RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK AND INDEMNITY AGREEMENT READ THIS AGREEMENT CAREFULLY BEFORE SIGNING IT. YOUR SIGNATURE INDICATES YOUR UNDERSTANDING OF AND AGREEMENT TO ITS TERMS. BY SIGNING THIS AGREEMENT, YOU (AND YOUR CHILD/WARD) ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR PROPERTY DAMAGE FOR ANY REASON INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF RFLX TRAINING CENTER NORTH, LLC, ITS OWNERS, MEMBERS, MANAGERS, LANDLORDS, TENANTS, SUB-TENANTS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS, AFFILIATES, OFFICERS, ASSIGNS AND AGENTS (“Herein after referred to as “RFLX”, or the “RELEASEES” and made Collectively a “Party” hereto). I, ___"Your name here"___ (and on behalf of my minor child/ward __"Your child's name here"__) (hereinafter referred to as the “Undersigned” and made a “Party” hereto) reside at __"address on file"___. (Releasees and Undersigned are collectively referred to herein as the “Parties”). In consideration for allowing me (or my minor child/ward) to enter RFLX's facility located at 275 Waneka Parkway, Unit 1, Lafayette, CO 80026 (the "Facility") and engage in training activities and/or instructional training and exercise programs (collectively, the “Training”), on behalf of myself, my child/ward or our personal representatives, heirs, next-of-kin, spouses and assigns, THE UNDERSIGNED HEREBY: 1. ACKNOWLEDGES THAT ENGAGING IN TRAINING ACTIVITIES IN A TRAINING FACILITY GENERALLY IS AN INHERENTLY DANGEROUS ACTIVITY AND INVOLVES RISKS THAT MAY CAUSE SERIOUS INJURY AND IN SOME CASES DEATH. 2. Voluntarily assume the risk and danger of injury or death inherent in engaging in any activity in the RFLX Facility, including without limitation: engaging in training activities, the use of equipment and gear provided to me by RFLX, the risk of limited availability of emergency medical care, the potential of participants to act in a negligent manner that may contribute to injury to the Undersigned or others. I UNDERSTAND AND KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS. I assume full responsibility for my and my child’s/ward’s participation. I understand that there may be other risks, as well, and I agree to assume them; I am not relying on RFLX to list all possible risks for me. 3. RELEASES LIABILITY, DISCHARGES AND PROMISES NOT TO SUE RFLX for any loss, damage, injury (including death) or cost to me or my child’s/ward’s, arising out of activities on the premises of RFLX, including training activities and use or non-use of equipment, protective equipment and gear provided by RFLX. 4. Release RFLX from any claim that RFLX was negligent in connection with my or my child’s/ward’s activities on the premises, including all activities, and not limited to training, instruction or the use of any equipment provided by RFLX or being on the premises of the Facility, which resulted in loss, damage, injury or death. 5. AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS RFLX from and against any and all claims, demands, causes of action, loss, liability, damage, judgments, orders, expenses or costs, including attorney’s fees, arising out of or in any way connected with either my or my child’s/ward’s use of or presence upon the Facility. 6. Agree to abide by and follow any instructions given or rules established by RFLX or any of its employees or agents, with regard to my or my child’s/ward’s activities on the Facility. 7. The Undersigned expressly agrees that the foregoing release and waiver of liability, assumption of risk, and indemnity agreement is governed by laws of the State of Colorado and is intended to be as broad and inclusive as is permitted by Colorado law, and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable for any reason, the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect. 8. Undersigned understands and agrees that RFLX does not assume any responsibility for or obligation to provide me with financial or other assistance, including, but not limited to medical, health or disability benefits or insurance of any nature in the event of my or my child’s/ward’s injury, illness, death or damage to our property. Undersigned expressly waives any such claim for compensation or liability on the part of RFLX in the event of such injury or medical expenses incurred by me or my child’s/ward. 9. In the event of any legal action with respect to this Agreement, irrespective of whether such action results in litigation, the substantially prevailing Party in any such action shall be entitled to its actual fees and costs from the other Party, including without limitation, actual attorneys’ fees and all costs and expenses incurred in pursuit thereof. 10. Undersigned hereby Releases and forever discharge RFLX from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered in connection with an emergency during my activities in the Facility. 11. I grant and convey to RFLX all right, title, and interest in any and all photographs, images, video, or audio recordings of me or my likeness or voice made by RFLX in connection with my or my child’s/ward’s participating in activities in the Facility. 12. If participant is a minor, Parent or Guardian executes this agreement on behalf of himself/herself as well as the minor child or legal ward. 13. I have read this document. I understand it is a promise not to sue and to release and indemnify RFLX and all Releasees as defined herein for all claims. I have concluded that the risks involved and the Release and Waiver of Liability is worth the pleasure of training or engaging in other activities in the Facility and acknowledge that the same is valuable consideration for this Release and Waiver of Liability. CAUTION: READ BEFORE SIGNING. THIS RELEASE WAIVES VALUABLE LEGAL RIGHTS, WHICH YOU MAY HAVE. READ IT THOROUGHLY BEFORE SIGNING. BY SIGNING IT, YOU ACKNOWLEDGE YOU UNDERSTAND THE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, INCLUDING THE WAIVER OF LEGAL RIGHTS YOU MAY HAVE. I AGREE THAT THIS EXCULPATORY CLAUSE IS VALID, THAT IT DOES NOT VIOLATE ANY DUTY TO THE PUBLIC; THAT THE NATURE OF THE AGREEMENT HAS BEEN CLEARLY EXPRESSED; THAT THIS AGREEMENT WAS FAIRLY ENTERED INTO; AND THAT THE EXCULPATORY INTENTIONS OF THE PARTIES ARE EXPRESSED IN CLEAR AND UNAMBIGUOUS LANGUAGE. I HAVE READ THIS RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS AND CONDITIONS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE, ABSOLUTE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.