The Participant named below (hereinafter referred to as "I" or "me") desires to participate in athletic performance training, strength and conditioning, speed/agility work, competitive games, use of equipment, recovery modalities, whether on-site or off-site, including any electronic/virtual coaching, and other physical fitness activities (the "Activity") provided by FEAST PERFORMANCE, LLC, a Maryland limited liability company (the "Company"). In consideration of being permitted by the Company to participate in the Activity, and the intangible value that I will gain by participating in the Activity, and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this Release of Liability and Assumption of Risk (the "Release"). I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM THE ACTIVITY, KNOWN OR UNKNOWN, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, directors, members, owners, managers, employees, agents, representatives, contractors, successors, and assigns (collectively, the "Released Parties"), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Released Parties or otherwise. I covenant not to make or bring any such claim against the Company or any other Released Party, and forever release and discharge the Company and all other Released Parties from liability under such claims, except for claims arising out of gross negligence, willful misconduct, or any other liabilities that applicable law does not permit to be released by agreement. I agree to defend, indemnify, and hold harmless the Company and all other Released Parties against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind (including, but not limited to, reasonable attorney fees), and the costs of enforcing any right to indemnification under this Release, incurred by the Company or any Released Parties, arising out of or resulting from any claim of a third party related to my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of the Company. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company and all other Released Parties from any claim based on such treatment or other medical services. I hereby grant to FEAST PERFORMANCE, LLC (the “Company”) the irrevocable and unrestricted right to photograph, record, and/or capture my image, likeness, voice, and performance during participation in the Activity. I authorize the Company to use, reproduce, edit, publish, distribute, and display such photographs and recordings for lawful business purposes, including but not limited to marketing, advertising, social media, website content, promotional materials, educational content, and other commercial uses, in any media now known or hereafter developed. I understand that I will receive no compensation for such use and waive any right to inspect or approve the finished product or its specific use. I release and discharge the Company and all Released Parties from any and all claims arising out of or related to the use of such photographs or recordings, including but not limited to claims for invasion of privacy, right of publicity, defamation, or misappropriation. This authorization is perpetual, worldwide, and binding upon my heirs, legal representatives, and assigns. This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company, the Released Parties, and me, including my heirs, agents, personal representatives, executors, and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule, regardless of jurisdiction. Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Maryland, and I hereby consent to the exclusive jurisdiction of such courts. THIS IS A LEGALLY BINDING CONTRACT. BY SIGNING I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASED PARTIES. I ACKNOWLEDGE THAT PRIOR TO SIGNING, I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS RELEASE OR HAVE DECLINED THAT OPTION. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND LEGALLY COMPETENT TO ENTER THIS RELEASE. Date: April 9, 2026 |