Waiver

This release and indemnity agreement (“Release”) is made to release and indemnify Spiked Spin LLC, DBA Spiked Wellness, a New York State limited liability company, and all of its respective members, employees, heirs, successors, agents, contractors, and assigns (collectively the “Released Parties”).

The undersigned, on his/her own behalf or, if applicable, as the parent or guardian of a minor (the person engaged in the activities with Spiked Wellness shall be referred to hereafter as the “Participant”), and on behalf of the undersigned’s heirs, successors, representatives, and assigns (singularly and collectively the “Releasing Parties”), hereby grants the Released Parties this full release and indemnification as a consideration in exchange for permitting Participant to participate in this exercise program or any other activity associated with or through the Released Parties.

The Participant is entering into this Release after having viewed or having the opportunity to view the studio and instructors’ qualifications and having had the opportunity to ask questions regarding the services and risks associated with this exercise program. Participant further acknowledges that his/her participation in the activity is voluntary with full knowledge, understanding, and appreciation of the risk inherent in any physical exercise and expressly assumes all risk of injury and even death, which could occur by reason of Participant’s participation.

Despite all known and unknown risks, including but not limited to bodily injury (including death) and property loss or damage, the undersigned, on behalf of the Releasing Parties, hereby releases, waives, acquits, and forever discharges any and all known or unknown claims, demands, causes of action, damages, losses, and expenses that the Releasing Parties may ever have or have had against the Released Parties arising out of Participant’s participation in any activity or exercise program offered by the Released Parties, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by Released Parties or any third party.

By signing, I acknowledge and agree that I should consult any medical practitioner prior to participating in any activities with Spiked Wellness or using its facilities, especially if I had, have, or develop a serious health condition, including but not limited to stroke, lupus, hernia, numbness in the extremities, orthopedic condition, heart condition, asthma, breathing problems, faintness, dizziness, loss of balance, recent injury/surgery/concussion, or current pregnancy.

The Releasing Parties further agree to indemnify, defend, and hold harmless the Released Parties from any and all claims arising out of the Participant’s participation in any activity or exercise program offered by the Released Parties or in the use of any equipment at the Spiked Wellness studio or any other premises owned, leased, or used by the Released Parties, including, without limitation, attorneys’ fees and expenses incurred by the Released Parties.

All personal property brought to the studio or any other location where the Participant is participating in any activity or exercise program offered by the Released Parties is brought at the sole risk of the Participant as to its theft, damage, or loss. The Released Parties are not responsible for any items left at the Spiked Wellness studio or any other premises owned, leased, or used by the Released Parties.

Participant hereby permits the Released Parties to use, without compensation or royalties, images or video of Participant as a program participant, including but not limited to its social media or web-based materials, broadcast and print advertising, and websites produced and published by the Released Parties. All such materials are deemed the property of the Released Parties.

Participant expressly agrees that the terms of the release and indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of New York and California. Any provision of this Release found to be invalid by the courts having jurisdiction shall be invalid only with respect to such provision or portion and the remainder shall be enforced to the greatest extent possible. Furthermore, any dispute arising out of this agreement shall be subject to binding arbitration.

Participant agrees to maintain current credit card information on file and authorizes Spiked Wellness to charge the credit card on file for the payment of services and fees. This credit card is kept on file and will remain in effect until the expiration of the credit card account.

We will not seek, use, or disseminate any information from unauthorized access, use, modification, or disclosure. These files are confidential and will only be used by the studio to better support your needs.

PARTICIPANT ACKNOWLEDGES THAT HE/SHE HAS READ, UNDERSTANDS, AND VOLUNTARILY AGREES TO THE TERMS SET FORTH IN THIS RELEASE AND INDEMNITY AGREEMENT