I, (“I” or “me”), desire to participate in bungee dance classes, training, and other related services (the "Activity" or “Activities”) provided by Core Bungee Fitness Plus, a California based company known as Two Fit Girl Inc. (Core Bungee Fitness Plus). As lawful consideration for being permitted by Core Bungee Fitness Plus to participate in the Activity or Activities, I agree to all the terms and conditions set forth herein.
I am aware and understand that all Activities offered by Core Bungee Fitness Plus may involve intense physical exercise while strapped into a bungee device and other forms of intense physical exercise. I am aware and understand that these Activities carry inherent risks and hazards and can be dangerous. I am aware and understand that the Activities involve the risk of serious injury, disability, death, and/or property damage. Despite the potential risks and hazards related to the Activities, I voluntarily agree to participate in the Activities and hereby accept and assume all such risks, known and unknown, and assume all responsibility for the losses, costs, and/or damages following such injury, disability, paralysis, or death, even if caused, in whole or part, by the negligence of Core Bungee Fitness Plus. I agree to follow all the instructions so that I may safely participate in the Activities. I hereby consent to and permit any emergency treatment in the event of injury or illness.
I represent and warrant that I am in good physical health and do not suffer from any type of medical condition which would limit my participation in or is otherwise incompatible with the Activities, the classes, and/or training offered by Launch. I understand that it is my responsibility to consult with a physician prior to, and regarding my, participation in any of the Activities, the classes, and/or training offered by Core Bungee Fitness Plus. I acknowledge and agree that if I am under the influence of alcohol, drugs, medications, and/or other substances that I will not engage in the Activities. I also understand the nature of the Activities and my experience and capabilities and believe I am qualified and able to participate in the Activities.
I hereby expressly waive and release any and all claims, now known or hereafter known, against Core Bungee Fitness Plus, and its officers, directors, employees, agents, affiliates, successors, and assigns (collectively, with Core Bungee Fitness Plus, the "Released Parties"), on account of injury, death, or property damage arising out of or attributable to my participation in the Activities, whether arising out of the negligence of the Released Parties or otherwise. I covenant not to make or bring any such claim against the Released Parties, and forever release and discharge the Released Parties from liability under such claims. I shall defend, indemnify, and hold harmless the Released Parties against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, and/or expenses of whatever kind, including attorney fees, fees and the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers arising out or resulting from any claim of a third party related to the Activities.
I hereby irrevocably authorize and license the Released Parties the right to use, display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, and exploit my name, image, likeness, appearance, and voice in all materials created by or on behalf of the Released Parties that incorporate any of the foregoing (collectively "Materials") all of which are owned solely by the Released Parties, on a perpetual basis throughout the world and in any medium or format whatsoever now existing or hereafter created and for any purpose, including but not limited to, advertising, public relations, licensing, publicity, packaging, and promotion of the Released Parties and their affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to me. I hereby irrevocably release and discharge the Released Parties from any and all claims I might have, including those for copyright or trademark infringement, infringement of moral rights, defamation, invasion of rights of privacy or rights of publicity, false light, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world arising directly or indirectly from the exercise by the Released Parties of their rights hereunder and the use and exploitation of the Materials.
This Release constitutes the sole and entire agreement between me and Core Bungee Fitness Plus with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall ensure the benefit of Core Bungee Fitness Plus and myself and our respective successors and assigns. If any action is undertaken by law or in equity to construe, enforce, and/or interpret the provisions of this Release, Core Bungee Fitness Plus shall be entitled to an award (fixed by a court of competent jurisdiction) of its reasonable attorney’s fees and costs incurred in prosecuting and/or defending such action if Core Bungee Fitness Plus is deemed a prevailing party. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the District Court of Los Angeles County, California and/or the United States District Court for the Western District of California and I hereby consent to the exclusive jurisdiction of such courts.