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WAIVER AGREEMENT – CRUSH CANCER PARTICIPANT - MINOR

For good and valuable consideration (the receipt and adequacy of which is acknowledged by the undersigned), the undersigned hereby agrees as follows:

The undersigned has requested that each Minor be permitted to exercise in and/or participate in, and/or use, the equipment, facilities, programs, personal training instruction, classes, activities, and/or other services or events provided by, or sponsored by, a health and fitness club owned or operated by a “USF Entity” (as defined below) (each such health and fitness club, a "Club"), in each case whether on or off a Club's premises (collectively, the "Club Facilities").

The undersigned, on behalf of the undersigned and each Minor, hereby acknowledges, agrees, represents, warrants, and covenants, for the benefit of each "USF Party" (as defined below), that (i) such Minor is voluntarily engaging in physical exercise, (ii) such Minor does not have any congenital, physical, or mental health problems, including, without limitation, any cardiovascular, neurological, or any other illness, disability, disease, or other condition, that will prevent such Minor from exercising in a Club and/or participating in, and/or using, any Club Facilities without injury to such Minor or impairment of such Minor's health, (iii) such Minor has consulted a licensed physician concerning an exercise program that will not subject such Minor to risk of injury or impairment of health and such Minor's physician has approved such Minor's contemplated participation in and/or use of Club Facilities, and (iv) no employee of any USF Entity has given such Minor any medical advice and such Minor is relying solely on the advice of such Minor's physicians regarding such Minor's ability to exercise or participate in, and/or use, any Club Facilities. If any Minor has any special exercise requirements or limitations, the undersigned shall disclose such requirements and limitations to the Club in writing (which must be signed by the undersigned and the General Manager of such Club) before such Minor participates in or uses, or when seeks help or advice regarding, any Club Facilities.

The undersigned, on behalf of the undersigned and each Minor, acknowledges and understands that if a Minor engages in physical activities and participation in and/or use of the Club Facilities, this involves an inherent risk of loss or injury to persons or property. The undersigned, on behalf of the undersigned and each Minor, further understands that this risk includes, without limitation, loss or injury arising from or relating to (i) such Minor's participation in and/or use of the Club Facilities (including locker rooms and spa, pool, shower, and other wet areas in a Club), whether supervised or unsupervised and whether on or off Club premises; (ii) any dietary recommendations by any Club staff, (iii) medical disorders resulting from such Minor's participation in and/or use of the Club Facilities including, without limitation, death, serious neck and spinal injuries resulting in complete or partial paralysis, heart attacks, stroke, injury to bones, joints, or muscles, and complications or other consequences relating thereto; (iv) accidents (whether caused by such Minor or any other person), including, without limitation, slip and fall accidents in or around Club premises (including, without limitation, hallways, locker rooms, lobbies, pool and other wet areas, and parking areas), while participating in and/or using Club Facilities or traveling to/from the Club; and (v) theft or loss of personal property (including, without limitation, personal property kept in lockers). The undersigned, on behalf of the undersigned and each Minor, expressly agrees that (a) such Minor is participating in and/or using the Club Facilities at such Minor's sole risk and both such Minor and the undersigned have knowledge of the dangers involved, and (b) to the extent permitted under applicable law, the undersigned and such Minor, jointly and severally, assume all risk of damage, destruction, theft, or other loss and/or injury to persons or property (including, without limitation, the risks enumerated above) and full responsibility for such loss or injury whether due to participating in and/or using the Club Facilities, improper supervision or instruction, or for any other reason whatsoever, including, without limitation, ordinary negligence on the part of any "USF Entity" (as defined below) or their respective principals, contractors, Affiliates, employees, equity holders, directors, officers, agents, representatives, guests, or invitees (each a "USF Party") (each such injury or loss, a "Loss"). The undersigned, on behalf of the undersigned and each Minor, acknowledges and understands that the undersigned and each Minor are cautioned against bringing valuables onto Club premises. "USF Entity" means US Fitness Holdings, LLC ("Holdings"), Sport & Health Holdings, LLC (“S&H”), or any of their respective "Affiliates" (as hereinafter defined) or subsidiaries. "Affiliate" means any person or entity directly or indirectly controlled by, controlling, or under common control with Holdings or S&H, and the term "control", and terms correlative thereto, shall mean direct or indirect ownership of not less than fifty percent (50%) of all of the voting stock or other controlling legal or equitable interest in the subject person/entity.

