Waiver and Release of Liability and Indemnification

I am executing the following Waiver and Release of Liability and Indemnification (“Release and Indemnification”) as a condition to enrollment as a participant (“Participant”) in the athletic training services (“Coaching Services”) offered by GB Running, LLC (“GB Running”). By signing below, I, as the Participant, hereby represent and warrant that I fully understand and consent to all of the terms, conditions and risks set forth herein.

I represent that I am at least eighteen (18) years of age.

I understand that the Coaching Services involve a variety of challenging and intense physical activities to be performed by me and facilitated by a member, employee, contractor or agent (each, a “Representative”) of GB Running.

I acknowledge that a Representative of GB Running has advised me that I should consult with a physician before participating in the Coaching Services, and I have been provided ample opportunity to do so, before signing this Release and Indemnification.

If I am under the care of a physician, my participation in the Coaching Services has been or will be made known to my physician by me and my participation in the Coaching Services will be in accordance with any such physician’s instructions regarding the challenging and intense physical activities involved in the Coaching Services.

I expressly represent, warrant and acknowledge that I am solely responsible for my compliance with any such physician’s instructions and that GB Running and its Representatives shall in no way be responsible for my compliance with such physician’s instructions.

Notwithstanding the foregoing, I represent and warrant that (A) I have not been advised against participation in the Coaching Services by a physician or other health professional, (B) I suffer from no physical or mental condition that would impair my ability to fully participate in the Coaching Services, and (C) I am physically fit and sufficiently trained for participation in the Coaching Services.

I understand and acknowledge that the Coaching Services are being provided solely by GB Running.

I understand that participation in the Coaching Services is voluntary, and that such participation carries with it certain inherent and unavoidable risks, including, but not limited to, an increased risk of serious illness, injury, paralysis, or even death.

With full awareness of such risks, I hereby assume all of the risks associated with my participation in the Coaching Services, including any and all such risk of illness, injury, paralysis or death, and/or other losses or damages sustained by me arising out of or in connection with the Coaching Services or any system or equipment used in connection with the Coaching Services.

I further assume any and all risks of illness, injury, paralysis, death and/or damage to any third party or any third party’s property arising out of or in connection with my participation in the Coaching Services.

I hereby acknowledge that the Coaching Services are provided “AS IS”, without warranties of any kind, express or implied, and that I am not guaranteed any particular results. I am personally responsible for the achievement of my individual performance goals. I further understand and fully agree that GB Running and its respective Representatives expressly disclaim any and all express or implied warranties arising by law, conduct, or otherwise and any other alleged obligation or liability arising from contract, negligence, tort, or otherwise, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose with respect to the Coaching Services and/or any products offered or endorsed by GB Running or its respective Representatives. Under no circumstances shall GB Running or its Representatives be liable for special, indirect, incidental or consequential damages of any nature whatsoever.

I hereby waive and release GB Running, and its Representatives from any claims based on any oral or written statements made prior to or contemporaneous with this Release and Indemnification and disclaim any reliance on any such statements.

(a) I hereby indemnify, release and discharge GB Running and all of its Representatives from any and all liability, claims, losses, judgments, costs or expenses, and waive the right to pursue legal action against GB Running and all of its Representatives arising directly or indirectly out of or in connection with my participation in the Coaching Services, including claims or damages resulting from death, personal injury, partial or permanent disability or property damage, medical or economic losses, including attorney’s fees, whether caused in whole or in part from any instruction or training associated with the Coaching Services and whether based upon a breach or alleged breach of any express or implied warranty, negligence or under any other legal theories.

(b) I hereby agree to indemnify GB Running and all of its Representatives and to fully assume the risk of any and all liability claims and damages, direct or indirect, to third parties or their property, arising out of or in connection with my participation in the Coaching Services.

(c) In accordance with the foregoing, I hereby agree to indemnify and hold GB Running and all of its Representatives harmless for any and all claims, actions, demands, damages, liabilities and/or expenses, including attorney’s fees, that arise in connection with my participation in Coaching Services or directly or indirectly result from the Coaching Services.

This Release and Indemnification shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules.

This Release and Indemnification shall be binding upon my representatives, successors, permitted assigns, heirs and estate.

If any provision of this Release and Indemnification is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity will not render this Release and Indemnification unenforceable or invalid as a whole and, in such event, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

The section headings contained in this Release and Indemnification are for reference purposes only and shall not affect the meaning or interpretation of this Release and Indemnification.

By checking this box, I confirm that I have read and agree to the terms of use regarding the storage of the data submitted through this form.

I hereby acknowledge and represent that I have carefully read and fully understand the contents of this Release and Indemnification and that this Release and Indemnification is legally binding and enforceable, and that I agree to the terms and conditions of this Release and Indemnification. I agree, and it is my intent, to sign this Release and Indemnification by clicking the box marked “I AGREE”, and by electronically submitting this document to GB Running and its Representatives. I understand that my signing and submitting this document in this fashion is the legal equivalent of having placed my handwritten signature on this document. I understand and agree that, by electronically signing and submitting this document in this fashion, I am attesting to the truth of the information entered by me herein.