Release of Liability - Assumption of Risk

 

For purposes of this “Release of Liablity” document, “Burn N Shed™” means ANY workout that I may attend now or in the future, at any location, any and all transportation to, from and between any Burn N Shed™ workout locations, all product testing at any Burn N Shed™ workout, and all other activities related to any Burn N Shed™ workout and to my participation in any Burn N Shed™ workout. In consideration of the opportunity to participate in Burn N Shed™, I acknowledge and agree that:
1. ASSUMPTION OF RISK. Participation in or attendance at Burn N Shed™ involves inherent risks and dangers of accidents, personal and bodily injury (including death) and property loss or damage. These may result from my own actions or inactions, as well as the actions or inactions of others, the rules of play, and the condition of the facilities and equipment. Further, there may be other risks not known to me and not reasonably foreseeable at this time. I have considered the nature and extent of the risks involved, and I voluntarily choose to assume all such risks, both known and unknown, even those risks that result from the negligence of the Released Parties (defined below) or others and assume full responsibility for my participation in Burn N Shed™. I consent to treatment in Burn N Shed™ of an emergency or other incident in which, in the reasonable judgment of the on-site personnel, I require medical care. I further agree to pay all costs associated with such medical care and to indemnify and hold harmless the Released Parties from any costs or claims arising from such medical care.
2. RELEASE FROM LIABILITY. I, for myself and on behalf of my heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge JoZ KnowZ, and the affiliates and subsidiaries of JoZ KnowZ, their respective officers, directors, shareholders, employees, agents, distributors, representatives, contractors, successors, assigns, and insurers, all Burn N Shed™ sponsors, advertisers, volunteers, and staff, and all owners or lessors of premises used in connection with Burn N Shed™ (collectively the “Released Parties”) from any and all claims or causes of action I may have for damages for personal or bodily injury, disability, death, loss or damage to person or property relating in any way to Burn N Shed™, whether arising from the negligence of any or all of the Released Parties or otherwise, to the fullest extent permitted by law.
3. AUTHORIZATION TO RECORD AND USE RECORDINGS, NAME AND BURN N Shed™ INFO. I hereby grant to JoZ KnowZ, its affiliates, subsidiaries, successors, assigns and licensees (collectively “JoZ KnowZ”) permission to film, photograph, video record and otherwise record my image, voice, or any other aspect of the recording at Burn N Shed™ (collectively the ‘Recording’) and the right, throughout the world, in perpetuity, to register for copyright, to use and to assign and/or license others to use all or any portion of the results thereof (or a reproduction thereof), in all media and in any manner now known or hereafter developed, in connection with Burn N Shed™ or otherwise without any additional consideration. I shall have no right of approval and no legal claim arising out of any use or editing of the Recording or my name. If applicable, I also hereby grant JoZ KnowZ permission to display my name, Burn N Shed™ standings and results, in any media and in any manner now known or hereafter developed. JoZ KnowZ shall have no obligation to use any of the rights I grant. I represent that it is not necessary for JoZ KnowZ to obtain permission from or to pay any third party in connection with the rights granted in this paragraph.
4. LICENSE TO USE COMMENTS, FEEDBACK AND IDEAS. I hereby grant to JoZ KnowZ a perpetual license to use all comments, feedback and ideas I may share with them, without notice, compensation or acknowledgement to me, for any purposes whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving products and services.
5. ARBITRATION. In the event  of any dispute between me and any of the Released Parties (defined above), such dispute shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (but not its Procedures for Large, Complex Commercial Disputes). The hearing shall be conducted in Los Angeles, CA unless both parties consent to a different location. The decision of the arbitrator shall be final and binding upon all parties, and judgment upon the award rendered pursuant to such arbitration may be entered in any court of competent jurisdiction. I have read this Release of Liability, am over the age of majority, fully understand and agree to its terms, and understand that I am giving up substantial rights by agreeing to it. I agree to this Release of Liability freely and voluntarily, without any inducement or coercion.