damages, injuries, or losses (collectively "Damages") including without limitation, those Damages which may arise from acts of passive or active negligence on the part of: (i) Studio and its affiliates and their respective members, managers, shareholders, directors, officers, employees, instructors or agents (collectively "Studio Parties"); and/or (ii) Ultimate Fitness Group, LLC, its successors, their respective affiliates, and all of their respective members, managers, shareholders, directors, officers, employees or agents (collectively "Franchisor Parties" The Studio Parties and the Franchison Parties are collectively referred to herein as "Released Parties". Participant, on behalf of Participant and Participant's spouse, heirs, attorneys, representatives, successors and assigns (collectively "Releasing Parties"), hereby waives, and releases and discharges the Released Parties from, all claims, demands and causes of action against Released Parties with respect to Participant's person or property arising out of or connected to: (i) the Event and/or the facilities where the Event is provided; and/or (ii) the acceptance or use of any item that may be awarded to Participant with respect to participating in the Event. PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS CAREFULLY
READ THIS PARAGRAPH AND FULLY UNDERSTANDS THAT THIS IS A WAIVER AND RELEASE OF LIABILITY.
7.Indemnification. Participant hereby agrees to forever indemnify, defend, and hold harmless the Released Parties from and against all claims, demands, actions and causes of action for any damages, injuries or losses that may be sustained by Participant arising out of or connected to the Event or the facilities where any of the foregoing services are provided, including without limitation, attorney's fees, including outside attorney's fees, costs, and expenses of any litigation, arbitration or other proceeding.
8.Use of Non-Personally Identifiable Information. Participant hereby expressly grants to each of the Studio Parties and the Franchison Parties the right to use any information gathered in connection with Participant's participation in the Event that is not personally identifiable to Participant (i.e., does not identify Participant's person or provide facts which could lead to Participant's identification) for any purpose, including without limitation, research, product and program improvements and statistical purposes.
9. Use of Personal Information, Image, Likeness, and/or Voice. Participant hereby grants to each of the Studio Parties and the Franchison Parties permission to use, and to make and use derivative works of, any and all videos, photos, images, written or video testimonials, statements, or other recordings of Participant of any kind, in any form of media ("Participant Content") recorded, produced, acquired, or otherwise preserved based upon or arising out of Participant's participation in the Event or the awarding of any item to Participant in connection therewith for any and all manners of advertising, trade, promotion, exhibition, or any other lawful purpose whatsoever. Participant acknowledges and agrees that Participant will not be entitled to any rights of approval or compensation with respect to any such use of Participant Content. For additional information on how the Studio and Franchison Parties may collect and process personal information related to the paper or digital forms you complete, your use of the Studio, or your participation in any Orangetheory Fitness class or event, please see https://www.orangetheory.com/en-us/privacy-policy/
10. Promotions. To the extent that Studio offers any contest, sweepstakes, giveaway or other promotion (each a "Promotion") in connection with the Event, Participant: (i) accepts these Terms and Conditions and understands that Studio may outline other terms and conditions associated with the Promotion; (ii) agrees to be bound by the decisions of the in connection with the Promotion; and (iii) understands and agrees that Studio reserves the right, in its sole discretion, to disqualify Participant for any tampering with the entry process, fraud, or other misconduct which may affect the integrity of the Event.
11. Severability. Participant agrees that any provision herein found to be illegal, invalid, or unenforceable will in no way affect the validity or enforceability of the remaining terms or provisions in this Release.
12. Dispute Resolution. Participant agrees that: (i) Participant will at all times comply with the provisions of Participant's membership agreement with the applicable Orangetheory Fitness studio ("Membership Agreement'); and (ii) all disputes arising out of or with respect to this Release or participation in the Event will be resolved in accordance with the dispute resolution provisions set forth in Participant's Membership Agreement.
EACH STUDIO IS PART OF A FRANCHISE SYSTEM AND IS INDEPENDENTLY OWNED AND OPERATED