Harness Cycle Waiver

RELEASE, INDEMNIFICATION, HOLD HARMLESS, AND AUTHORIZATION TO REPRODUCE PHYSICAL LIKENESS AGREEMENT

In consideration of participating in activities conducted by or associated with Harness Cycle, LLC an Ohio limited liability company ("Harness Cycle, LLC"), and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Harness Cycle, LLC and its members, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:

Section 1.

I acknowledge that health or fitness club activities, (collectively, "activities") involve known and unanticipated risks which could result in injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, musculoskeletal injuries, broken bones, and/or overuse injuries, injuries caused by equipment that breaks or otherwise fails; medical conditions resulting from physical activity; risk of exposure to communicable diseases, viruses, bacteria or illnesses (including, but not limited to COVID-19, or the causes thereof); and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.

Section 2.

I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.

Section 3.

I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in any activity, or my use of their equipment or facilities, even those arising from Releasees negligence. This release does not apply to claims arising from intentional conduct. Notwithstanding the foregoing, should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

Section 4.

I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in any activities, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in any activities, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.

Section 5.

I hereby grant to Releasees and to the press and media admitted into Releasees’ Activities the right to photograph, videotape, or otherwise digitally collect my likeness, voice and sounds (“Works”) during my participation in any activities. I further acknowledge the Works by Releasees to be works made for hire, and otherwise irrevocably assign and grant to Releasees all rights in these Works and the right to use or sublicense these Works and my name, likeness and biography, in Releasees’ discretion, in all media and in all forms and for all purposes, including without limitation, advertising and other promotions for Releasees, without any further consideration to me or any limitation whatsoever.

Section 6.

In the event that I file a lawsuit, I agree to do so solely in the state where Releasees’ facility is located, and I further agree that the substantive law of that state shall apply.

Section 7.

I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. * By signing this document, I agree that if I am hurt or my property is damaged during my participation in any activities, then I may be found by a court of law to have waived my right to maintain a lawsuit against Releasees on the basis of any claim for negligence. Further, I hereby release the Releasees (and all persons acting under its permission or authority) from all claims for libel, slander, invasion of privacy, infringement of copyright or right of publicity, or any other claim related to the Works (collectively, “Claims”). *

I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that activities might not be made available to me or that the cost to engage in any activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain.

I have read and understood this document and I agree to be bound by its terms.