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PARTICIPANT INTAKE FORM, WAIVER, AND RELEASE

PROJECT R3SIN                                                                                                              EMAIL: info@ProjectR3sin.com

3821 S. Bristol Street                                                                                                        TELEPHONE: 714-844-8844

Santa Ana, CA 92704

Purpose

Please carefully review this Participant Intake Form, Waiver, and Release (“Release”), which forms a binding contract between you (“Participant” or “you”), and Ultimate Fitness Group, LLC d/b/a PROJECT R3SIN, together with its affiliates, subsidiaries, successors, and their respective officers, directors, employees, agents, and assigns (collectively, “PROJECT R3SIN” or the “Company”).  This Release is required to be reviewed and executed prior to participating in any fitness activities at 3821 S. Bristol Street, Santa Ana, CA 92704 (the “PROJECT R3SIN Test Facility” or “Facility”) and/or a related designated location (each, a “PROJECT R3SIN Studio” or “Studio”) associated with the PROJECT R3SIN concept (collectively, the “Activities”).

General Information

Physical Activity Readiness Questions

Has your doctor ever told you that you have:
Has a healthcare provider ever told you that you should not perform physical activity, or that you should only perform physical activity recommended by a doctor?
Do you feel pain in your chest while participating in physical activity?
In the past month, have you had chest pain when you were not doing physical activity?
Do you lose your balance because of dizziness, or do you eve lose consciousness?
Do you have any muscle, tendon, ligament, bone or joint prolems that could be exacerbated by a change in your physical activity?
Are you currently pregnant, planning to become pregnant, or recently postpartum?
Are you currently taking any medications or supplemens that may affect your heart rate or blood pressure?
Do you know of any other reason(s) why you should not do physical activity?
If you answered yes to any of the above, please confirm that you have received guidance from your physician to change your exercise routine.

Please postpone engaging in the Activities if you feel unwell due to illness, such as a cold or fever.

IMPORTANT INFORMATION

If you’ve answered YES to one or more Physical Activity Readiness questions above, PROJECT R3SIN recommends that BEFORE you participate in any Activities, including any fitness session, such as those which PROJECT R3SIN provides, you consult with your physician or medical provider to determine if it is safe for you to do so. 

 

If you’ve answered NO to all Physical Activity Readiness questions above, PROJECT R3SIN shall operate under the impression that you have done so with full knowledge of your physical readiness and ability to participate in Activities, including fitness session which PROJECT R3SIN provides.  

 

To help ensure your safety when participating in Activities, please carefully review and abide by the following recommendations:

  • Complete an introductory onboarding session prior to participating in any Activities.

  • Ensure you are comfortable with the fitness equipment located within the Facility/Studio.

  • Start conservatively and adjust your intensity levels as needed according to your rate of perceived exertion, paying attention to your ability to control a selected weight and watching out for signs of fatigue such as dizziness or shortness of breath.

  • Always follow the coach’s instructions and use modifications provided by the coach as needed.

 

In the event your health status changes after you’ve consulted with your physician, so that your answer to any of the Physical Activity Readiness questions becomes YES, please notify a PROJECT R3SIN staff member before participation in any Activities.

Participation. You freely and voluntarily agree to participate in the Activities including, but not limited to, the use of assorted exercise and other equipment, such as air bikes, free weights, handheld massage devices, and any related prototypes whether at the Facility or a Studio.  You understand that the Activities are available to you at the sole and absolute discretion of PROJECT R3SIN and that the Company may cease to offer the Activities at any time without any obligation to you. 

 

You are aware that engaging in the Activities, including, without limitation, the use of exercise and other equipment such as air bikes, free weights, handheld massage devices, and any related prototypes, may be hazardous. You are voluntarily participating in such activities with complete knowledge of the perils involved and agree to accept any and all risks of injury, damage to your personal property and/or any other liabilities. You understand that it is your responsibility to review, understand, and abide by the terms of use and instructions for all Activities related to experimentation and testing, including equipment use, and that by using any prototypes or piloted products in the Facility or Studio location you acknowledge and consent to all requirements and instructions where provided. This Release shall be binding upon you and your heirs, assigns, estate, agents, and representatives.

 

Feedback and Confidential Information. In exchange for the opportunity to take part in the Activities, you freely and voluntarily agree to test, evaluate, and provide feedback regarding such Activities as requested by the Company (“Feedback”). You acknowledge and understand that: (i) the Activities may be in developmental stages and may not be publicized or released beyond the Facility or Studio; (ii) in providing the Activities, you may be privy to certain confidential information of the Company including that regarding technology, processes, research, development, manuals, marketing, information or other business plans or materials (collectively, “Confidential Information”); (iii) Confidential Information includes Feedback considered to be confidential in nature and is owned solely by the Company; and (iv) Confidential Information excludes information the Company expressly authorizes you to disclose.

During your participation in the Activities and in perpetuity thereafter, you agree that you will not, without the prior, express written consent of the Company in each and every instance: (a) use the Confidential Information for any purpose considered competitive to the Company’s business; or (b) disclose any Confidential Information or any part thereof to any third party, through the use of social media or otherwise.

 

Intellectual Property. You acknowledge and agree that all Confidential Information and any other intellectual property currently and hereafter associated with the Facility, a Studio, and/or the Company, including Feedback, is and shall remain the sole and exclusive property of the Company. The Company retains the right to exploit Feedback in any way; however, the Company is not obligated to use Feedback or any portion thereof. You agree that nothing contained in this Release shall be construed as granting you any ownership in or to any patent, copyright, trademark, or other intellectual property right of the Company. You shall not modify, reverse engineer, decompile, create derivative works from, duplicate, translate, copy, or otherwise tamper with any materials related to PROJECT R3SIN, the Facility or a Studio and/or otherwise contained in Confidential Information. Upon the Company’s request and at its expense, you agree to assist the Company in perfecting the Company’s ownership right, title, and interest in inventions (whether patentable or not), copyrights, or other intellectual property associated with PROJECT R3SIN, including executing documents and answering questions.

