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Waiver and Liability agreement

INFORMED CONSENT FORM, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (the “Release Agreement”)

Nautilus Surf Performance LLC, Surf Strength Coach, Surf Athlete, and Cristopher Mills

I have voluntarily enrolled in a health & fitness program (the “Program”) offered through the Surf Athlete, Surf Strength Coach, Cristopher Mills, and Nautilus Surf Performance LLC. I recognize that the Program may involve strenuous physical activity including, but not limited to, flexibility, mobility, strength, stretching, body control, and other various fitness activities (collectively, the “Fitness Activities”).

I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in the Program or Fitness Activities. I have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed. If I have chosen not to obtain a physician’s consent prior to beginning the Program, I hereby acknowledge and agree that I am doing so solely at my own risk. I understand that it is my sole responsibility to participate in exercises that are appropriate for the current status of my health. If I have any questions or concerns about whether or not a particular activity is appropriate to my current health status, I understand it is my responsibility to ask my doctor if this activity is appropriate before I participate in such activity.

The information and contents of this course are for informational and educational purposes only. Nothing found on the Surf Strength Coach website, Surf Athlete App, or the Program is intended to be a substitute for professional or 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 disorder. Reliance on any information provided by Surf Athlete, Surf Strength Coach, Cristopher Mills, and Nautilus Surf Performance LLC is solely at your own risk.

I agree not to hold Surf Athlete, Surf Strength Coach, Cristopher Mills, and Nautilus Surf Performance LLC and their directors, officers, employees, agents, contractors, representatives, successors and assigns (collectively, the “Releasees”)responsible for the actions or omissions of the other program participants. I have been informed, understand, and am aware that the Fitness Activities, including the use of equipment, are potentially hazardous activities. I also have been informed, understand, and am aware that the Fitness Activities involve a risk of injury and that I am voluntarily participating in these activities and using equipment with full knowledge, understanding, and appreciation of the dangers involved and freely accept and fully assume all such risks.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the Releasees allowing me to participate in the Program, I hereby agree as follows:

  1. I hereby waive any and all claims, costs, liability and expense for any injury, loss or damage including death whether known, anticipated or unanticipated against the Releasees arising from my participation and enrolment in the Program or Fitness Activities;
  2. To hold harmless and indemnity the Releasees from any and all liability for any property damage or personal injury to any third party resulting from my participation in the Program or Fitness Activities;
  3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
  4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the United States of America and no other jurisdiction; and
  5. Any litigation involving the parties to this Release Agreement shall be brought solely within the United States of America and shall be within the exclusive jurisdiction of the Courts of the United States of America.

I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND IT. I UNDERSTAND THAT IT CONTAINS A RELEASE OF LIABILITY. BY SIGNING THIS DOCUMENT, I AM WAIVING CERTAIN RIGHTS I OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST THE RELEASEES.