THE SHREDDER CHALLENGE – LEGALLY BINDING AGREEMENT

WAIVER AND RELEASE OF LIABILITY: In consideration of being allowed to participate in the The Shredder Challenge, on behalf of myself and my next of kin, heirs, and representatives, I hereby release from any and all liability and promise not to sue Fivestar Nutrition, Built To Win, Participating Gyms and Affiliates, and their respective employees, officers, directors, volunteers, and agents (collectively and hereinafter “Releasees”) from any and all claims, including claims of negligence, resulting in any physical or psychological injury, including paralysis and death, illness, damages, or economic or emotional loss I may suffer in any way related to my participation in The Shredder Challenge.

VOLUNTARY ASSUMPTION OF RISK: I am voluntarily participating in The Shredder Challenge. I am acutely aware of the risks associated with physical exercise, weight loss, strength training, supplement use, personal training, use of gym equipment, and use of facilities on the premises of Releasees, but nevertheless voluntarily choose to participate in the The Shredder Challenge. By so doing, I assume the risk of participation in any activity, class, program, instruction, and/or event in any way related to The Shredder Challenge and assume all risk of injury, illness, damages, or economic or emotional loss I may suffer.

CONSULT YOUR PHYSICIAN: I hereby acknowledge that Releasees are not medical doctors and are not offering or providing medical advice. Releasees have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise or activity on a medical condition. Releasees have strongly recommended that I consult with my physician before participating The Shredder Challenge. Releasees have also recommended that I be in good physical condition and health before participating in The Shredder Challenge.

INDEMNITY AGREEMENT:  In consideration of being allowed to participate in The Shredder Challenge, I hereby agree to indemnify and hold Releasees harmless from any and all causes of action, claims, demands, losses, and/or costs of any nature whatsoever arising out of or in any way relating to my participation in The Shredder Challenge. If I require medical treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

PUBLICITY, USE OF LIKENESS, AND PHOTO RELEASE:  I hereby grant Releasees the absolute and irrevocable right and unrestricted permission to use my name, likeness, image, voice, and/or appearance as such may be embodied in any photos, video recordings, audiotapes, digital images, and the like, taken or made on behalf of Releasees and/or submitted to Releasees in connection with The Shredder Challenge. I hereby irrevocably consent to the use of my name, likeness, image, voice and/or appearance by Releasees for the purpose of advertising and promotion in any media throughout the world in perpetuity, including, but not limited to, on the world wide web.

I agree that Releasees shall own all right, title and interest to any photos, video recordings, audiotapes, digital images, or other media taken or made on behalf of Releasees and/or submitted to Releasees in connection with The Shredder Challenge and that they may exploit, edit, modify and distribute such media, without limitation, and without compensation, further permission, or notification to me. I hereby waive any right to royalties or other compensation arising out of Releasees’ use of my likeness or such media. I hereby waive any inspection or approval of use of my likeness or such media. I also waive and release Releasees from any and all claims based on invasion of privacy, right of publicity, defamation, libel, false endorsement, or claim of visual or audio alteration or faulty mechanical reproduction.

THIS AGREEMENT IS ENFORCEABLE AND LEGALLY BINDING:  I understand this agreement is written to be as broad and inclusive as legally permitted by the State of California. I agree that if any portion of this agreement is held invalid or unenforceable, I will continue to be bound by the remaining terms.

BY ENTERING THE CHALLENGE AND PURCHASING THE SHREDDER PASS, I HEREBY CERTIFY THAT I AM 18 YEARS OR OLDER AND LEGALLY COMPETENT TO SIGN THIS AGREEMENT. I UNDERSTAND THAT THE TERMS OF THIS AGREEMENT ARE LEGALLY BINDING AND CERTIFY THAT I AM SIGNING THIS AGREEMENT, AFTER HAVING CAREFULLY READ IT, OF MY OWN FREE WILL.

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