WORKRATE PARTICIPATION AGREEMENT

In consideration of me being permitted to participate in any way in the WorkRate, Inc. Personal Training  Activities (“Activity”), I agree: 

1. General Terms. I understand the nature of Strength, Conditioning, and/or Personal Training activities and believe I am qualified to participate in such Activity. I further acknowledge that I  am aware the activity will be conducted at my home or in a studio during the Activity. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity. 

2. Participation Agreement. I agree to participate in WorkRate, Inc.’s Activity. I understand that in order to participate in the Activity, I must accept this agreement; in addition, I must complete any pre-assessment activities required by WorkRate, Inc.. 

3. Assumption of Risk. I fully understand that: (a) Strength, Conditioning, and Personal Training  Activities involve risks and dangers of serious bodily injury, including permanent disability,  paralysis, and death (“Risks”); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the  Activity takes place, or the negligence of the “Releasees” named below; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and (d) I fully accept and assume all such risks and all responsibility for losses, costs, and damages incurred as a result of my participation in the Activity. 

4. Waiver and Release of Liability and Indemnification. I hereby release, discharge, covenant not to sue, and agree to indemnify and save and hold harmless WorkRate, Inc., any respective administrators, directors, agents, officers, volunteers, and employees, other participants, any sponsors, advertisers, and if applicable, owners and lessors of premises on which the Activity takes place (each considered one of the “Releasees” herein) from all liability, claims, demands,  losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations, and further agree that if, despite this release, I, or anyone on my behalf makes a claim against any of the Releasees named above, I will indemnify, save and hold harmless each of the Releasees from any litigation expenses, attorney fees, loss liability, damage or costs any may incur as the result of any such claim. 

5. Photo and Video Release. I hereby grant permission to WorkRate, Inc. the right to use my image,  likeness, and sound of my voice as recorded on audio or videotape without payment or any other compensation. I understand that my image may be edited, copied, exhibited, published, or distributed, and waive the right to inspect or approve the finished product wherein my likeness appears. I hereby release, acquit, and forever discharge WorkRate, Inc., and the above-named  Releasees from any and all claims, demands, rights, promises, damages, and liabilities arising out of or in connection with the use or distribution of said photographs and/or video recordings,  including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse commercial settings within an unrestricted geographic area. By signing this release, I understand this permission signifies that photographic or video recordings of me may be electronically displayed via the Internet or in public business settings. 

6. Data Privacy Consent. In order to administer the Activity and this Agreement, WorkRate, Inc.,  its subsidiaries and affiliates, and certain agents thereof (together, the “Relevant Companies”), may process any and all personal or biomechanical data, including but not limited to health history,  pulmonary function, cardiovascular function, work rate data, biochemical data, biometric data, and any other information that is necessary or desirable for the administration of the Activity and/or this Agreement (“Relevant Information”). By entering into this Agreement, I hereby grant: (a) authorization to collect, process, register, and transfer to the Relevant Companies all Relevant  Information; (b) a waiver of any privacy rights I may have with respect to the Relevant  Information; (c) authorization to the Relevant Companies to store and transmit such information in electronic form; and (d) authorization to transfer the Relevant Information to any jurisdiction in which the Relevant Companies consider appropriate. Relevant Information will only be used in accordance with applicable law. 

7. Data Protection. Your information collected through the Activity (WorkRate, Inc.) may be stored and processed in the United States or any other country in which WorkRate, Inc., or any of its  Relevant Companies maintain facilities. WorkRate, Inc., or any of its Relevant Companies may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. By registering for and using the Activity you consent to the transfer of information to the U.S. or to any other country in which WorkRate, Inc., or any of its Relevant Companies maintain facilities and the use and disclosure of information about you as described in this  Agreement. We use commercially reasonable safeguards to help keep the personal information collected through the Activity secure and take reasonable steps (such as utilizing multi-factor authentication password protection) to verify your identity before granting access to your personal information. Your agreement to the terms of this policy, followed by your submission of information in connection with the Service, represents your agreement to this international transfer of personal data. 

8. COVID-19 Liability Waiver. I acknowledge the contagious nature of the COVID-19 virus, and respect that WorkRate, Inc. adheres to the CDC recommendations of practicing social distancing and wearing face coverings. I further acknowledge that WorkRate, Inc. has put in place preventative measures to reduce the spread of the COVID-19 virus, to the best of their abilities. I  acknowledge that no guarantee exists regarding whether or not I may contract COVID-19. I  understand that the risk of becoming exposed to and/or infected by the COVID-19 virus may result from the actions, omissions, or negligence of myself and others, including, but not limited to, staff and other clients. I further acknowledge that I increase my risk of exposure to COVID-19  by participating in services rendered, and that I must comply with all set procedures to reduce the spread while in attendance. 

9. Governing Law. I expressly agree that the foregoing Waiver and Release of Liability, Video/Photograph Release, and Indemnification Agreement are intended to be as broad and inclusive as permitted by the law in the State of New York.  

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND  THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT  FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND  INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO  THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF  THIS AGREEMENT IS HELD TO BE INVALID THAT THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.