Boundless Family Challenge Waiver and Participant Agreement

Boundless Family Challenge Waiver

Name ("Participant")(Required)

First Last

Date(Required)

Release and Waiver of Liability, Assumption of Risk & Indemnification Agreement(Required)

I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT

Event Date(s): January 30th-February 28th

Releasees: Ben Greenfield Coaching, LLC (the “Company”),and its managers, members, officers, agents, employees, representatives, contractors, coaches, trainers, nutritionists, volunteers or others in any way associated with the Company (“Releasees”)

IN CONSIDERATION for being permitted to compete and/or participate in any way in the Challenge, Participants agree to and acknowledge all the terms and conditions set forth in this Release and Waiver of Liability, Assumption of Risk, and Indemnity Agreement (“Agreement”).

1. The Challenge may include, without limitation, the following: walking at a moderate to high effort on a various surfaces including grass; muscular stretching and flexibility exercises; body weight and calisthenic exercises, including push-ups, sit-ups, squats and lunges; plyometric and jumping activities including straight up and side to side jumping on surface such as rubber, grass, and asphalt; suggested take home exercises; weightlifting; suggested meal plans, menus, or recipes; or any other activity recommended or suggested by Releasees.

(“Activities”).
2. Assumption of Risk. WE (FAMILY) ARE AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE INHERENTLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY (INCLUDING, BUT NOT LIMITED TO, ABNORMAL BLOOD PRESSURE, FAINTING, DISORDERS IN HEARTBEAT, HEART ATTACK, JOINT INJURIES, OR BECOMING TOTALLY OR PARTIALLY DISABLED OR INCAPABLE OF PERFORMING GAINFUL EMPLOYMENT), DEATH AND/OR PROPERTY DAMAGE OR LOSS. WE ACKNOWLEDGE THAT ANY INJURIES THAT WE SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS. WE ACKNOWLEDGE THAT WE ARE VOLUNTARILY PARTICIPATING IN THE CHALLENGE WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH AND/OR PROPERTY DAMAGES OR LOSS, WHETHER CAUSED BY OUR OWN ACTIONS OR INACTIONS, OUR SURROUNDING CONDITIONS, OR EVEN THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

3. Participant’s Fitness to Participate.
We declare ourselves physically and mentally sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent our participation in the Activities. We have been notified that it is highly recommended to obtain a physician’s approval prior to our participation in the Activities. We recognize it is our sole responsibility to obtain an examination by a physician prior to participation in the Activities. We acknowledge we have either had a physical examination and been given our physician’s permission to participate, or if we have chosen not to obtain a physician’s permission prior to participating in the Activities and we acknowledge we are doing so at our own risk. We understand that if under any circumstances we experience lightheadedness, dizziness, muscular pain, excessive fatigue or any other painful or uncomfortable signs, we should immediately discontinue the Activities and should seek medical help. Further, we have been informed that we should consult a physician before undergoing any dietary or food supplement changes. We certify that we have adequate insurance to cover any injury or damage we may cause or suffer while participating, or else we agree to bear the costs of such injury or damage ourselves. We further certify that we are willing to assume the risk of any medical or physical condition, impairments, injuries, or illnesses that will endanger ourselves or others.

4. Notice of Limitations. We hereby acknowledge that the Company’s personal trainers, coaches, and sports nutritionists are not physicians, registered dieticians or health care providers. They do not diagnose, treat, or provide advice for any disease or other condition. We hereby acknowledge and agree that it is our responsibility to consult with our physician prior to following any recommendations or suggestions from Releasees related to Activities including, but not limited to, physical activity, the use of food or nutritional supplements, food substitutions, caloric intake, meal plans, recipes, and menus.

5. Release and Waiver of Liability. WE HEREBY VOLUNTARILY AGREE NOT TO SUE, AND RELEASE, WAIVE, AND FOREVER DISCHARGE RELEASEES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES OR DAMAGES ON ACCOUNT OF OUR INJURY (INCLUDING, BUT NOT LIMITED TO, SERIOUS PERSONAL AND BODILY INJURY, DISABILITY, MENTAL INJURY, PAIN AND SUFFERING, SEVERE SOCIAL AND ECONOMIC LOSSES, EMOTIONAL DISTRESS, OR OTHERWISE), DEATH, OR PROPERTY DAMAGE OR LOSS, ARISING OUT OF OR RELATED TO THE EVENT OR THE ACTIVITIES AND/OR OUR PARTICIPATION THEREIN, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.

6. Indemnification And Hold Harmless. We agree to indemnify and hold Releasees harmless from, without limitation, any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees, incurred, brought as a result of or arising out of our involvement in the Event and participating in the Activities and to reimburse Releasees for any such costs and expenses as they are incurred. We further agree that if, despite this agreement, we or anyone on our behalf, makes a claim against any of the Releasees, we will indemnify, save and hold harmless each of the Releasees from any litigation expenses, attorney’s fees, losses, damages or costs that may occur as the result of such claim.

