WorkRate, Inc. Personal Training Activities – Waiver and Release Agreement

1. General Terms

I understand the nature of strength, conditioning, and personal training activities and believe I am qualified to participate. I acknowledge that the Activity may be conducted at my home or in a studio. I agree that if, at any time, I believe conditions are unsafe, I will immediately stop participating.

2. Participation Agreement

I agree to participate in WorkRate, Inc.’s Activity. I understand that participation requires my acceptance of this agreement and completion of any pre-assessment activities required by WorkRate, Inc.

3. Assumption of Risk

I fully understand and acknowledge that:
- (a) Strength, conditioning, and personal training involve inherent risks, including serious injury, permanent disability, paralysis, or death (“Risks”);
- (b) These Risks may result from my own actions or inactions, those of other participants, environmental conditions, or the negligence of the “Releasees” defined below;
- (c) There may be additional risks not currently known or foreseeable; and
- (d) I fully accept and assume all such risks and take full responsibility for any resulting loss, damage, or injury.

4. Waiver, Release of Liability, and Indemnification

I hereby release, discharge, and covenant not to sue WorkRate, Inc., its administrators, directors, agents, officers, volunteers, employees, other participants, sponsors, advertisers, and, if applicable, property owners/lessors (collectively, the “Releasees”), for any liability, claims, demands, losses, or damages caused or alleged to be caused in whole or in part by the negligence of the Releasees or others, including negligent rescue operations.

If I or anyone on my behalf brings a claim against any of the Releasees, I will indemnify and hold harmless each of them from any resulting litigation expenses, attorney fees, liabilities, damages, or costs.

5. Photo and Video Release

I grant WorkRate, Inc. the right to use my image, likeness, and voice as captured via audio or video without compensation. I understand these materials may be edited, published, distributed, or displayed publicly (including on the Internet) without my approval and may be used in various commercial settings worldwide.

I release WorkRate, Inc. and the Releasees from any claims, including those related to privacy, likeness appropriation, or defamation. I waive any right to royalties or other compensation associated with these recordings.

6. Data Privacy Consent

To administer the Activity and this agreement, WorkRate, Inc. and its affiliates (collectively, the “Relevant Companies”) may collect and process personal and biomechanical data, including but not limited to:
- Health history
- Cardiovascular and pulmonary data
- Work rate and biometric information

By signing this agreement, I authorize:
- The collection, storage, and processing of such data;
- Transfer of the data to the Relevant Companies and across jurisdictions as needed;
- Use of the data consistent with applicable law.

I waive any privacy rights that may conflict with the authorized use outlined above.

7. Data Protection

Personal data collected through the Activity may be stored and processed in the U.S. or any other location where WorkRate, Inc. or its affiliates operate. By registering and participating, I consent to the transfer and storage of personal data outside my country of residence.

WorkRate, Inc. uses commercially reasonable safeguards (e.g., multi-factor authentication) to protect personal data. Submission of data signifies my consent to these practices.

8. COVID-19 Liability Waiver

I acknowledge the contagious nature of COVID-19 and understand that WorkRate, Inc. follows CDC guidelines, including social distancing and face coverings. Despite preventive measures, I understand there is no guarantee of non-exposure.

I accept the risk of exposure due to my participation, including from other participants and staff. I agree to follow all procedures designed to minimize spread while attending services.

9. Governing Law

This agreement shall be interpreted in accordance with the laws of the State of New York. If any portion of this agreement is found invalid, the remainder shall remain in full force and effect.

Acknowledgment

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND ACKNOWLEDGE THAT I AM WAIVING SUBSTANTIAL RIGHTS BY SIGNING IT. I SIGN FREELY AND VOLUNTARILY, WITHOUT INDUCEMENT, AND INTEND IT TO BE A COMPLETE RELEASE OF LIABILITY TO THE MAXIMUM EXTENT ALLOWED BY LAW.

Parental Consent and Indemnification (for Participants Under 18)

I, the minor’s parent and/or legal guardian, confirm the minor is capable of participating in the Activity. I hereby release and agree to indemnify the Releasees from any claims resulting from the minor’s participation, including those arising from negligence or rescue efforts.

If a claim is made by or on behalf of the minor, I agree to indemnify and hold harmless the Releasees for any resulting costs, legal fees, or damages.