FORZA!

LLC RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT
ATTENTION: BY SIGNING THIS AGREEMENT YOU GIVE UP IMPORTANT LEGAL RIGHTS INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY! FORZA! LLC DOES NOT GUARANTEE YOUR SAFETY. PARTICIPANT NAME: ______________________________________________________________________________________________ ADDRESS: ________________________________________________________________________________________________________ PHONE #: _________________________ EMAIL ADDRESS: ______________________________________________________________ EMERGENCY CONTACT: ___________________________________________________________________________________________ RELATIONSHIP: ___________________________________ PHONE #: _____________________________________________________ A. ASSUMPTION OF RISKS. I understand that there are many obvious and non-obvious risks and dangers associated with the Activities (defined in Section B below) and my participation in the Activities. In consideration of, and as a condition to, being permitted to participate in any way in the Activities, in addition to the payment of any fee or charge, I understand and agree that I am voluntarily participating in the Activities and use of Company facilities and Premises, and I understand, accept and assume all risks and dangers associated with the Activities and my participation in the Activities, including, without limitation, RISKS OF MILD-TO-SEVERE INJURY, ILLNESS, PARALYSIS, DISABILITY AND DEATH to myself or to others and risks of damage, destruction, theft or loss of my property. These risks and dangers may be caused by many factors including, without limitation: equipment, facilities, the Premises, temperature, conditions in which the Activities take place, the inherent danger of the Activities, my physical condition, lack of hydration, my own actions, inactions or negligence, or the actions, inactions or negligence of others, including without limitation the negligence of the Released Parties named below; and other risks and social and economic losses either not known to me or not readily foreseeable at this time. I agree that if I engage in any physical exercise or the Activities on-Premises or off-Premises including at my home, I do so entirely at my own risk. I accept and assume all responsibility for any and all losses, expenses, costs, and damages I incur as a result of my participation in the Activities, or in any physical exercise on-Premises or off-Premises, or as a result of my presence on the Premises. DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings:

B.

"Activities" means any and all classes, exercises, workouts, programs, events, training, instruction and activities offered, taught, sponsored or held by the Company. The Activities include movement and weight resistance intended to build Participant muscle strength, endurance, heart and lung capacity, flexibility, balance and/or overall fitness. The Activities can involve elevated heart rate and respiration, a wide variety of strenuous physical movement including, without limitation, lifting and swinging of heavy objects, bending, rotation, squats, swings, clean-jerk-press moves, push ups, pull-ups, core work, stretching and individual, partner and group exercises, and can involve equipment such as kettlebells, bars, benches, jump ropes and other forms of fitness or exercise equipment. "Company" means Forza! LLC, its employees, officers, governors, owners, members, representatives, agents, affiliates, volunteers, successors and assigns. "Participant", "I", "me", "my" mean the person who takes part in any or all of the Activities, and the parents or legal guardians of the Participant is under the age of 18, and includes Participant's personal representatives, heirs, estate, family members, next of kin, and assigns. "Premises" means the physical location where the Activities take place, including without limitation, 509 Professional Drive, Northfield, MN. “Released Parties” means the Company as defined above, the owners and operators of the Premises or other facilities at which the Activities are held, any event organizers and sponsors, and all of their respective employees, owners, officers, directors, governors, representatives, agents, affiliates, volunteers, successors and assigns. C. PARTICIPANT REPRESENTATIONS: I represent and warrant to the Company as follows: I understand the nature of the Activities and I am in good physical and mental health. I do not have any physical or mental conditions that could affect my ability to participate in the Activities. If at any time I believe conditions or my physical or mental condition to be unsafe, I will immediately discontinue further participation in the Activities or accept responsibility for my decision to continue participation. I understand that the Company advises me to have a physical examination performed by a doctor prior to participation in the Activities. I understand that the Company, the owner and lessor of the Premises do not carry Participant insurance. I accept sole responsibility for all medical and related expenses incurred on my behalf, whether or not specifically authorized, and whether or not covered by insurance. I agree to pay for any or all damages, losses, costs and expenses including, without limitation, attorneys' fees, suffered by the Released Parties or by others or by the property of the Released Parties or others caused by my actions or inactions whether negligent, willful, intentional or otherwise.