7. Limitation on Liability. To the maximum extent permitted by law, Participants agree that in no event will Releasees be liable to Participant for any damages, claims or costs whatsoever or any consequential, indirect, incidental or special damages, or any lost profits or savings, under any legal theory of liability arising out of the Event, Activities or this Agreement, even if a Releasee or its representative has been advised of the possibility of such loss, damages, claims or costs or if such possibility was reasonably foreseeable.

8. Governing Law; Venue; Severability. Participants agree that any lawsuit against Releasees, shall be filed in the State of Washington and the substantive law of Washington shall be applied, without regard to conflict of law rules of that state. Notwithstanding the foregoing, Participants expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Washington and that if any part of any provision is held to be invalid, it is agreed that the balance of the provisions shall continue in full legal force and effect, notwithstanding such invalidity.

9. Binding Effect. This Agreement shall be binding upon and insure to the benefit of the parties and their heirs, executors, administrators, successors, legal representatives, and assigns.

10. Acknowledgements and Full Release. We acknowledge that Releasees have given us the opportunity to discuss the provisions of this document with legal counsel, and that I have either had such discussions, or chosen not to do so. We also acknowledge that we have been given the right to object to and bargain regarding any of these provisions, but have voluntarily and knowingly chosen not to do so. We are freely and voluntarily signing this Agreement and intend that our signatures be the complete and unconditional release of all liability to the greatest extent allowed by law.

BY SIGNING, WE ACKNOWLEDGE THAT WE HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT WE ARE VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES. WE HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. WE HAVE READ AND UNDERSTAND IT, AND WE AGREE TO BE BOUND BY ITS TERMS.

Digital Signature of Registrant(Required)

Digital Signature of Household Participant

The Challenge Participant Agreement(Required)

I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT

THIS CHALLENGE PARTICIPATION AGREEMENT (“Participation Agreement”) states the terms and conditions all family members participating (“Participants”) agree to with Ben Greenfield Coaching, LLC (“Company”) in participating in the Ben Greenfield Coaching 4-Week Boundless Family Challenge (“The Challenge”). By registering for The Challenge, Participants and members of their family affirm acceptance of, and agree to comply with, this Participation Agreement. Prior to your participation, you must acknowledge and accept the terms and conditions contained herein. Should you not wish to accept this Participation Agreement, participants should not participate.

Cost:

The non-refundable cost to participate in The Challenge is $250. Upon purchase of The Challenge, participants will be eligible for a chance to be selected for a grand prize. Due to the amount of time and effort put forth to set-up and organize The Challenge, there will be no refunds due to illness or injury, or for any reason within or outside of your control.

Eligibility:

The Challenge is open for registration to anyone who is 18 years of age or older at the start of The Challenge. Anyone under the age of 18 may participate only under the direct supervision of a parent or legal guardian over the age of 18. In order to participate, participants must execute and agree to this Participation Agreement, and the Liability Waiver and Release Agreement. Participants agree to abide by the decisions of Ben Greenfield Coaching, LLC (the “Company”), which are final and binding on all matters pertaining to The Challenge. The Company reserves the right to disqualify any Participants that they determine, in their sole discretion, are ineligible to participate in The Challenge.

Summary & Dates:

The Challenge officially starts Monday, January 30th, 2023. At the end of 4 weeks, participants must submit a final survey by 11:59pm EST on Friday, February 24th, 2023. Participants will be notified via the email they provided if selected for a prize. Company reserves the right to modify or change the dates of The Challenge at any time.

Rules:

Participants must submit the intake and exit surveys prior to being eligible for the grand prize. Participants should post updates regarding their Challenge progress via Instagram. Participants may participate in weekly Zoom calls that cover topics pertaining to information sent out in weekly emails. Participants will receive general fitness and nutrition guidelines to follow throughout the duration of The Challenge. Participants will track their progress using provided print materials. Participants may participate in daily exercise as able. Rule interpretations and all judging decisions by the Company are final. The Company does not guarantee any results by completing The Challenge. Participants must sign a Liability Waiver and Release Agreement prior to the start of The Challenge on January 30th, 2023.

The Challenge:

Participants are required to complete an entrance survey and submit information of participating family members. Emails will be sent to participants weekly that contain the link to a blog post that contains that week's topic information, the link to a weekly Zoom call, print material to track progress throughout the Challenge, and any additional announcements. Participants may engage in the weekly Zoom calls related to those weekly topics. Participants are encouraged to track their progress using print materials provided. Participants are encouraged to post photos related to their progress on social media channels.

Prizes for The Challenge will be awarded based on participants' engagement in weekly Zoom calls, tracking and completion of weekly tasks, social media engagement, and completion of entry and exit surveys.

Prizes:

There will be two (2) total prizes awarded, one to each of the two (2) participating family recipients selected for either first or second place. The prizes are as follows:

1st Place Family – Copy of Boundless Parenting Book, a 100% off coupon for Legado Family program.

2nd Place Family – Copy of Boundless Parenting Book, Neurohacker supplement bundle.