 

Use of Your Image, Likeness, and/or Voice. In exchange for the Company making the Activities available to you, and as a result of your participation therein, you acknowledge and consent to being photographed, recorded on any audio/visual medium, and/or otherwise documented in any form of media now known or hereafter developed, and hereby agree and consent for all lawful purposes to the use, commercialization, reproduction, and/or modification in any manner of any such photograph, audio, video, or other media or depiction of your likeness and/or voice whatsoever by the Company and/or its designated assignee in any and all forms of media, whether now or hereafter devised, throughout the world and in perpetuity. You hereby waive any and all rights that you may have to inspect or approve any such media or other depiction of your likeness or voice and understand and agree that no additional consent is needed from you, or consideration (monetary or otherwise) is due to you.

 

Use of Your Personal Information.

When you provide your personal information, including but not limited to your name, date of birth, address, contact information, and anthropometric information to the Company, the Company will use this information to create a profile within the Facility or Studio in order to replicate processes and operations of that of a franchised studio solely for testing and experimentation purposes. The Company does not sell, trade, rent or otherwise share for marketing purposes your personal information with third parties without your consent. You acknowledge that any research published, or data shared from testing and experimentation in the Facility or Studio will be de-identified and no personal or identifiable information of yours will be shared or used without your consent. For more information on how the Company may collect and process personal information related to the paper or digital forms you complete, your use of the Facility or Studio, or your participation in the Activities, please visit: https://www.projectr3sin.com/privacy-policy.

 

Assumption of Risk, Release and Waiver of Liability. You acknowledge and agree that: (i) the Company strongly recommends that you obtain a physical examination from a physician or medical professional prior to initiating any physical activity or exercise, including the Activities; (ii) the Activities are not designed for individuals with known heart disease with or functional impairment; (iii) the information the Company provides you does not constitute medical advice; (iv) it is your responsibility to disclose any medical condition or medication that could limit or prevent you from performing physical activity and/or any medical symptoms or issues that arise during participation in the Activities; and (v) the Company may require you to provide written approval from a physician or medical professional prior to your participation in the Activities. 

 

YOU ASSUME ANY AND ALL RISKS AND FOREVER RELEASE AND DISCHARGE THE COMPANY FROM ANY AND ALL PRESENT AND FUTURE CLAIMS, CAUSES OF ACTION, DEBTS, AND DEMANDS OF EVERY KIND AND NATURE WHATSOEVER RESULTING FROM OR IN ANY WAY RELATING TO YOUR VOLUNTARY PARTICIPATION IN THE ACTIVITIES AND/OR OTHERWISE IN CONNECTION WITH PROJECT R3SIN INCLUDING, BUT NOT LIMITED TO, EXPERIMENTATION AND TESTING ACTIVITIES, INCLUDING THE USE OF EXERCISE AND OTHER EQUIPMENT SUCH AS AIR BIKES, FREE WEIGHTS, HANDHELD MASSAGE DEVICES, AND ANY RELATED PROTOTYPES.

 

You understand that: (i) models of pre-production undergoing testing and evaluation (each a “Pre-Production Model”) may have not started and/or completed testing by board standard agencies; (ii) any and all equipment and/or related prototypes in the Facility or Studio may be Pre-Production Models; and (iii) you must adhere to instructional and/or warning information provided with any Pre-Production Model unit when provided. Further, you agree to: (i) observe and follow any and all instructional information, warning information, and/or precautions provided or otherwise visible on or in connection with a Pre-Production Model and provide Feedback as requested; (ii) keep any Pre-Production Model in your possession when authorized to do the same and not provide, sell, or loan the Pre-Production Model to others; and (iii) return any Pre-Production Model to the designated personnel associated with PROJECT R3SIN when requested.

 

This Release includes, but is not limited to, any claim for personal injury, property damage or wrongful death against the Company, whether resulting from active or passive negligence or otherwise, while you are participating in the Activities at the Facility or a Studio, and any and all claims and demands relating to libel, invasion of privacy, and violation of publicity rights.  You acknowledge and understand that certain obligations associated with your participation in the Activities, including, without limitation, those related to Confidential Information, shall endure after your participation comes to an end.  

 

Indemnification. You agree to indemnify, defend, and hold the Company harmless from any and all claims (including those of third parties) arising out of or in any way related to your participation in the Activities and/or otherwise in connection with PROJECT R3SIN, the Facility or a Studio, including, without limitation, the use of all equipment, including, but not limited to, air bikes, free weights, handheld massage devices and any related prototypes, or any activities incidental thereto.

Authorization for Phone Calls and Text Messages. By providing your phone number and signing below, you give your prior express written consent to, and authorize the Company and/or its agents to call or send you text messages to the number provided regarding: (i) reminders associated with the Activities, waitlists, and Feedback; and (ii) Company promotions or advertising.  You acknowledge that these calls or text messages may be sent via auto dialer, and that standard message and data rates may apply.  You are not required to authorize calls or text messages to participate in the Activities and you may opt-out at any time by request if called or by replying “STOP” in response to a text message.

 

Miscellaneous. If any part of this Release is found to be invalid, that invalidity shall not affect the remainder of this Release.

I have carefully read this Release, fully acknowledge and understand its content, including my assumption of risk, release and waiver of liability, and agreement to indemnify, defend, and hold harmless, and agree to fully comply with the terms and conditions stated above.

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