THIS PARTICIPATION RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (“WAIVER”) WILL PERMIT PARTICIPANT TO PARTICIPATE IN THE PHYSICAL FITNESS AND TRAINING ACTIVITIES OF CROSSFIT OʼFALLON, UNLESS SUCH PERMISSION IS EXPRESSLY REVOKED BY CROSSFIT OʼFALLON.

1.CROSSFIT OʼFALLON shall include, but not be limited to CROSSFIT OʼFALLON, Josh Finley, Mark Weber, and any person or company associated with CROSSFIT OʼFALLON.

"Participant" shall include the minor child listed above and any and all adults signing this

3.IN CONSIDERATION OF being permitted to train, practice, use any equipment, observe, physical training, in the course of training, class, or for any purpose participate in any capacity or activity related to CROSSFIT O'FALLON (hereinafter collectively referred to as "Activity"), "Participant", on behalf of myself, my minor child (if applicable), my personal representative(s), spouse, assigns, heirs, and next of kin, hereby certify and agree as follows:

4.“Participant” certifies that “"Participant"” is in good health and has consulted with qualified medical professionals and has obtained clearance to participate in any Activity and train with CROSSFIT O'FALLON. "Participant" assumes all risk associated with any Activity recommended, sponsored, supervised, or conducted by CROSSFIT O'FALLON.

5.EXPRESS ASSUMPTION OF RISK: "Participant" is aware that there are significant risks involved in all aspects of any Activity. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of "Participant" or any other "Participant" or training partner, if any, or other people around "Participant"; injury or death due to improper use or failure of equipment; strains, sprains, bruises, and sore muscles. "Participant" is aware that any of these above mentioned risks, and any risk not mentioned, may result in serious injury or death to "Participant" or any other Participant’s” or "Participant’s” partner(s "Participant" willingly assumes full responsibility for the risks that "Participant" is exposing "Participant" to and accepts full responsibility for any injury or death that may result from participation in any Activity while at, with, or under the direction of CROSSFIT O'FALLON. For the purpose of this WAIVER, the term "Activity," shall be deemed to imply any period of time which encompasses traveling to or from any training session, place of instruction or place of observation, and shall also include self-training or any Activity with others when said training occurs outside the supervision of, or at locations other than the regularly designated places of instruction of CROSSFIT O'FALLON. It is also understood that the aforementioned definitions shall include any injury suffered while in route to any Activity conducted by CROSSFIT O'FALLON and from said Activity to the "Participant’s” place of residence, business, or elsewhere.

6.RELEASE: In consideration of the above mentioned risks and hazards, and in consideration of the fact that "Participant" shall willingly and voluntarily participate in various Activities offered by CROSSFIT O'FALLON, "Participant" and "Participant’s personal representative, spouse, assigns, heirs and next of kin, hereby release CROSSFIT O'FALLON, its owners, partners, principals, agents, employees, attorneys, and volunteers ("Releasees") from any and all liability, loss, damage, claims, demands, actions, or rights of action, on account of injury or loss to "Participant’s” property or resulting in "Participant’s” injury or death relating to, arise out of, or in any way connected with "Participant’s” previous, present, or future participation in any Activity, from any cause whatsoever, including without limitation, Releasees' failure to make inspections, defective products and any act or omission of the Releasees or any other act whether caused by the negligence of the Releasees or otherwise. "Participant" also expressly acknowledges that any injuries may be compounded or increased by negligent rescue operations of Releasees and hereby release the Releasees from any and all such negligent rescue operations and expressly requests Releasees to make all necessary rescue operations they deem advisable. In case of an emergency, I do hereby authorize a representative of CROSSFIT O'FALLON to consent to any medical treatment or care deemed advisable by competent medical personnel. This WAIVER shall be binding upon "Participant", "Participant’s” successors, representatives, heirs, executors, assigns, or transferees.

7.INDEMNIFICATION: "Participant" recognizes that there are risks involved in the types of Activities offered by CROSSFIT O'FALLON. Therefore, "Participant" willingly accepts financial responsibility for any injury that "Participant" may cause either to him/herself or to any other "Participant" due to "Participant’s” negligence, either active or passive. Should any of the Releasees, including but not limited to CROSSFIT OFALLON, or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this WAIVER or in defense of any claim made against them as a result of "Participant’s” participating in any Activity, "Participant" shall reimburse Releasees, and each of them, for all such fees and costs. "Participant" further agrees to indemnify and hold harmless CROSSFIT O'FALLON and the Releasees, or any of them, from liability for personal injury or death of any person(s) and damage to property that may result from Participant’s” negligent or intentional act or omission while participating in any Activity offered by CROSSFIT O'FALLON, at any place such Activity may occur, including but not limited to the Finley home, parks, recreational areas, playgrounds, areas adjacent to and /or any area selected for training or Activities by

8. shall extend to all claims for injury as aforesaid, including costs of litigation, attorneys’ fees, and other incidental expenses incurred by CROSSFIT O'FALLON or the Releasees, or any of them, in the defense of any lawsuit, or to enforce this WAIVER.

"Participant" hereby agrees that this WAIVER, including but not limited to the Indemnity provisions,

9. photographs, motion pictures, recordings, training logs or any other record of "Participant’s” participation with CROSSFIT O'FALLON for any legitimate purpose including commercial advertising.

"Participant" hereby grants full permission to CROSSFIT O'FALLON to use and disseminate any

10."Participant" hereby agrees that this WAIVER, including but not limited to the indemnity provisions, is intended to be as broad and inclusive as is permitted by the laws of the State of Missouri and the United States, and that if any portion thereof is held invalid by a court of competent jurisdiction, the balance shall, notwithstanding, continue in full legal force and effect.

11.CROSSFIT OFALLON reserves all rights to disallow participation of any "Participant"(s), at any time, for misconduct or actions which CROSSFIT O'FALLON deems, in its sole discretion, to be inappropriate or not in harmony with the objectives and/or well-being of CROSSFIT O'FALLON.

12.The "Participant" has been made aware that physical exercise and athletic training involve the risk of injury and "Participant" agrees to ask questions and follow the directions of CROSSFIT O'FALLON so as to minimize the possibility of risk of injuries. I UNDERSTAND THAT: (1) I AM PARTICIPATING WITH

CROSSFIT O'FALLON AT MY OWN RISK, (2) I AM TO PROVIDE MY OWN MEDICAL INSURANCE, AND (3) CROSSFIT O'FALLON DOES NOT PROVIDE ANY MEDICAL INSURANCE.

I HAVE READ THIS WAIVER, FULLY UNDERSTAND ITS TERMS, INCLUDING BUT NOT LIMITED TO THE ASSUMPTION OF RISK, THE RELEASE OF LIABILITY, AND MY OBLIGATION TO INDEMNIFY THE PARTIES PURSUANT TO THE TERMS OF THIS WAIVER. I UNDERSTAND THAT BY MY SIGNING THIS WAIVER, I AM WAIVING VALUABLE LEGAL RIGHTS AND THAT I HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL ACKNOWLEDGMENT AND ACCEPTANCE OF ALL OF THE TERMS OF THIS WAIVER. I FURTHER ACKNOWLEDGE THAT I HAVE A RIGHT TO CONSULT WITH AN ATTORNEY BEFORE I SIGN THIS WAIVER.

CrossFit OʼFallon - General Waiver