Forza-Liability-Waiver-01-24-08(2).doc

FORZA! LLC RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT (continued)
D. RELEASE, DISCHARGE AND WAIVER OF LIABILITY; COVENANT NOT TO SUE . In consideration of the Company allowing my participation in the Activities, I fully and forever RELEASE, DISCHARGE and WAIVE any and all claims, demands, actions, and/or litigation against the Released Parties, and COVENANT NOT TO SUE the Released Parties, on account of or in connection with any liability, claim, demand, cause of action, suit, injuries, economic or noneconomic losses, damages, costs and expenses of any kind sustained by me arising, directly or indirectly, from any cause whatsoever in connection with the Activities and all related activities, my participation or the participation of others therein, my presence or the presence of others on the Premises, the use or malfunction of equipment, the condition of the facilities or the Premises, receipt of medical care, the Company's instruction, supervision or training, or any negligence by the Released Parties, including without limitation, any liability, claim, demand, cause of action, suit, injuries, economic or noneconomic losses, damages, costs and expenses related to death, bodily injuries, illness, disability, medical treatment, or property damage, destruction, theft or loss, whether or not foreseeable or contributed to, caused or alleged to be caused by the acts, omissions, negligence or other fault of the Released Parties or others. This release does not apply to intentional misconduct by the Released Parties. INDEMNIFICATION. I agree to INDEMNIFY, SAVE AND HOLD HARMLESS each of the Released Parties for and from any and all demands, claims, actions, suits, damages, losses, liabilities, costs and expenses, including, without limitation, attorneys' fees, arising, directly or indirectly, as a result of my intentional or negligent acts or omissions, or from any cause whatsoever, which in any way arise from the Activities and all related activities, my participation therein or the participation of others or this Agreement which include, without limitation, damage to or destruction of any property of any of the Released Parties or of any others, the injury or death of me or anyone else or any liability arising from the act or omission of the Released Parties, the Participant or anyone else, whether or not foreseeable or contributed to by the negligence of the Released Parties or others. This indemnification does not apply to intentional misconduct by the Released Parties. EMERGENCY MEDICAL TREATMENT. If the Company becomes aware that I appear to need emergency medical treatment in connection with the Activities or while on the Premises, and that I am unable, in the Company's judgment, to seek medical treatment on my own, I understand that the Company will call 911 to request emergency medical assistance. So that treatment is not delayed if I am unable to consent to such treatment, I consent to any emergency medical procedures that the attending physician or emergency medical personnel believe are needed to alleviate the emergency. I accept responsibility for all costs related to such treatment and any transportation to a medical facility, and release and indemnify the Company from any liability relating to the emergency to the extent described in Sections D and E of this Agreement. PHOTO-IMAGE CONSENT. I grant permission to the Company to use my photographic image all forms of media for educational or promotional purposes, without compensation to me. I understand that Company is not responsible for photographic images of me in any form of media taken by third parties. GENERAL PROVISIONS. I agree that the services being provided by Company are readily available from sources other than Company. I have been advised that if I do not wish to accept the terms of this Agreement, I should not sign it and the Company will provide to me, upon request, contact information of other organizations providing similar services. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Minnesota. If any provision of this Agreement is determined to be unenforceable by a court of competent jurisdiction, such unenforceability shall not affect any other provision, and this Agreement shall be construed as if such provision, to the extent of such unenforceability, had not been incorporated herein.

E.

F.

G.

H.

ACKNOWLEDGEMENT; STATEMENT OF AWARENESS; BINDING EFFECT. I acknowledge that I have read and understand this Agreement and I realize it relates to surrendering valuable legal rights. I have executed this Agreement freely and voluntarily, and intend that it be legally binding upon and enforceable against me and my family members, next of kin, estate, heirs and legal representatives.
Signed ______________________________, 20__, at Northfield, Minnesota. _________________________________________________________ PARTICIPANT NAME (PRINT) _________________________________________________________ PARTICIPANT SIGNATURE Forza-Liability-Waiver-01-24-08(2).doc 2

FORZA! LLC RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT
CONSENT AND RELEASE ON BEHALF OF MINOR PARTICIPANT (Parent/Guardian signature required if Participant is under the age of 18)
I, the minor Participant’s parent and/or legal guardian, have read the Agreement and give my consent to the minor Participant's participation in the Activities. I understand the nature of the Activities and the minor Participant’s experience and capabilities, and believe the minor Participant to be in good physical and mental health and condition to participate in the Activities without restriction. I understand that the Agreement involves surrendering valuable legal rights of the minor Participant and his/her parents and legal guardians, including me. I, on behalf of the Participant, myself and any other parent or legal guardian of the minor Participant, agree to be bound by all terms of the Agreement. In consideration of, and as a condition to, the minor Participant's being permitted to participate in any way in the Activities, I understand, accept and assume all risks and dangers associated with the Activities and minor Participant's participation in the Activities, as more fully set forth in the Agreement. I accept and assume all responsibility for any and all losses, expenses, costs, and damages I incur as a result of the minor Participant's participation in the Activities, or in any physical exercise on-Premises or off-Premises, or as a result of my presence or the minor Participant's presence on the Premises. I RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS each of the Released Parties (defined in Section B above) from all liabilities, claims, demands, losses, or damages on the minor Participant’s account caused or alleged to be caused in whole or in part by the negligence of the Released Parties or otherwise, all as more fully described in the Agreement. I further agree that if, despite the release of liability in the Agreement, I, or the minor Participant, or anyone on the minor Participant’s behalf makes a claim against any of the Released Parties, I will indemnify, save, and hold harmless each of the Released Parties from any demands, claims, actions, suits, damages, losses, liabilities, costs and expenses, including, without limitation, attorneys' fees, that any Released Party may incur as the result of any such claim, all as more fully described in the Agreement. Signed ______________________________, 20__, at Northfield, Minnesota. _________________________________________________________ PARENT/LEGAL GUARDIAN NAME (PRINT) _________________________________________________________ PARENT/LEGAL GUARDIAN SIGNATURE __________________________________________________________________________________________________________________ _ ADDRESS (STREET ADDRESS, CITY, STATE, ZIP ): PHONE #: _________________________________________________ EMAIL ADDRESS: _________________________________________

Forza-Liability-Waiver-01-24-08(2).doc

3