DEEP END FITNESS LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT

DEEP END FITNESS LLC

I hereby affirm that I am aware that underwater breath holding fitness exercises have inherent risks which may result in serious injury or death.

I understand that breath holding underwater involves certain inherent risks; including but not limited to loss of motor control, unconsciousness, and drowning. I further understand that the breath holding fitness exercises conducted in open water environments also involves additional inherent risks due to the open water environment; including but not limited to hypothermia, hyperthermia, shore and surf zone injuries, and marine life injuries. I further understand that these and other inherent risks may require my rescue and/or medical treatment which may be hindered or delayed. I still choose to proceed with such underwater breath holding fitness exercises in spite of the possible hinderance or delay of rescue and/or medical treatment. 

I understand and agree that neither my instructor(s), nor Deep End Fitness., nor the facility or municipality through which I receive my instruction, nor Deep End Fitness, Inc., nor its affiliate and subsidiary corporations, nor any of their respective employees, officers, agents, contractors or assigns (hereinafter referred to as “Released Parties”) may be held liable or responsible in any way for any injury, death or other damages to me, my family, estate, heirs or assigns that may occur as a result of my participation in this underwater breath holding fitness exercise program or as a result of the negligence of any party, including the Released Parties, whether passive or active.

In consideration of being allowed to participate in these underwater breath holding fitness exercise classes, hereinafter referred to as “program,” I hereby personally assume all risks of this program, whether foreseen or unforeseen, that may befall me while I am a participant in this program including, but not limited to, the academics, confined water (e.g. pool) and/or open water activities.

I further release, exempt and hold harmless said program and Released Parties from any claim or lawsuit by me, my family, estate, heirs or assigns, arising out of my enrollment and participation in this program including both claims arising during the program, after the program, and/or outside of the program.

I also understand that underwater breath holding fitness exercises are physically strenuous activities and that I will be exerting myself during this program, and that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause, that I expressly assume the risk of said injuries and that I will not hold the Released Parties responsible for the same.

I further state that I am of lawful age and legally competent to sign this liability release, or that I have acquired the written consent of my parent or guardian. I understand the terms herein are contractual and not a mere recital, and that I have signed this Agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree that if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.

I understand and agree that I am not only giving up my right to sue the Released Parties but also any rights my heirs, assigns, or beneficiaries may have to sue the Released Parties resulting from my death. I further represent I have the authority to do so and that my heirs, assigns, or beneficiaries will be estopped from claiming otherwise because of my representations to the Released Parties.

MEDIA RELEASE  

I have agreed to participate in the production of Deep End Fitness media (working title) (including any  and all cycles thereof) or otherwise (collectively, the “Program”). I understand and acknowledge that I will not receive any monetary  compensation for my appearance on or otherwise in connection with the Program, or for the exercise of any other rights granted by me herein, including but not limited to the use in television,  the internet, wireless devices, and any other media whether now known or hereafter devised. As consideration for the possibility of appearing in the Program and for other good and valuable  consideration, the receipt and sufficiency of which are hereby acknowledged, I agree as follows:  

1. Permission to Use Name and Likeness: I hereby consent to the recording, use and reuse of my name, likeness, voice, personality, image, and any other indicia of my identity  (collectively, “Likeness”) by Producer and any television network, channel or station, internet portal or website, and any other broadcaster, or distributor of the Program the direct and indirect  parents, subsidiaries, affiliated and related entities of each of the foregoing and the officers, directors, shareholders, joint venturers, members, agents, representatives, attorneys, employees,  contractors, successors, assignees, licensees, financiers and distributors of each of the foregoing (collectively, “Producer and Distribution Entities”), in and in connection with the Program 

including without limitation in the production, broadcast, distribution, exhibition, publishing, and/or other exploitation of the Program, and in advertising, marketing, publicity and promotion for  the Program and all ancillary products (e.g., merchandise) and ancillary, allied or subsidiary exploitation in connection with the Program, and in connection with Producer and Distribution  Entities and/or their affiliated services or otherwise (collectively, the “Distribution and Advertisements”) throughout the universe, in any and all media, now known or hereafter devised, and in  an unlimited number of times in perpetuity.  

