FITNESS AND NUTRITION PROGRAM WAIVER & RELEASE OF LIABILITY

 

ASSUMPTION OF RISK/RELEASE AND INDEMNIFICATION AGREEMENT

I agree that I am eighteen years of age or older and have voluntarily applied to participate in the Training and/or Nutrition Program provided to me and/or the individualized and group sessions offered by Mikki Williden and any affiliate (collectively the “Training”), and I hereby voluntarily enter into this Assumption of Risk/Release and Indemnification Agreement with Mikki Williden and any affiliate (the “Release”).

I realize that my participation in the Training carries with it risk of injury/illness, even when all rules are followed and conditions are optimal. There are various safety challenges that can increase injury risk potential. Some safety challenges are readily identifiable and addressed, including but not limited to: (i) environmental conditions such as swimming in open water, encounter of sea life such as dolphins, whales, jellyfish, stingrays, sharks as well as encounter of foreign objects, running or cycling on pavement or on trails which may involve wildlife, insects, foreign objects, vehicular traffic, vehicular collisions and exposure to inclement weather such as hot sun, desert conditions, gusty winds, torrential rains, hail, freezing temperatures, intense cold, hypothermia, lightening, thunderstorms, excessive heat and humidity; (ii) Training with other athletes which may involve athlete collisions, riding in pelotons, fast and technical group rides, flying or disabled equipment, failure of the Athlete or other athletes to follow proper instructions or traffic and safety laws; and (iii) Individual Training challenges such as the lack of proper administration of liquids frequently during Training, failure to take in proper nutrition, failure to sleep or rest adequately, utilizing improper weight lifting techniques, failure to follow instructions, the lack of use by the Athlete of high quality, durable and safe protective equipment, failure to maintain Athlete Training equipment in good working order, intense Training with speed and endurance factors, using fast running treadmills, wind trainers or weight equipment, using improper cycling gear or footwear, knowingly using dangerous or faulty equipment, Training when environmental conditions are dangerous (high heat/high humidity, thunderstorms, lighting, severe cold temperatures), Training when Athlete health is not optimal and engaging in high intensity or high volume Training or executing new skills without adequate fitness, or Training with a pre-existing injury. Other safety problems may be less clearly identified including but not limited to mechanisms of head and neck injuries, ankle and knee injuries, challenges with internal organs or heart conditions and, therefore, prevention and protection are difficult. Risk can be increased due to the Athlete’s lack of compliance with specified instructions or failure to follow assignments. I acknowledge that even in the best conditions or Training facilities, with adequate supervision, use of all protective equipment, and compliance with all of the rules, there remains an inherent risk of injury/illness in any Training activity.

I acknowledge that voluntary participation in the Training may expose me to hazards or risks that may result in my personal injury/illness or death. I acknowledge that I am aware of the risks of injury/illness and am knowledgeable concerning rules, equipment and safety practices employed to minimize my risk of sustaining an injury/illness while participating in the Training and related activities. I agree to use all required protective equipment and follow all rules and instructions from Mikki Williden and any affiliate coaches and staff regarding my safety. I agree to obey all rules and regulations regarding safety and traffic laws, open water and swimming pool rules and regulations as well as all rules and ordinances of any track facilities and running trails or wherever the Training takes place. Also, I have no known physical infirmities which could be worsened or aggravated by my participation in the Training and I declare

myself physically fit and in good medical condition to engage in all Training. But for this Release, I would not be permitted to participate in the Program. I also agree and understand that I can voluntarily choose to not participate in any Program session. I agree to notify Mikki Williden and any affiliate by contacting Mikki Williden immediately and informing her if I am hurt, injured or otherwise encounter any risk or danger in the course of the Training. I agree to notify Mikki Williden and any affiliate immediately or as soon as practical if a material change in my overall health or medical condition occurs or if I suffer a serious illness, torn muscle, serious strain or broken bone.

In consideration of my participation in the Training sessions and of my use of facilities and equipment of Mikki Williden and any affiliate, its members, officers, managers, employees, coaching staff, agents, advisors or each of their affiliates, landlords, lessors or independent contractors and representatives, I hereby accept all risk to my health and of my injury or death that may result from such participation in the Training. I hereby release the Mikki Williden from any and all liability in any way resulting or arising from any injuries (including death), damage, loss or costs that may incur as a result of my participation in the Training. I intend this Release to be binding upon my family members, heirs, executors, administrators and assigns. I further agree to indemnify and hold harmless Mikki Williden from liability for the injury or death of any person(s) and damage to property that may result from my or other’s negligent or intentional act or omission while participating in the described Training.

By executing this Release, I agree to waive any and all claims that I might otherwise have had against the Mikki Williden for any reason whatsoever. I fully understand that if any fact with respect to which this Release is executed is found hereafter to be other than or different from the facts in that connection believed by me to be true, I expressly accept and assume the risk of such possible difference in fact and agree that the Release set forth herein shall be and remain effective notwithstanding such difference in fact. I understand, if I wish, I may consult with an attorney or other advisor of my choice before signing this Release. I acknowledge by my signature below that no other promises are made to me in order to induce me to sign this Release, and that this document includes a release of all claims, known or unknown.

I have carefully read this Release and I understand that it is a legally binding document that affects my legal rights and remedies. This Release shall be governed by and construed in accordance with the laws of New Zealand and exclusive venue for any and all claims or disputes arising out of the Training contemplated hereunder or arising out of or regarding this Release shall lie in New Zealand regardless of the place or places of physical execution or performance hereunder.