Party or by any other cause permitted to be released under applicable law. Participant understands this is a release of liability for the ordinary negligence of Covered Parties to the fullest extent permitted by Arizona law.

7. Indemnification.

Participant agrees to indemnify, defend, and hold harmless the Covered Parties from any and all third-party claims, losses, damages, or expenses (including reasonable attorneys' fees) arising out of or related to Participant's use of the Program, Participant's breach of this agreement, or Participant's violation of any law or the rights of any third party.

8. Electronic Signature.

Participant agrees that tapping "I Accept" inside the Armored Heat application constitutes an electronic signature and has the same legal effect as a handwritten signature. This agreement is intended to be a legally binding record under the federal E-SIGN Act and the Arizona Electronic Transactions Act. Armored Heat will record and retain the date, time, user identifier, and technical metadata associated with each acceptance.

9. Binding Individual Arbitration; Class Action Waiver.

Any dispute, claim, or controversy arising out of or related to this agreement, the Program, or Participant's relationship with Armored Heat shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration shall take place in Maricopa County, Arizona, before a single arbitrator. The arbitrator's decision is final and binding. Participant waives any right to a jury trial. Participant also agrees that any arbitration or legal action will be conducted on an individual basis only and not as a class, collective, or representative action. If the class action waiver is held unenforceable, the entire arbitration provision will be void and disputes will proceed in the courts specified in Section 10.

10. Governing Law and Venue.

This agreement is governed by the laws of the State of Arizona without regard to its conflict of laws rules. If any dispute is not subject to arbitration under Section 9, exclusive venue shall be in the state or federal courts located in Maricopa County, Arizona, and Participant consents to personal jurisdiction there.

11. Severability.

If any provision of this agreement is held invalid or unenforceable, the remaining provisions remain in full force. Any invalid provision shall be modified to the minimum extent necessary to be enforceable.

12. Relationship to Other Agreements.

This agreement supplements Armored Heat's Terms of Service and Privacy Policy (available at armoredheat.com), each of which is incorporated by reference. In the event of a conflict between this agreement and the Terms of Service specifically on matters of liability, release, assumption of risk, or dispute resolution, this agreement controls.

13. Entire Agreement.

This agreement represents the complete understanding between Participant and Armored Heat on the matters it covers and supersedes any prior or contemporaneous waiver or release agreements between them, including any prior e-signature or paper waiver executed by Participant for use of the Program.

14. Changes to This Waiver.

Armored Heat may update this waiver from time to time. Material changes require Participant to re-accept the updated waiver at the next login before continuing to use the Program. The "Last updated" date at the top of this document identifies the current version.