2. Restriction on Publicity/Confidentiality: I understand and agree that all publicity in connection with the Program is under the sole control of the Producer and Distribution Entities  and their licensees. I agree that I must not myself, or authorize others to on my behalf or otherwise: (a) publicize, advertise or promote my appearance on the Program by any means  whatsoever, including without limitation the Internet, social media, radio, television or print media, (b) receive or generate any monetary advantage or any other consideration from my  appearance or participation in the Program, or (c) use or disclose to any party any Confidential Information or trade secrets obtained or learned as a result of my participation in the Program.  For the purposes hereof, “Confidential Information” includes without limitation, any and all information regarding the Program (including without limitation the identities of participants in the  Program or on-air talent, events which take place as part of the Program, the potential or actual location(s) and nature of certain challenges, tasks and other events in the Program, and the  outcome or contents of any episode of the Program), as well as Producer’s operational methods and manner and methods of television production and otherwise conducting business. I  acknowledge and agree that any disclosure of such Confidential Information by me in violation of this paragraph constitutes a material breach of this Release and will cause Producer and  Distribution Entities substantial and irreparable injury. In addition, and irrespective of the adequacy, availability, or award of monetary damages, I agree that in the event of such disclosure in  violation of this Release, Producer is entitled to seek, among other things, (a) injunctive relief, without posting any bond, to prevent and/or cure any breach or threatened breach of this  paragraph by me, (b) recovery or disgorgement of the monies or other consideration received in connection with such disclosure, if any, and (c) recovery of Producer and Distribution Entities’  attorneys’ fees incurred to enforce this paragraph. 

3. Performance/Interview Release: I hereby grant Producer and Distribution Entities and each of them the irrevocable and perpetual right and license to make video and/or sound  recordings of me, my Likeness and my appearance on the Program, including without limitation any and all performances, poses, compositions, stories (whether factual or fictional), songs,  statements, or actions made by me, whether written, spoken, sung, or otherwise expressed by me, or information given by me whether in any interview or otherwise (collectively, my  “Performance”), and the perpetual right to use these photographs, films, tapes and video and sound recordings (collectively, the “Recordings”), as well as my Likeness and/or any portion  thereof, regardless of whether or not I am recognizable, in and in connection with the Program and the Distribution and Advertisements throughout the universe, in any and all manners, formats  and media now known or hereafter devised. I acknowledge that the Recordings may be made by way of open or hidden microphones and/or cameras. The Program or any part thereof  (including without limitation my Likeness and/or Performance) may be edited, cut, added to, adapted, dubbed, modified and/or rearranged at Producer’s sole and absolute discretion. Without  limiting the foregoing, I acknowledge and agree that Producer may juxtapose any part of the Recordings with any other part of the Recordings in the Program, and alter the sequence of events  or of any information presented in the Recordings and the Program, including without limitation the order of any questions posed and/or answers given in the Recordings and the Program. I  acknowledge and consent to the fact that the use of my Likeness and/or Performance in the Program may be embarrassing and/or defamatory to me and/or may portray me in a false or  negative light. Notwithstanding the foregoing, I acknowledge that Producer is not obligated to use my Likeness and/or my Performance in any way or to include my Likeness and/or my  Performance in the Program. I hereby waive unconditionally and irrevocably throughout the universe the benefit of doctrine, principle or any provision of law known as “Droit Morale” or “moral  rights” or similar law, doctrine or principle, however denominated, now or hereafter prevailing in any part of the world, to the maximum extent permitted by any such applicable law, doctrine or  principle. 

4. Ownership of Materials: Producer shall be the sole owner of all rights of every kind and nature in and to the Recordings and all contents thereof, including without limitation the  results and proceeds of my Performance and any other services I render pursuant to this Release (collectively, the “Results and Proceeds”), in all media now known or hereafter devised,  throughout the universe in perpetuity, including without limitation, all rights of copyright (and all renewals, extensions and restorations thereof), trademark and all other intellectual property  rights now known or hereafter created, and all allied, ancillary, subsidiary and derivative work rights, and the right to use the Results and Proceeds as part of the Program, in any and all  manners, versions, formats and media, whether now known or hereafter devised. Without limitation of the foregoing, Producer owns, exclusively and in perpetuity, throughout the universe,  all motion picture rights, all television rights (including, without limitation, live, pay, cable, satellite, and Program television rights), prequel, sequel and remake rights, music publishing rights,  literary publication rights, videocassette and video disc or laser disc rights, soundtrack album rights, merchandising rights, theme park rights, stage play rights, interactive cable rights, internet  site rights, so-called “wireless” rights, multi-media cable rights, digital rights, and computer-assisted media rights (including without limitation, CD-ROM, CD-I, and other similar disc systems,  internet, interactive media and multimedia) or any other devices or methods now existing or hereafter devised, and promotional and advertising rights (including without limitation, novelizations,  printed synopses and excerpt rights and the right to broadcast, over radio, television, internet and all other media, advertisements with respect to productions produced hereunder) in connection  with my Performance, any other services performed by me hereunder, and/or the Program, and any versions thereof (collectively, the “Rights”). I acknowledge that the Results and Proceeds  are being specially ordered or commissioned by Producer for use as part of a motion picture or other audiovisual work and are considered a work made for hire for Producer and, therefore,  Producer is the sole author and copyright owner thereof for all purposes throughout the universe in perpetuity. If for any reason any or all of the Results and Proceeds are not deemed a work  made for hire, I hereby assign all rights in and to such Results and Proceeds and the Rights to Producer throughout the universe in perpetuity. All rights granted to Producer hereunder  (including without limitation all of the Rights) vest immediately without reservation, limitation or condition and remain vested whether this Release expires or is terminated for any reason. 

