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ACTIVITY WAIVER AND RELEASE

In exchange for participating in the Activity, I, the below-signed Participant, hereby agree as follows:

ACTIVITY DEFINED. I am signing this Activity Waiver and Release (the “Agreement”) in regards to the following event or activity (the “Activity”): Next Level TaijiQuan.  The Activity includes all activities or events provided, organized, or sponsored by the Activity Provider in any way related to the Activity, including, but not limited to, any travel, transport, or accommodations to or from the Activity location (s) provided by the Activity Provider. 

WAIVER AND RELEASE. I HEREBY ASSUME ALL RISKS OF MY PARTICIPATION IN THE ACTIVITY and waive all claims and forever release Next Level TaijiQuan, located at Cheesman Park Denver CO, 80218, including its officers, employees, successors, assigns, partners, agents, heirs, representatives, and volunteers (“Activity Provider”), as applicable,  in their individual or corporate capacities, of all claims, liabilities, agreements, and causes of action of any nature due to any injury, loss, or damage to person or property, including but not limited to serious or permanent physical injury, phycological injury, illness, death, and economic or emotional damages, that may arise out of my participation in the Activity, notwithstanding that such injury, loss, or damage may be due to Activity Provider’s negligence. 

INDEMNIFICATION. I agree to indemnify, defend, and hold harmless Activity Provider against all claims, liabilities, damages, judgments, expenses, and causes of action of any nature, including attorney’s fees and related costs, arising out of or related to my participation in the Activity, whether or not such causes of action may be due to Activity Provider’s negligence. 

PHYSICAL AND MENTAL FITNESS. I do not have any physical or mental limitations or disabilities that may limit or prevent me from safely participating in the Activity.  I agree that I will not participate in the Activity under the influence of any drugs that could impair my physical or mental abilities.  Activity Provider may require that I obtain an evaluation and clearance from a certified physician or healthcare provider certifying my ability to participate. 

GENERAL TERMS. This Agreement will be binding on and inure to the benefit of the parties and their respective heirs, representatives, executors, successors, and assigns.  The terms of this Agreement are severable.  This means that if any term of this Agreement is held to be invalid or unforeseeable, then the remaining terms will continue to remain valid and enforceable.  This Agreement represents the entire agreement between the parties and supersedes any and all prior oral or written agreements.  This Agreement may not be modified except by the written consent of both parties.  This Agreement will be governed and construed according to Colorado law and will be broadly construed to release Activity Provider from liability to the maximum extent permitted by the applicable law. 

ACKNOWLEDGEMENTS

I understand that I may not participate in the Activity unless I sign this Agreement. 

I AGREE THAT I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK.  I UNDERSTAND THAT THE ACTIVITY INVOLVES CERTAIN INHERENT RISKS, INCLUDING THE RISK OF PHYSICAL INJURY AND PROPERTY DAMAGE, AND THAT BY SIGNING THIS AGREEMENT I AM ASSUMING FULL RESPONSIBILITY FOR THESE RISKS AND FOREVER GIVE UP MY LEGAL RIGHT TO SUE OR OTHERWISE CLAIM AGAINST ACTIVITY PROVIDER FOR ANY INJURY, PROPERTY DAMAGE, OR OTHER LOSS THAT I MAY SUSTAIN DUE TO MY PARTICIPATION IN THE ACTIVITY WHETHER OR NOT DUE TO ACTIVITY PROVIDER’S NEGLIGENCE.

I agree to comply with all written and oral rules and instructions provided by Activity Provider regarding my  participation in the Activity.  I have been advised and instructed on the use of any protective equipment needed for the Activity. 

I agree that Activity Provider may make photo, audio, video, and other media recordings of my participation in the Activity, and Activity Provider will be the sole owner of all such media, which may be used for all lawful marketing or business purposes. 

I agree to pay all costs of any medical care or treatment that I may require as a result of my participation in the Activity.  I understand that I am responsible for obtaining my own health insurance.  I further agree to pay for any damages I cause to person or property due to my participation in the Activity as a result of my intentional, negligent, or reckless act or omission. 

I am signing this Agreement voluntarily and free of duress with the intention of binding my spouse, heirs, executors, legal representatives, and assigns, if any. 

I have fully read and understood this Agreement, and I have been encouraged and had an opportunity to seek independent legal advice concerning this Agreement prior to signing. 

I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING INJURY, LOSS, OR DAMAGE TO PERSON OR PROPERTY ARISING OUT OF MY PARTICIPATION IN THE ACTIVITY. 

PARENT OR LEGAL GUARDIAN CONSENT (only required if Participant is under 18 years old): As Participant’s parent or legal guardian, I agree to the terms of this Agreement and consent to Participant’s participation in the Activity. 

Media Consent and Release

By signing below, I consent to and give Next Level TaijiQuan, and its representatives, agents, subsidiaries, related entities, and assigns, (collectively, the “Company”) permission to take and create photographs, images, videos, recordings, quotes, summaries, biographies, and/or excerpts of and about me (collectively called the “Media”). 

I give permission to the Company to use and re-use, publish, distribute, and/or broadcast the Media, in whole or in part, individually or in conjunction with other photographs, images, videos, text, quotes, summaries, biographies, and/or excerpts, in any and all promotional, educational, business, trade, advertising, and marketing materials, including, but not limited to, in connection with product endorsements.  These materials may include emails, the Internet, social media, websites, and other electronic media, as well as traditional radio, television, cable television, newspaper, magazine, direct mail, catalogs, brochures, advertisements, promotional materials, press releases, training materials, and other uses in such medium and formats (whether now known or hereafter created or invented), at such locations, at such times and for such purposes as the Company chooses, in its sole discretion. 

I hereby waive any right that I may have to inspect or approve the finished product or products or the advertising copy or printed matter that may be used in connection with the Media or the use to which the Media may be applied.  In addition, I waive all rights that I may have to any claims for payment of any kind, whether money, property, or otherwise, related to the recording, production, publication, use or re-use of the Media. 

I understand that my name, nickname, pseudonym, likeness, voice, image, and/or biographical information may be used as part of or in connection with the Media.  I release and hold harmless the Company, from any and all claims that may arise out of or in connection with my participation in the recording, production, publication, use, and/or re-use of the Media including, without limitation, any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite or distorted form, whether intentional or otherwise, that may occur or be produced in the taking of any such photographs, portraits, or other materials or in any subsequent processing thereof.  

I understand that this Release applies in perpetuity. 

I have read the above authorization, release and agreement, before signing it, and that I am familiar with it and understand what it means.