DEEP END FITNESS LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT

I hereby affirm that I am aware that underwater breath-holding fitness exercises have inherent risks that 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 involve 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 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 despite the possible hindrance or delay of rescue and/or medical treatment.

I understand and agree that neither the facility nor the municipality through which I train at, Deep End Fitness, LLC 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 programs, hereinafter referred to as "program," I hereby personally assume all risks of this program, whether foreseen or unforeseen, that may befall me. At the same time, I am a participant in this program, including, but not limited to, the academics, confined water (e.g., pool) and/or open water activities.

The agreeing party hereby acknowledges and agrees to use a partner in accordance with the "buddy system" for all breath work exercises included in this program. It is expressly understood that all breath work workouts in the pool are to be conducted with the presence of a designated partner to ensure safety and proper support throughout the practice. The agreeing party further agrees that under no circumstances shall any breath-holds or underwater movements be conducted alone.

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 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, 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 I have signed this Agreement of my own free act 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 giving up my right to sue the Released Parties and 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 stopped from claiming otherwise because of my representations to the Released Parties.

BY THIS INSTRUMENT, I AGREE TO EXEMPT AND RELEASE MY INSTRUCTORS, THE FACILITY OR MUNICIPALITY THROUGH WHICH I RECEIVE MY INSTRUCTION, AND DEEP END FITNESS, LLC 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

NOTE TO PARENTS/GUARDIANS OF MINORS

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU AGREE THAT EVEN IF DEEP END FITNESS, LLC  OR ANY OF THEIR AFFILIATE AND SUBSIDIARY CORPORATIONS, RESPECTIVE EMPLOYEES, OFFICERS, AGENTS, CONTRACTORS, INDEPENDENT CONTRACTORS, INSTRUCTORS, AND ASSIGNS USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. 

BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM DEEP END FITNESS, LLC OR ANY OF THEIR AFFILIATE AND SUBSIDIARY CORPORATIONS, RESPECTIVE EMPLOYEES, OFFICERS, AGENTS, CONTRACTORS, INDEPENDENT CONTRACTORS, INSTRUCTORS AND ASSIGNS IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND DEEP END FITNESS, LLC OR ANY OF THEIR AFFILIATE AND SUBSIDIARY CORPORATIONS, RESPECTIVE EMPLOYEES, OFFICERS, AGENTS, CONTRACTORS, INDEPENDENT CONTRACTORS, INSTRUCTORS AND ASSIGNS HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

Deep End Fitness Media Release and Consent Agreement

I have agreed to participate in the activities, classes, and events conducted by Deep End Fitness (the "Organization"), which may include photography, videography, and other media production (collectively referred to as the "Media Content"). I understand and acknowledge that I will not receive any monetary compensation for my appearance or participation in the Media Content or for any rights granted under this agreement, including its use in promotional, advertising, and marketing efforts across various media platforms, including but not limited to television, internet, print, and social media.

In consideration of my participation in the Organization’s activities and for other valuable consideration, the receipt of which I hereby acknowledge, I agree as follows:

1. Grant of Rights

I grant Deep End Fitness and its affiliates, licensees, successors, and assigns (the "Licensed Parties") the perpetual, worldwide, and irrevocable right to record, use, publish, and reuse my name, likeness, image, voice, and any other indicia of identity ("Likeness") in connection with the Media Content. This includes, but is not limited to, using the Media Content for advertising, marketing, promotional, and educational purposes across all formats and media now known or hereafter developed, including television, websites, social media platforms, and print publications.

I acknowledge that the Licensed Parties may edit, modify, or alter the Media Content in any way at their sole discretion and that I waive the right to inspect or approve the final materials.

2. Confidentiality

I agree not to disclose any confidential or proprietary information regarding the Organization's operations, events, or media production obtained during my participation without prior written consent. Unauthorized disclosure constitutes a material breach of this agreement, entitling the Organization to seek appropriate legal remedies, including injunctive relief and recovery of damages.

3. Ownership of Media Content

I acknowledge that all rights, title, and interest in the Media Content, including copyrights and derivative works, belong exclusively to Deep End Fitness. I waive any claims to ownership or compensation related to the Media Content or its use.

4. No Compensation

I understand that my participation in the Media Content is voluntary and does not entitle me to wages, royalties, or other compensation. I further acknowledge that this agreement does not create an employment relationship.

5. Release of Claims

I release and discharge the Licensed Parties and their agents, affiliates, and representatives from any claims or liabilities arising from the use of my Likeness in the Media Content, including claims of defamation, invasion of privacy, or misrepresentation.

6. Miscellaneous

• Governing Law: This agreement is governed by the laws of the state in which Deep End Fitness operates.

• Entire Agreement: This document constitutes the entire agreement between the parties and supersedes any prior discussions or agreements.

• Assignability: The Licensed Parties may assign their rights under this agreement, and these rights will inure to their successors and assigns.

• Electronic Signature: A facsimile or electronic signature is as valid as an original.

Acknowledgment and Acceptance

I have read and fully understand this Media Release and Consent Agreement. By signing, I agree to its terms voluntarily and without reservation.