Waiver

RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

Participant Name: ______________________________________________________________________

Mailing Address: ______________________________________________________________________

Date of Birth (mm/dd/yyyy): _____________________________________________________________

Primary Phone Number: _________________________________________________________________

Email Address: ________________________________________________________________________

Emergency Contact Name/Phone Number: __________________________________________________

1. a. ACTIVITY AND ASSOCIATED RISKS: I, the undersigned, have chosen to participate in a

FREEMAN TECHNIQUE Strength/Fitness Program (“the Program”), which is provided by

FREEMAN TECHNIQUE LLC (“FT”), and I understand and acknowledge that:

the Program focuses on physical activity which may be extremely strenuous, which may

include, but not limited to: boot camp classes, cardiovascular training, weightlifting

(including the use to weights, dumbbells, barbells and other strength training equipment),

calisthenics/gymnastics, cross-training, and I may be exposed to dangers and inherent

risks (that cannot be eliminated regardless of the care taken to avoid injuries) including

but not limited to overexertion, minor injuries such as scrapes, bruises, sprains and

strains, more serious injuries such as joint, muscle and bone injuries, concussions and

other head injuries, and catastrophic injuries and conditions such as heart attacks and

other injuries or conditions which could be fatal;

that I am in good health and physically fit to enter into a training program;

b. c. the Program or any correspondence with FT is not intended to be a substitute for

professional medical advice, diagnosis, or treatment. Always seek the advice of your

physician or other qualified health provider with any questions you may have regarding a

medical condition or your fitness to participate in a physical activity.

In consideration of the permission to participate in the Program, I agree to the terms below:

2. ASSUMPTION OF THE RISKS: I hereby freely assume the above-mentioned risks as well as

other risks not listed that are part of the Program, and any harm, injury or loss that may occur to

me as a result of my participation in the Program. I also understand that any equipment used is at

my own risk.

I further certify that I know of no medical or physical conditions that would increase my risk of

illness or injury as a result of my participation in the Program. With full understanding of the

above, I agree to assume any and all risk associated with my participation in the Program

3. RELEASE OF LIABILITY: I hereby release FT, its employees, agents, officers, and

contractors FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS

4. 5. 6. 7. that arise in any way from any injury, death, loss or harm that occur to me during the

Program or in any way related to the Program. This RELEASE does not extend to claims for

gross negligence, intentional or reckless misconduct, or any other liabilities that California law

does not permit to be excluded by agreement. I also agree NOT TO SUE or make a claim against

the Released Parties for death, injuries, loss or harm that occur during the Program or are related

in any way to the Program.

This Agreement and release from liability shall be binding upon me, my successors,

representatives, heirs, executors, assigns, and/or transferees.

INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY,

HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and

all claims to which Section 3 of this agreement applies, including claims for their own

negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released

Parties against all claims for my own negligence, and any other claim arising from my conduct

during the Program. In accordance with these promises, I will reimburse the Released Parties for

any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur

because of any such claims made against them. I agree that in the event of my death or disability,

the terms of this agreement, including the indemnification obligation in this Section, will be

binding on my estate, and my personal representative, executor, administrator or guardian will be

obligated to respect and enforce them.

AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the instructions as provided

regarding the performance of and execution of the Program.

Furthermore, I agree that the Program provided is for my personal use and shall not be shared

with anyone.

USE OF MY LIKENESS: I understand that during the Program I may be asked to submit photos

or videos of myself performing prescribed exercises, or that my name, likeness and performance

may be recorded during the course of the Program. To the fullest extent allowed by law, I waive

all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of

my name in connection with such likeness, and I grant to FT and its assigns permission to

whole or in part, in any form, without restrictions, and for any purpose.

If you would prefer that your likeness, image, photograph(s), or video is not shared, published or

used (including electronically) for promotional purposes, please send a request in writing to

team@freemantechnique.com.

SEVERABILITY: I agree that the purpose of this agreement is that it shall be an enforceable

RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as permitted by California

law. I agree that if any portion or provision of this agreement is found to be invalid or

unenforceable, then the remainder will continue in full force and effect. I also agree that any

invalid provision will be modified or partially enforced to the maximum extent permitted by law

to carry out the purpose of this agreement.

8. APPLICABLE LAW, FORUM & ATTORNEY’S FEES: This agreement is governed by and

shall be construed in accordance with the laws of the state of California, without any reference to

its choice of law rules. I agree that any dispute arising from this Agreement or in any way

associated with the Program shall be brought only in California and I agree to the jurisdiction and

venues of those courts for any such dispute. In any litigation in which the validity or

enforceability of this agreement is contested, I agree that the non-prevailing party will pay all

attorney’s fees and costs of the parties seeking to uphold the agreement.

I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT

BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS, OR

OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS

CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS

MY LEGAL RIGHTS AND I SIGN OF MY OWN FREE WILL.

Name of Athlete/Customer: ______________________________________________________________

Signature of Athlete/Customer: ______________________________ Date (mm/dd/yyyy):____________