CO Totality release of liability

RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

(The "Agreement")

This Release, Waiver of Liability, Assumption of Risk, and Indemnity Agreement ("Agreement") is made and entered into by and between the undersigned Participant ("Participant") and The Final Percent LLC ("Organization" or "Releasee") on the Effective Date set forth below.

1. PARTIES

Releasor/Participant: The undersigned individual who acknowledges their participation in the Activity as defined herein.
Releasee/Organization: The Final Percent LLC, its affiliates, subsidiaries, officers, directors, agents, employees, contractors, volunteers, representatives, successors, and assigns.

2. DESCRIPTION OF ACTIVITIES COVERED

The Participant acknowledges that this Agreement covers all activities provided, sponsored, organized, facilitated, or otherwise associated with The Final Percent LLC (hereafter "Activities"), including but not limited to:

Seminars, workshops, and personal development events
Physical and recreational activities associated with events
Online content, video tutorials, and interactive sessions
Any other programs or events offered by The Final Percent LLC (whether in person or online).

The Activities may occur at physical locations designated by The Final Percent LLC or online platforms managed or authorized by the Organization.

3. ASSUMPTION OF RISK

The Participant acknowledges, understands, and accepts that participation in the Activities involves certain inherent risks, which may include but are not limited to:

Physical Risks: Personal injury, falls, collisions, or physical stress due to exertion.
Emotional/Mental Risks: Emotional distress, mental stress, or psychological injury.
Health Risks: Exhaustion, dehydration, muscle strain, heart attack, or other medical complications.
Environmental Risks: Natural hazards such as weather conditions, uneven terrain, or other unforeseen environmental factors.
Technological Risks: Risks associated with the use of online platforms, including data breaches, technological malfunctions, or service interruptions.

By participating in the Activities, the Participant expressly assumes all known and unknown risks, dangers, and hazards, whether caused by their own actions, the actions of others, or the conditions in which the Activities take place.

4. WAIVER OF LIABILITY

In consideration for being allowed to participate in the Activities, the Participant agrees to waive, release, and forever discharge The Final Percent LLC and its Releasees from any and all liability, claims, actions, damages, or losses of any kind arising out of or related to their participation, including but not limited to:

Personal injury, including death
Property damage or loss
Claims based on negligence, breach of contract, or any other legal theory

This waiver applies whether the injury or damage was caused by the negligence of The Final Percent LLC, its agents, or otherwise.

5. INDEMNIFICATION

The Participant agrees to indemnify, defend, and hold harmless The Final Percent LLC, its affiliates, officers, agents, and employees from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to:

Any negligent or wrongful act or omission by the Participant
Any injury or damage sustained by the Participant
Any injury or damage caused by the Participant to others during the Activities

This indemnification obligation shall apply whether the claims arise from negligence, gross negligence, or any other legal theory.

6. MEDICAL TREATMENT CONSENT AND RELEASE

In the event of a medical emergency, the Participant authorizes The Final Percent LLC to seek medical treatment, transportation, or hospitalization deemed necessary for their health and safety. The Participant agrees to bear full responsibility for all medical costs incurred as a result of their participation.

The Participant further releases The Final Percent LLC from any and all claims or liability arising from or related to any first aid, treatment, or medical service rendered in connection with their participation.

7. PHOTO, VIDEO, AND MEDIA RELEASE

The Participant grants to The Final Percent LLC an irrevocable, worldwide, royalty-free license to use, reproduce, display, distribute, and create derivative works of any photographs, videos, or other media taken during the Activities for promotional, commercial, educational, or any other lawful purpose.

The Participant waives any right to inspect or approve the finished product, the right to any royalties or compensation, and any claims related to the use of such media.

8. PARTICIPANT WARRANTIES AND REPRESENTATIONS

The Participant represents and warrants the following:

Age and Legal Capacity: The Participant is at least 18 years of age and has the legal capacity to enter into this Agreement. If the Participant is under 18 years of age, they have obtained the consent of a parent or legal guardian, who must also sign this Agreement.
Health and Fitness: The Participant confirms that they are in good health and physically fit to participate in the Activities. They are not aware of any medical conditions or disabilities that would make participation hazardous or irresponsible.
Voluntary Participation: The Participant confirms that their participation in the Activities is voluntary, and they have not been coerced, forced, or otherwise compelled to participate.

9. SEVERABILITY

If any provision of this Agreement is found to be illegal, invalid, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable. If such modification is not possible, the provision shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect.

10. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by, and construed in accordance with, the laws of the State of [Insert State] without regard to its conflict of law principles. Any disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts in [Insert County/State].

11. ENTIRE AGREEMENT

This Agreement represents the entire understanding between the Participant and The Final Percent LLC concerning the Participant's participation in the Activities. This Agreement supersedes any and all prior discussions, agreements, or understandings of any kind, and no oral representations, statements, or inducements apart from this written Agreement shall be binding.

12. ONLINE AGREEMENT

By clicking “I Agree” during the online registration or checkout process, the Participant affirms that they have read, understood, and voluntarily agree to the terms of this Agreement. The Participant further acknowledges that they are providing their electronic signature, which has the same legal effect as a handwritten signature.