This Release, Waiver and Hold Harmless Agreement (“Release”) is made by and between the person identified in the signature block, below, as “Me”, “I”, “My” etc., on the one hand, and SKELCORE, LLC, a Delaware limited liability company with a principal place of business in Miami, Florida, U.S.A. (“Skelcore”), on the other hand. This Release is entered into and effective on the day, month and year set forth above. In exchange for good and valuable consideration that includes participating in and/or observing Skelcore’s educational and entertainment services (e.g., workshop(s), class(es), or event(s) (collectively, the “Program”), I agree as follows:

The Program is provided on an “as-is” and “as available” basis without any warranties, express or implied. Like any physical activity or exercise program, the Program presents risks and participants may be injured while participating in the Program. I agree to consult with a doctor, and to recommend that participants consult with a doctor, before beginning the Program. I consent to receive or allow medical treatment that may be deemed advisable in the event of injury, accident and/or illness during the Program. I understand that all medical costs will be My sole responsibility and will not be Skelcore’s responsibility. I assume risk of any and all dangerous conditions in and around the premises and waive any and all specific notice of the existence of such conditions. I agree to inspect for and to assume the risk of any and all injuries that might result from participating in or observing the Program.

I understand that others, with or without My consent, may photograph, video, record, use or reproduce the Program (collectively, “Recordings”). I agree that Skelcore may freely make or use Recordings of me and that Skelcore (and not I) exclusively owns any Recordings taken by or for Skelcore. For any Recording(s) of me used by Skelcore, I grant Skelcore an irrevocable, perpetual, universe-wide, transferable, royalty-free license to use Recordings for any purpose and in any form or media that exists now or in the future. I agree that, upon the request of Skelcore, I will assign and transfer ownership of any Recordings I take. As to both licensed and assigned Recordings, I irrevocably and forever waive any likeness, moral or artist rights that may not be assigned or licensed. Finally, I agree to execute any further documentation Skelcore needs to give effect to this paragraph.

I agree to release, indemnify and hold harmless Skelcore and its affiliates (including but not limited Skelcore, LLC and V Pilates, LLC) and their owners, directors, employees, successors, assigns and legal representatives from all claims, damages or losses of any kind (including reasonable attorneys’ fees) (collectively, “Losses”) that directly or indirectly result from or relate to My participation or observing the Program (including but not limited to relating to My acts or omissions). My release covers present and future Losses, whether they arise or relate to the Program, the Recordings, or any Skelcore rights or obligations and regardless whether the Losses arise or relate to acts or omissions of Skelcore® instructor(s) or trainer(s), other participant(s), or unrelated third parties, and further regardless of what standard of care applies, and further regardless whether Losses are claimed by Me or a third party. I know California Civil Code Section 1542 says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Regardless, I still expressly waive and release any rights I may have under this law, as well as under any other similar statute or common law principle anywhere in the world.

This Release contains the entire agreement between the parties and supersedes any prior written or oral agreements between them concerning the subject matter of this Release. Neither party has relied upon any representation (verbal or written) that is not stated in this agreement. The provisions of this Release may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties. This Release shall be binding upon Me. It is enforceable only in the Courts of Miami-Dade County, Florida, U.S.A. and controlled exclusively by the laws of the United States and the State of Florida without regard to conflicts of law principles. I waive any right(s) I have to a jury trial or to participate as a class representative or in a class action, and I waive any defenses based upon personal jurisdiction, venue or an inconvenient forum. If any part of this Release is invalid, the rest of the Release is not.

I read, understand, and fully agree to each and every term of this Release, Waiver and Hold Harmless Agreement. By signing this agreement, I warrant, represent, and promise:

I agree to these terms

I confirm and intend to give up potential future legal rights; I confirm and intend to bind My executors, administrators, heirs, next of kin, successors, lawyers, and assigns; sign this Release that I understand freely, voluntarily, and willingly; anc I am 18 years old or older and mentally capable of understanding what I am signing.

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Release, Waiver & Hold Harmless Agreement

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