WAIVER AND RELEASE OF LIABILITY

PER4ORM’S PROGRAMS ARE SPECIFICALLY DESIGNED TO IMPROVE SPORTS PERFORMANCE. THIS TYPE OF TRAINING IS HIGHLY EFFECTIVE FOR ATHLETES AND NON-ATHLETES, BUT CAN RESULT IN BODILY INJURY.

In consideration of my use of the exercise equipment, facilities and training programs provided by Per4orm, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that Per4orm and its insurers, employees, independent contractors, officers, directors, and associates (collectively the “Company”), are not liable for any damages or any injuries (including death) sustained by me or any of my guests, and will not be subject to any claim, demand, injury, or damages whatsoever, including without limitation, those damages from acts of passive or active negligence on the part of the Company.

I understand that exercise involves certain risks, including but not limited to, serious neck and spinal injuries resulting in complete or partial paralysis, heart attack, stroke or even death. Also, injuries could occur to bones, joints or muscles. Slips, falls, and unintended loss of balance could result in muscular, neurological, orthopedic or other bodily injury. I understand that part of the risk involved in undertaking any activity or program is relative to my own state of fitness or health (physical, mental, or emotional) and to the awareness, care and skill which I conduct myself in that activity or program. I have executed the Liability Waiver with full appreciation of those risks.

I accept the risk of, and assume full responsibility for, all injuries, damages (both economic and non-economic), and losses of any type, which may occur to me, and I expressly forever release, indemnify, hold harmless, and discharge the Company from all such claims, demands, injuries, damages, actions or causes of action, present or future, whether the same be known or unknown, anticipated or unanticipated.

I understand the risks that I am assuming and that I am solely responsible for my safety and well-being despite the fact that the Company may provide supervision, instruction, and assistance. I will comply with all rules imposed by the Company and I will conduct myself in a controlled and reasonable manner at all times. I understand that sports performance training and the use of exercise equipment involves risk of serious injury, including permanent disability and death.

The Company is not responsible for property that is lost, stolen, or damaged while in, on, or about the premises.

I understand and agree that my use of the facilities and equipment is only to be undertaken on my own personal time, and that my use of the facilities and equipment is not within the course or scope of my employment.

I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY, I FULLY UNDERSTAND THAT THIS IS A WAIVER AND RELEASE OF LIABILITY, AND I HAVE VOLUNTARILY EXECUTED IT WITH FULL KNOWLEDGE OF ITS CONTENT.

I understand that this Liability Waiver is intended to be as broad and inclusive as permitted by the State of Florida and agree that if any portion is held invalid, the remainder will continue in full force and effect.

I also understand that Per4orm frequently shoots videos and photographs of the workouts and other activities at its facility. Those videos and photographs are, and will remain, the exclusive property of Per4orm and may be used for demonstrations as well as in marketing materials, advertising and otherwise. By using the facility, you irrevocably grant Per4orm the right to use those photographs, videos, and your likeness for advertising, publicity and the promotion of the Per4orm brand in all forms of print and electronic media.