Prizes must be claimed within thirty (30) days. Prizes are not redeemable for cash. Prizes are not transferable, and no substitutions are allowed, except by Company which reserves the right to award a prize of equal or greater value if the advertised prize is unavailable. Unclaimed prizes will not be awarded. All taxes and other expenses related to any prize are the responsibility of the prize recipient.

Confidentiality:

All content and materials shared by Company or coaches with Participants are confidential. Participants agree to not disseminate any information posted or shared in The Challenge and/or on the Platform with any third parties. Any content disseminated in violation of this provision will be grounds for disqualification from The Challenge and any future Challenges. All content and information provided to Company or coaches by Participants during The Challenge is not subject to confidentiality per the likeness release below.

Likeness License for Use by Company and Release:

In connection with Participants’ participation in The Challenge, the Participants consent and agree to allow the Company to use Participants’ Personality Content (hereinafter defined) to be used in the creation, development, production, marketing and promotion of The Challenge, the Company, and the distribution, sale and marketing of products in connection thereto. Accordingly, upon entering into this Participation Agreement, Participants hereby grant to Company, without further authorization, a non-exclusive, irrevocable, worldwide license (the “License”), to make use of, copy, reproduce, modify, adapt, distribute, transmit, broadcast, display, exhibit, project and to otherwise exploit the Personality Content alone, or in composite and/or conjunction with other materials, including, without limitation, audio, video, animation, text and graphics, by any means, methods and technologies now known or hereafter to become known, solely in connection with the creation, development, production, marketing, and promotion of The Challenge, the Company and its products, including, without limitation, the production of advertisements, promotional videos or other content for use on the www.BenGreenfieldCoaching.com website or through other media including, without limitation, social media. Participants acknowledge that Participants will not receive any compensation for Company’s use of Personality Content voluntarily submitted by Participants. As used herein, the term “Personality Content” shall be deemed to include: (a) Participants’ full and formal name, nicknames or alias identities (collectively, the “Names”) or any shortening, abbreviations, or alternative renderings of the Names; (b) information, images, or videos from Participants provided to Company through the Platform or coach, or posted by Participants on social media; (c) any and all renderings of Participants’ voice, image, likenesses; and (d) any and all attributes of Participants’ personality and appearance.

Participants hereby agree to release Company from, and covenant not to sue Company for, any claim or cause of action, whether known or unknown, for defamation, misappropriation, invasion of right to privacy, appropriation of privacy, infringement of rights of publicity or personality, intrusion, false light or any other claim or cause of action (collectively “Claims”) based upon Company’s use of the Personality Content authorized by Participants above. Participants acknowledge the inherent risk that upon publication and/or use of Personality Content by Company, third parties may have access to Personality Content, and you hereby release and hold Company harmless for any liability from or responsibility for use of any Personality Content by any third parties, including, but not limited to, any Claims based on such use.

General Disclaimer; No Warranties:

The Challenge including, without limitation, the coaching and information in connection therewith, are provided by Company as informational and entertainment purposes only. The Challenge including, without limitation, the coaching and information in connection therewith, ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER FOR PERSONAL MEDICAL ATTENTION, DIAGNOSIS, TREATMENT AND ADVICE FOR ANY DISEASE OR OTHER CONDITION OR CONCERN; DO NOT USE THE CHALLENGE, ITS COACHING OR INFORMATION PROVIDED, AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. Participants shall consult their personal physician or health care practitioner before beginning any nutrition, supplementation or exercise program.

COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ITS WEBSITE, PLATFORM, SERVICES, CONTENT AND ALL OTHER INFORMATION PROVIDED, AVAILABLE ON OR PROMOTED THROUGH COMPANY. THE PLATFORM, WEBSITE, AND ALL CONTENT (INCLUDING MESSAGES OR COMMUNICATIONS BY COACHES OR THIRD-PARTIES) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, AFFILIATES, AND COACHES (COLLECTIVELY “COVERED PARTIES”), DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF THIRD PARTIES RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES ABOUT THE SECURITY AND OPERATION OF THE PLATFORM OR WEBSITE, AND THAT ANY TRANSMISSIONS OR ACCESS TO OR FROM WEBSITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

THE COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION IN, OR LINKS OR SEARCHES CONDUCTED THROUGH THE CHALLENGE, PLATFORM OR WEBSITE ARE COMPLETE, EXHAUSTIVE, RELIABLE, CURRENT OR ACCURATE. NO CLAIMS OR ENDORSEMENTS ARE MADE FOR ANY DRUG, HERB, SUPPLEMENT, COMPOUND, THERAPY, OR TREATMENT.

General Conditions/Restrictions:

Winning or accepting any prize that may be awarded herein is contingent upon fulfilling all tax, regulatory, and legal obligations (including completion of any forms required in connection therewith) and any other requirements set forth this Participation Agreement, which shall all be solely at Participants’ obligation. Company reserves the right to cancel, suspend, and/or modify The Challenge and/or extend or delay the submission periods, judging periods, winner announcements, prize awards, or any part of thereof for any reason.

Digital Signature of Registrant(Required)

Digital Signature of Household Participant