Liability Release - Life Time

GENERAL RELEASE AND WAIVER OF LIABILITY
AND INDEMNITY AGREEMENT

In consideration of being provided access to participate in certain RUN STRONG Division (the “Program”) to be conducted by Ten Thousand Inc. (“Ten Thousand”) on January 28th, 2024 at Miami, FL (the “Premises”), the participant named below, or if the participant is under the age of eighteen (18), the parent(s) and/or legal guardian(s) of the minor participant named below (collectively, the “Participant”) agrees to the following terms and conditions set forth in this General Release and Waiver of Liability and Indemnity Agreement (the “Release”):

1. The Participant will, prior to the Program, inspect the facilities and equipment to be used, and if he or she believes that anything is unsafe, the Participant will immediately advise the Releasees (as defined below) of such condition and refuse to further participate in the Program.

2. The Participant fully understands and acknowledges that:
a. There are potential risks and dangers associated
with participating in the Program which could result in bodily
injury, partial and/or total disability, paralysis, death and/or
property damage. I am also aware of the contagious nature of
bacterial and viral diseases, including but not limited to COVID-19
(collectively, “Diseases”) and the risk that I may be exposed to or
contract Diseases by being on the Premises and engaging in the
Program.
b. The personal or psychological social and economic
injury, pain, suffering, temporary or permanent disability, death,
property damage, and/or financial losses which could result from
the risks and dangers inherent in the Program could be severe.
c. The risks and dangers inherent in the Program may
be caused by the action, inaction or negligence of the Participant or
the action, inaction or negligence of others, including but not
limited to any other participant and/or the Releasees.
d. There may be other risks involved with the Program
that are not known or that are not reasonably foreseeable at this
time.

3. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY ACCESSING THE PREMISES AND PARTICIPATING IN THE PROGRAM WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PARALYSIS, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF ANY OTHER PARTICIPANT OR BY ANY OF THE RELEASEES, TEN THOUSAND, OR OTHERWISE.

4. The Participant HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the Ten Thousand and/or any respective parent companies, related companies, subsidiaries, affiliates, owners, officers, members, managers, stockholders, agents, contractors, event partners, staff, successors, assigns, executors, heirs and next of kin (each a “Releasee,” and collectively, the “Releasees”) from and against any and all liability, claim, demands, losses or damages to the undersigned, their personal representatives, assigns, executors, heirs and next of kin on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, paralysis, death, property damage, or financial loss, including but not limited to the death of the Participant, arising out of or related to the event(s) caused or alleged to be caused in whole or in part by the negligence of the Releasees or any other participant or otherwise.

5. The Participant hereby confirms that the Participant: (a) is in good health and proper physical condition and does not have any medical or other conditions that would impair the Participant’s ability to participate in the Program; and (b) is not experiencing symptoms of Disease (such as cough, shortness of breath, sore throat, congestion, headache, muscle or body aches, chills, or fever), and does not have a confirmed or suspected case of Disease. The Participant will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Program and Disease while on the Premises or participating in the Program. The Participant will also follow all instructions, recommendations, and cautions of Ten Thousand at all times while on the Premises or during the Program. Participant acknowledges that Ten Thousand is relying on these statements to allow Participant to participate in the Program.

6. The Participant acknowledges that the activities of the Program involve the risk of serious injury and/or death and/or property damage.

7. The Participant shall defend, indemnify, and hold harmless Ten Thousand and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, fees, and costs of enforcing any right to indemnification under this Release (collectively, “Losses”). If the Participant makes a claim against Ten Thousand or any of the Releasees, such Participant will hold such parties harmless from and against any Losses arising in connection with such claim.

8. The Participant further expressly agrees that the foregoing Release is intended to be as broad and inclusive as is permitted by the law of the State of Delaware and that if any portion is held invalid, it is agreed that the balance shall continue in full legal force and effect.

9. This Release constitutes the sole and entire agreement of Ten Thousand and Participant 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 Ten Thousand and Participant and their respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in New Castle County, Delaware, and I hereby consent to the exclusive jurisdiction of such courts.
IN WITNESS WHEREOF, Participant has read the foregoing General Release and Waiver of Liability and Indemnity Agreement, fully understands its terms, understands that Participant has given up substantial rights by signing it, and has signed it freely and voluntarily without any inducement, assurance or guarantee being made to Participant and intends Participant’s signature to be a complete and unconditional release of all liability to the great extent permitted by applicable law.