5. No Compensation: I understand and acknowledge that my appearance on the Program and in the Distribution and Advertisements does not fall under the jurisdiction of any SAG  or AFTRA agreements. My appearance and participation in any aspect of the Program is not a performance, and I am not portraying any role or part or taking direction as a performer, but am  appearing as myself. My appearance on the Program and in the Distribution and Advertisements is as a non-performer only, is not employment, and does not entitle me to wages, salary or  other compensation under any collective bargaining agreement or otherwise. Nothing herein contained is deemed to constitute an employment relationship, joint venture or partnership between  me and Producer, nor am I deemed Producer’s agent or representative for any purpose.  

6. Release of Claims; Indemnity: I represent that any statements made by me during my appearance are true, to the best of my knowledge, and that neither they nor my Performance  will violate or infringe upon the rights of any third party. I and my representatives, heirs, successors and assigns hereby absolutely, unconditionally and forever release and discharge the  Producer and Distribution Entities, all other persons and entities connected with the Program, and each of their respective present, future and former, direct and indirect parents, affiliates,  subsidiaries, affiliated and related entities and the principals, officers, directors, shareholders, members, agents, representatives, attorneys, employees, contractors, successors, assignees,  and licensees of each of the foregoing (collectively, the “Released Parties”) from any and all claims, actions, causes of action, proceedings, suits, awards, judgments, damages, liabilities, losses, costs and expenses of any kind (including without limitation attorneys’ fees) (collectively, “Claims”) arising out of, resulting from, or by reason of, the use of my Likeness and/or  Performance and my participation in or in connection with the Program and the Distribution and Advertisements (including without limitation personal injury, emotional distress, infringement of  copyright or trademark, invasion of rights of privacy and/or publicity, defamation and/or false/negative light). I agree to defend, indemnify and hold harmless the Released Parties and each of  them from any and all Claims caused by or arising out of my participation, Performance and/or appearance in connection with the Program and the Distribution and Advertisements (including  without limitation Claims arising from statements I make on the Program).  

7. Miscellaneous: I represent and warrant that (a) I am not currently a candidate for public office and I will not become a candidate for public office until at least one (1) year after  the initial broadcast or other exhibition of the final episode of the Program in which I appear; and (b) I have had the opportunity to review this Release before signing it. Any waiver of any term  of this Release in a particular instance will not be a waiver of such term for the future. I acknowledge and agree that in no event will I be entitled to rescind this Release or to seek injunctive  or any other equitable relief, or to interfere in any way with the development, production, distribution, advertising, promotion or other exploitation of the Program or the rights granted to Producer  herein. I agree that the invalidity or unenforceability of any part of this Release will not affect the validity or enforceability of any of the remainder of this Release. This Release constitutes the  entire agreement and understanding between me and Producer concerning the subject matter hereof, and supersedes and replaces any other prior negotiations, proposed agreements and  agreements, written and oral, relating thereto. I understand that this Release cannot be changed or terminated except by a written instrument signed by Producer and me. This Release and  the rights hereunder may be freely assigned and/or licensed by Producer, but may not be assigned in any fashion by me. This release and the rights granted herein shall inure to the benefit  of Producer and their respective licensees, successors, and assigns. This Release may be signed in counterparts each of which shall be deemed an original but all of which together will  constitute the Release. An electronic signature and/or facsimile or .pdf copy of a signature of a party will have the same effect and validity as an original signature. This Release is made with  reference to and is governed by the laws of the State of California (but not its conflict of law rules). The parties agree that any controversy, claim or dispute between them will be submitted to  final, confidential and binding arbitration before a single, neutral arbitrator in Los Angeles County, California for determination in accordance with the JAMS Streamlined (for claims under  $250,000) or the JAMS Comprehensive (for claims over $250,000) arbitration rules and procedures (including its optional appeal procedure) as the exclusive remedy. By agreeing to this  binding arbitration provision, I give up all rights to a trial by jury. 

BY THIS I INSTRUMENT AGREE TO EXEMPT AND RELEASE MY INSTRUCTORS, THE FACILITY OR MUNICIPALITY THROUGH WHICH I RECEIVE MY INSTRUCTION, AND DEEP END FITNESS, INC., AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.

I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE SIGNING BELOW ON BEHALF OF MYSELF AND MY HEIRS.