To the extent permitted under applicable law, the undersigned, on behalf of the undersigned and each Minor, jointly and severally (a) waives any and all claims and rights that the undersigned or any Minor may now or hereafter have against any USF Party for any Loss; and (b)(i) releases, discharges, holds harmless, and indemnifies each USF Party from, (ii) agrees to pay on behalf each USF Party or reimburse each USF Party for, and (iii) covenants not to sue any USF Party with respect to, any and all now existing or hereafter arising claims, losses, injuries (including, without limitation, death), causes of action, suits, judgments, demands, fees, costs, expenses (including, without limitation, attorneys' fees, costs, and expenses), damages, and other liabilities with respect to any Loss. The undersigned, on behalf of the undersigned and each Minor, acknowledges that the undersigned (i) has carefully read this Agreement and fully understands its terms; and (ii) to the extent permitted under applicable law, is waiving any right to bring any action or make a claim against any USF Party with respect to any Loss and if any such action or claim is brought, such action or claim shall constitute a Loss subject to the provisions of the immediately preceding clauses (a) and (b). The provisions of this paragraph shall survive the termination of the Minor(s)’ use of any Club Facilities.

The undersigned also acknowledges and agrees that each Minor is using the Club Facilities as a voluntary participant of Crush Cancer (“Crush Cancer”), a program of the Southeast Virginia Community Foundation or SEVACF (“SEVACF”), which is a fundraising event in Virginia Beach, Virginia benefitting Cycle for Survival.  The undersigned further acknowledges and agrees on behalf of the undersigned and each Minor that the acknowledgements, representations, agreements, warranties, and understandings of and on behalf of undersigned and each Minor set forth in Sections 2, 3 and 4 of this Waiver Agreement shall also apply to the undersigned’s participation in Crush Cancer and are also made by the undersigned on behalf of the undersigned and each Minor to and for the benefit of  Crush Cancer and SEVACF.  To the extent permitted under applicable law, the undersigned on behalf of the undersigned and each Minor, jointly and severally (a) waives any and all claims and rights that the undersigned and/or any Minor may now or hereafter have against Crush Cancer and/or SEVACF and their respective principals, contractors, affiliates, employees, equity holders, directors, officers, agents, representatives, guests, or invitees for any Loss arising from or in connection with Crush Cancer; and (b) releases, discharges, holds harmless, and indemnifies Crush Cancer and SEVACF and their respective principals, contractors, affiliates, employees, equity holders, directors, officers, agents, representatives, guests, or invitees from, and covenants not to sue Crush Cancer and/or SEVACF and their respective principals, contractors, affiliates, employees, equity holders, directors, officers, agents, representatives, guests, or invitees with respect to, any and all now existing or hereafter arising claims, losses, injuries (including, without limitation, death), causes of action, suits, judgments, demands, fees, costs, expenses (including, without limitation, attorneys' fees, costs, and expenses), damages, and other liabilities with respect to any Loss arising from or in connection with Crush Cancer. The undersigned on behalf of the undersigned and each Minor acknowledges that the undersigned (i) has carefully read this Agreement and fully understands its terms; and (ii) to the extent permitted under applicable law, is waiving any right to bring any action or make a claim against Crush Cancer and SEVACF with respect to any Loss and if any such action or claim is brought, such action or claim shall constitute a Loss subject to the provisions of the immediately preceding clauses (a) and (b).  The provisions of this paragraph shall survive the termination of the Minor’s use of any Club Facilities and such Minor’s participation in Crush Cancer.

The undersigned on behalf of the undersigned and each Minor further agrees and acknowledges that Crush Cancer and/or SEVACF may use electronic and traditional media (e.g., photographs, video, audio, testimonials) for publicity, promotion, publication, illustration or advertising purposes, including on its websites.  By signature on this Waiver Agreement, the undersigned hereby gives permission to Crush Cancer and SEVACF and their respective agents the irrevocable and unrestricted right to use and reproduce the photographs, video images or other such electronic or traditional media taken of the undersigned and/or each Minor in any and all forms of media for publicity, promotion, publication, illustration or advertising purposes in perpetuity without further consideration from the undersigned on behalf of the undersigned or each Minor.  The undersigned on behalf of the undersigned and each Minor hereby waives any right to inspect or approve the finished photographs or printed or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to the undersigned and/or Minor or unknown, and waives any right to royalties or other compensation arising from or related to the use of the photograph.  The undersigned on behalf of the undersigned and each Minor also releases Crush Cancer and SEVACF for all claims and liability relating to said images or video and grants Crush Cancer and SEVACF permission to use the undersigned’s or any Minor’s statements that were giving during an interview for the purpose of advertising, promotion, publication, illustration, publicity or without restriction.

This Waiver Agreement shall be governed by, construed, and enforced in accordance with the laws of the jurisdiction in which it is executed by the undersigned without regard to its conflicts of laws principles. This Waiver Agreement shall be binding on the undersigned and each Minor and their respective successors, assigns, heirs, and legal representatives.  If any term or provision of this Waiver Agreement, or the application thereof to any person or circumstance, shall, to any extent, be held by a court of competent jurisdiction to be invalid, void, or unenforceable, then the remainder of this Waiver Agreement, and the application of such term or provision to persons or circumstances other than those as to which it is held invalid, void, or unenforceable, shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.

In witness whereof, the undersigned, on behalf of the undersigned and each Minor, has executed and delivered this Waiver Agreement under seal as of the date set forth below.

Date: March 29, 2020

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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