I understand that the ELLIPTICA technique is proprietary information by nature and that I hereby acknowledge and agree that under no circumstances may I, nor will I, record, teach, reproduce or disseminate in any way any of the exercises, movements, class formats, choreography, or music compilations from this studio, its’ agents or employees, or materials affiliated with it. I understand that any violation of this provision on my behalf, or on that of any affiliated entity as listed above, WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW AND WILL INCLUDE, BUT NOT BE LIMITED TO, INJUNCTIVE RELIEF, ACTUAL AND PUNITIVE DAMAGE, AS WELL AS ATTORNEYS FEES.

 

THIS RELEASE AND INDEMNITY AGREEMENT (“Release”) is made by the undersigned PARTICIPANT, or the parent or legal guardian of the PARTICIPANT if under the age of eighteen (18) years (hereinafter, the “PARTICIPANT”), to release and indemnify ELLIPTICA STUDIOS, LLC, a Connecticut limited liability company doing business as ELLIPTICA (hereinafter ELLIPTICA and ELLIPTICA STUDIOS LLC are collectively referred to as “ELLIPTICA”), and all of their respective members, employees, successors, assignees, heirs, agents, and contractors as set forth below. PARTICIPANT, on PARTICIPANT’s own behalf and on behalf of the other members of the PARTICIPANT’s family, including PARTICIPANT’s spouse, parents, children, heirs, successors, and assignees (singularly and collectively referred to as “PARTICIPANT”) hereby grants to ELLIPTICA this full release and indemnification in consideration for permitting PARTICIPANT to participate in this exercise program. PARTICIPANT is entering into this Release after having viewed, or having had the opportunity to view the studio; having reviewed the instructor’s qualifications, having had the scope of the services and associated risks explained; and having had an opportunity to ask questions regarding the services and risks associated with this exercise program. PARTICIPANT is voluntarily participating in the exercise program with full knowledge, understanding and appreciation of the risks inherent in and associated with the exercise program and any physical exercise and hereby expressly acknowledges that she assumes all risks of injury or even death which could occur by reason of PARTICIPANT’s participation. PARTICIPANT hereby releases and holds harmless ELLIPTICA from any liability, loss, or injury and agrees not to sue ELLIPTICA with respect to any claims or cause of action including, but not limited to, bodily injury, property damage or destruction, or wrongful death occurring to PARTICIPANT as result of participating in this exercise program. PARTICIPANT hereby assumes full responsibility for risks of bodily injury, property damage or death to PARTICIPANT due to the ordinary negligence or gross negligence of ELLIPTICA ad the ordinary negligence gross negligence, or willful misconduct of any third party including others participating in the exercise program. PARTICIPANT agrees to indemnify, defend and hold harmless, at PARTICIPANT’s sole cost, ELLIPTICA from any and all claims arising out of PARTICIPANT’s participation in the exercise program including, without limitation, attorneys’ fees and expenses incurred by ELLIPTICA. All personal property brought to ELLIPTICA is brought at the sole risk of the PARTICIPANT as to its theft, damage, or loss. ELLIPTICA is not responsible for any personal items left by PARTICIPANT in ELLIPTICA’s facility. PARTICIPANT agrees that ELLIPTICA STUDIOS, LLC may photograph or videotape the class I attend for promotional, training or other purposes. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the ELLIPTICA STUDIOS, LLC. PARTICIPANT expressly agrees that the terms of release indemnity contained herein are intended to be as broad and inclusive as is permitted by the laws of the State of Connecticut. Any provision of this Release found to be invalid by any court having jurisdiction over the foregoing shall be invalid only with respect to such provision or portion. PARTICIPANT CERTIFIES THAT HE/SHE IS AT LEAST 18 YEARS OF AGE, OR IF HE/SHE IS UNDER 18 YEARS OF AGE, THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN CERTIFIES, THAT HE/SHE HAS READ AND VOLUNTARILY SIGNS THIS RELASE AND INDEMNITY AGREEMENT. PARTICIPANT ACKNOWLEDGES THAT HE/SHE HAS BEEN COMPLETELY ADVISED OF THE POTENTIAL RISKS INCIDENTAL TO ENGAGING IN THIS EXERCISE PROGRAM AND IS FULLY AWARE OF THE LEGAL CONSEQUENCES OF SIGNING THIS RELEASE.