Annual Fitness Assessment Review

WAIVER AND RELEASE OF LIABILITY - READ BEFORE SIGNING
As the undersigned participant, intending to be legally bound, I do hereby certify that I am qualified, in good health, and in proper physical condition to participate in any and all activities designed and/or supervised by an employee and/or representative of Matheny Endurance ("Activities"). I further certify that I understand the physical nature of any and all Activities, including but not limited to Activities in or on land, natural terrain, roads and parking lots with or without vehicular traffic, sidewalks, and structures, and completed on foot, or bicycle. I also certify that I have voluntarily applied to participate in any and all Activities. By signing below, I ACKNOWLEDGE, agree, and represent that I FULLY UNDERSTAND that: (a) THE ACTIVITIES INVOLVE RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis, and death; (b) these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others involved in and/ or responsible for the Activities, or the condition in which the Activities take place; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Activities.

In consideration of my participation in any and all Activities, I hereby FULLY ACCEPT AND ASSUME all risks of loss or damage to my property, and all risks of illness, injury, or death that may result from participation in any and all Activities and, by signing below, I hereby forever release Matheny Endurance LLC, its officers, agents and employees, successors and assigns, and each of its respective employees, representatives, officers, directors, and shareholders from any and all liability to me, my personal representatives, estate heirs, next of kin, and assigns for any and all claims, demands, rights, and causes of action of any kind, including without limitation, loss or damage to my property and for any and all illness or injury to my person, including my death, that may result from or occur during my participation in any and all Activities, whether caused by the negligence of Matheny Endurance LLC, its employees, representatives, officers, directors, shareholders, or otherwise.

By signing below, I further agree to indemnify, defend, and hold harmless Matheny Endurance LLC, its successors and assigns, and each of its respective employees, representatives, officers, directors, and shareholders from any and all claims, demands, rights, and causes of action of any kind, including, without limitation, liability for the injury or death of any person(s), including myself, and damage to property or the environment that may result from my negligent, reckless, or intentional act or omission while participating in any and all Activities.

By signing below, I also AGREE TO REIMBURSE Matheny Endurance LLC for any equipment loss for which I am responsible, or to repair, to the satisfaction of Matheny Endurance LLC, any equipment damage caused by my neglect. I have carefully read this agreement, and I understand this agreement to be a release of all claims, demands, rights, and causes of action of any kind, including without limitation, loss or damage to my property and for any and all illness, injury, death, that may occur while participating in any and all Activities, and I understand the agreement obligates me to indemnify, defend, and hold harmless the parties named for any liability for injury or death of any person(s), including myself, and damage to property or the environment caused by my negligent, reckless, or intentional act or omission, and I understand the agreement obligates me to reimburse Matheny Endurance LLC for any loss or damage to equipment.

I give Matheny Endurance LLC full permission to use my image in any marketing materials, including but not limited to newsletters, flyers, pamphlets, manuals, videos, commercials, advertisements, and websites created by Matheny Endurance LLC and/or any of its affiliates. In the event that Matheny Endurance LLC wishes to use my name in conjunction with my image, my signature below also gives Matheny Endurance LLC my full permission to use my name in conjunction with my image being displayed. Please refer all questions regarding the use of either your name or photograph in marketing materials to Matheny Endurance LLC staff.