This Acknowledgement and Assumption of Risks and Release of Liability (the “Agreement”) for this injury screen, workshop, mini treatment, manual technique, or review video is made and entered into by and between Clinch Performance and Recovery, LLC and Jade Elkind (collectively referred to as “Provider”), and the “Releasor”.

1.                Voluntary Participation.  I, being eighteen (18) years of age or older, or, if younger than eighteen (18) years of age, with the authorization and consent of my parent or guardian, hereby acknowledge that I am voluntarily choosing to participate in injury screens, workshops, event mini treatments, various manual techniques, and review videos prepared by Provider for health education, exercise, self-treatment techniques, counseling and guidance for overall physical and mental health and other related activities and services (“Activities”) provided by Provider at the event.

2.                Acknowledgment of Risks.  I understand, acknowledge, and am aware that participation in Activities, including hands on techniques,  may be dangerous in which the participant could suffer serious bodily, psychological, and neurological injury or death or property damage, or cause injury to another’s person or property.  The possible risks associated with participation in Activities include, but are not limited to: (a) the participant being thrown from or falling off of equipment; (b) the participant dropping, being trapped under or hit by components of equipment or other recreational equipment; (c) the participant sustaining an injury or health condition including, but not limited to, straining, pulling, or tearing muscles, heart attack, stroke, elevated blood pressure, shortness of breath, or passing out as a result of participation in Activities or through the negligence of other participants’ use of the equipment, services or facilities; or (d) the participant being involved in slips, falls, collisions or contacts with equipment or other participants. 

3.                Assumption of Risks and Responsibility.  I agree to assume responsibility for the risks identified herein and those risks not specifically identified.  My participation in the Activities described herein is done with knowledge of the risks, and I elect to participate in spite of the risks.  My participation is purely voluntary, and no one is forcing me to participate.  I verify that I am in good physical condition and have no medical reason, condition, or impairment that might prevent me from my participation in Activities.  I acknowledge that no owner, representative, or employee of the Provider or the Gym/event has given me any medical advice and will not provide me will any medical advice related to my physical condition and/or ability to participate in the Activities.  I verify that I am not under the influence of alcohol or drugs, and am sufficiently qualified, trained and capable to participate in these Activities.  Therefore, I assume full responsibility for myself, including any minor children for whom I am responsible, and hereby agree to accept any and all risks of bodily injury, accidents, illness, death, loss of personal property, and expenses thereof as a result of any accident which may occur.

4.                Suitability of Participants.  Persons should not participate in the activities described herein if: (a) the participant is or will be under the influence of alcohol, drugs, or medication during these Activities; (b) the participant does not fully understand and comprehend any rules, instructions, or direction given during the course of these Activities; or (c) the participant has any physical or mental injury, impairment or condition that would prevent him or her from participating fully in these activities.

5.          Promotion and Marketing  I also consent to photographing, recording, and unlimited use of my likeness (including my name, voice, and/or image) for commercial, promotional, or other use, in any medium, including use on the internet and social media, by Clinch Performance and Recovery, LLC and its employees, affiliates, subsidiaries, licensees, successors, and assigns. I also consent to being added to the Clinch Performance and Recovery, LLC newsletter. I waive all rights of attribution, inspection, or approval for any use of my likeness. I understand that Clinch Performance and Recovery, LLC has no control over how my photos, videos, or testimonials may be used by others once they are published on the internet. Clinch Performance and Recovery, LLC and its employees, affiliates, subsidiaries, licensees, successors, and assigns are held expressly harmless for any liability, legal, and/or financial, incurred as a result of said use. I wave any right to royalties or other compensation arising from or related to the use of my likeness. All right, title, and interest to any photographs, recordings, and any other materials using my likeness shall be the sole property of Clinch Performance and Recovery, LLC. I shall have no interest in any such materials nor shall I have any right to use the name or trademarks of Clinch Performance and Recovery, LLC to use my photos, videos, testimonials, or other likeness, I may revoke this Consent and Release for new future uses but Clinch Performance and Recovery, LLC shall have no obligation to remove my photos, videos, testimonials, or other likeness in its promotional, commercial, educational, or other materials that are already in use.

6.                Release.  As consideration for participation in Activities, I hereby agree that I, my heirs, guardians, personal representatives, or assigns will not make any claim against, sue, or attach the property of the Gym, event, or the Provider, its principals, managers, members, agents, employees, or any affiliated organizations of the Provider, event, or the Gym (“Affiliated Organizations”), or the supplier of any of the equipment I will encounter or use in the Activities described herein, for any injury or damage resulting from the negligence or other acts, howsoever caused, by the participation in the Activities. I hereby release and discharge the Provider, its principals, managers, members, agents, employees, contractors, and Affiliated Organizations from all actions, claims, or demands that I, my heirs, guardians, personal representatives, or assigns now have or may hereafter have for injury or damage resulting from my participation in Activities. 

7.                Indemnification.  I hereby agree to indemnify and hold harmless the Provider, its principals, managers, members, agents, employees, contractors, and Affiliated Organizations, from and against any and all loss, damage, claim, demand, liability, or expense by reason of any damage or injury to me or my personal property which may be claimed to have arisen as a result of or in connection with participation in Activities.

9.                Entire Agreement.  This Agreement constitutes the entire agreement of the parties and supersedes any contracts, agreements or understanding (oral or written) of the parties with respect to the subject matter hereof. 

10.             Governing Law.  This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, excluding its conflicts of laws provisions.

11.             Arbitration.  If there is any dispute between the parties concerning this Agreement, both parties agree to submit to binding arbitration under the rules of and before the American Arbitration Association in Washoe County, Nevada.  The parties hereby waive any right to a trial by judge or jury.