ACTIVITY LIABILITY WAIVER AND RELEASE (“RELEASE”)
IMPORTANT – READ CAREFULLY – THIS IS A BINDING LEGAL CONTRACT

 I, the undersigned, hereby acknowledge that I have voluntarily elected to participate in one or more activities organized by The Sculpt Society, LLC (the “Company”), which activities may include, but are not limited to, exercises and use of certain equipment and facilities (individually and collectively, the “Activity”). In consideration for the permission to participate in the Activity, I hereby acknowledge and agree to the following terms of this Release. As used in this Release, the term “Released Parties” shall mean, and include, the Company and its parent, subsidiary and affiliated companies, and their respective employees, contractors, directors, representatives, agents, members, managers, and any other person or company working with the Company to make the Activity available. 

Compliance with Rules. I agree to follow and comply with all rules established by the Company for the Activity as well as any safety, security, property protection, and other directions that may be provided to me by or on behalf of the Company (collectively, “Rules”).

Assumption of Risk. I understand and acknowledge that participating in the Activity involves inherent risks, including, without limitation, minor or serious property and/or personal damage, injuries, trauma, unwanted physical contact, harassment by third parties, illness, loss, disability, or even death as a consequence of the actions, inactions or negligence of others, or conditions of facilities and/or equipment used, and that there may be other risks known or not known to me or not reasonably foreseeable at this time (collectively, “Losses/Damages”). I further understand and agree that the Losses/Damages that I may sustain by any means are not the responsibility of the Released Parties.  I acknowledge that I am engaging in the Activity solely of my own accord, and I hereby expressly assume all risks, known or unknown, inherent or not, and disclosed or undisclosed, associated with the Activity and any Losses/Damages that I may sustain as a result of my participation in the Activity. 

Photograph/Video Release: I hereby grant permission to the Released Parties, including any sponsors or partners of the Activity, to observe, photograph, film and/or otherwise record me before, during and after the Activity (individually and collectively, “Recording”). I irrevocably grant to the Released Parties, including any sponsors or partners of the Activity, the perpetual and royalty free right to use, publicize, display, publicly perform, exhibit, editorialize, comment about, transmit, broadcast, reproduce, digitalize, modify, adapt, add to, delete, reproduce, creative derivative works from, sell, rent, license, distribute or otherwise use and exploit and permit others to use and exploit the Recording, including my name, image, likeness, recordings of me voice, voice, photographs, performance and other identifiers embodied in the Recording, for any purpose whatsoever, whether non-commercial or commercial (including, without limitation, for content, social media stories, newsletters or news releases, advertising, promotions and other commercial and business purposes) throughout the universe and in any medium or format, whether now existing or hereafter devised. I understand and acknowledge that no compensation or payment will be paid to me for the rights granted in this Release. I represent and warrant that I have the right to grant the consent above. I hereby agree that I will not assert or maintain against the Released Parties any claim, action, suit or demand of any kind or nature, whatsoever, including, but not limited to, those grounded upon invasion of privacy or violation of publicity or any other civil rights, defamation, libel or slander or for any other reason in connection with the exercise of the rights granted herein to the Released Parties.

Release of Liability. I, on behalf of myself, my personal representatives, heirs, executors, administrators, agents, and assigns, HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Released Parties for any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys' fees), arising from, or in connection with, any Losses/Damages that I may sustain in any manner arising from or related to the Activity, or my participation in the Activity, REGARDLESS OF WHETHER THE LOSSES/DAMAGES ARE CAUSED BY THE NEGLIGENCE, ACT, OMISSION, OR OTHER FAULT OF THE RELEASED PARTIES. I acknowledge that I may hereafter discover claims presently unknown or unsuspected by me, or facts in addition to or different from those I now know or believe to be true, with respect to any of the matters released herein. I further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived.  I acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” I acknowledge the releases hereunder are intended to apply to all claims, including those that are presently unknown to or unsuspected by me, and I expressly and intentionally waive all rights and benefits under Section 1542, as well as under any other statute, common law or equitable principle of similar effect elsewhere.

Indemnity. I will indemnify, defend, and hold harmless the Released Parties from any liability, claims, demands, actions, causes of action, or damages (including attorneys’ fees) sustained by or brought against the Released Parties resulting from, arising out of, or otherwise in connection with my participation in the Activity and/or my violation of the Rules or any other breach of this Release.

Governing Law. This Release will be governed by and construed in accordance with the internal laws of the State of California, USA without giving effect to any choice of law or conflict of law, rules, or provisions that would cause the application of any other laws.

Emergency: In case of emergency, I hereby give permission for medical treatment by a physician or hospital selected by representatives of the Released Parties. Such permission shall include any and all medical treatment which is necessary or desirable in the absolute discretion of any such physician or hospital. I recognize the right of the Released Parties’ representatives, in their absolute discretion, to terminate my participation in the Activity at any time due to disciplinary or medical actions which might jeopardize my or other participants’ health, safety, or wellbeing during the Activity.  

By purchasing a ticket to The Sculpt Society class,  (a) I acknowledge that I have read, understand, and agree to the terms and conditions of the Release as detailed above; and (b) I represent, warrant and certify to the Released Parties that (i) I am at least 18 years of age, (ii) I am healthy and physically and mentally able to participate in the Activity, and do not have any medical or other conditions that would impair my ability to participate in the Activity, and (iii) I am agreeing to this Release freely and voluntarily without any inducement.