Released Parties include WESTERN RACQUET & FITNESS CLUB Inc and its directors, officers, employees, agents, contractors, insurers, spectators, co-participants, equipment suppliers, and volunteers; Venue and their directors, officers, employees, agents, contractors, insurers, equipment suppliers, and volunteers; all WESTERN RACQUET & FITNESS CLUB Inc ENDURE event sponsors, organizers, promoters, directors, officials, property owners, and advertisers; governmental bodies and/or municipal agencies whose property and/or personnel are used; and any or all parent, predecessor, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing.

Releasing Parties include: the participant as well as participant’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on participant’s behalf.

Assumption of Inherent Risks: The ENDURE event is meant to be a test of toughness, strength, stamina, camaraderie, and mental grit that takes place in one several locations over a twenty-four-hour period. Venues are part of the challenge and usually involve hostile environments that might include extreme heat or cold, snow, mud, extreme changes in elevation, and water. Some of the activities include runs, military style obstacles, climbing walls, throwing or carrying or getting hit with heavy objects, and grappling with other participants. In summation, the ENDURE event is a hazardous activity that presents the ultimate physical and mental challenge to participants.

I acknowledge that the ENDURE event is an extreme test of my physical and mental limits that carries with it inherent risks of physical injury. Inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of the ENDURE event) regardless of the care and precautions taken by WESTERN RACQUET & FITNESS CLUB Inc (hereafter used when referring to the corporate entity Western Racquet & Fitness Club and Released Parties). I also understand that it is extremely strenuous with the accompanying risks and dangers generally present in such activities. I understand that these hazards may be magnified due to the fact that the ENDURE event may be conducted under what may be extreme conditions and circumstances.

I understand and acknowledge that the inherent risks include, but are not limited to: 1) contact or collision with persons or objects (e.g., collision with spectators or event personnel, contact with other participants, contact or collision with motor vehicles or machinery, and contact with natural or man-made fixed objects or obstacles); 2) encounter with obstacles (e.g., natural and man-made water, road and surface hazards; 3) equipment related hazards (e.g., broken, defective or inadequate equipment, unexpected equipment failure, imperfect event/venue conditions); 4) weather-related hazards (e.g., extreme heat, extreme cold, humidity, ice, rain, fog); 5) inadequate or negligent first aid and/or emergency measures; 6) judgment- and/or behavior-related problems (e.g., erratic or inappropriate co-participant or spectator behavior, erratic or inappropriate behavior by the participant, errors in judgment by personnel working the event); 7) natural hazards (e.g. uneven terrain, rock falls, lightning strikes, earthquakes, wildlife attacks, contact with poisonous plants, marine life, ticks and untested soil/mud contaminated with bacteria or other similar hazards).

I further understand and acknowledge that any of these risks and others, not specifically named, may cause injury or injuries that may be categorized as minor, serious, or catastrophic. Minor injuries are common and include, but are not limited to: scrapes, bruises, sprains, strains, muscle tension and soreness, nausea, cuts, sunburn, abrasions, grazes, lacerations, and contusions. Serious injuries are less common, but do sometimes occur. They include but are not limited to property loss or damage, broken bones, fractures, torn or strained ligaments and tendons, concussions, exposure, dehydration, heat exhaustion and other heat-related illnesses, mental stress or exhaustion, infection, vomiting, dislocations, hyperthermia, hypothermia, anemia, electrolyte imbalance, loss of consciousness, syncope, dizziness, fainting, seizures, electric shock and/or injury, and neurological disorders/pain. Catastrophic injuries are rare; however, we feel that our participants should be aware of the possibility. These injuries can include, but are not limited to, permanent disabilities, stroke, single or multiple organ failure or dysfunction, physical damage to organs, spinal injuries, paralysis, heart attack, heart failure, blood cell disorder, brain swelling, and even death.

I also understand that it is my responsibility to consult with my personal physician prior to my participation in the ENDURE event to ensure that such participation will not pose any unusual risks to my health and well-being.

I understand that it is my responsibility to inspect the ENDURE event’s schedule, venues, facilities, equipment, and areas to be used, and if I believe, or become aware that any are unsafe or poses unreasonable risks, I agree to immediately notify appropriate personnel. By participating in the Endure event, I am acknowledging that I have found the venues, facilities, equipment, and areas to be used to be safe and acceptable for participation. I accept full and sole responsibility for the condition and adequacy of my equipment.

I understand fully the inherent risks of my participation in the ENDURE event and assert that I am willingly and voluntarily participating in the event. I have read the preceding paragraphs and acknowledge that 1) I know the nature of the Endure event; 2) I understand the demands of this activity relative to my physical condition; and 3) I appreciate the potential impact of the types of injuries that may result from the ENDURE event. I hereby assert that I knowingly assume all of the inherent risks of the activity on behalf of myself and take full responsibility for any and all damages, liabilities, losses, or expenses that I may incur as a result of participating in the ENDURE event.

Waiver of Liability for ORDINARY NEGLIGENCE: In consideration of being permitted to participate in the ENDURE event , and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I (on behalf of the Releasing Parties) hereby forever waive, release, covenant not to sue, and discharge Western Racquet and the other Released Parties from any and all claims resulting from the INHERENT RISKS of the ENDURE event or the ORDINARY NEGLIGENCE of WESTERN RACQUET & FITNESS CLUB Inc (or other Released Parties) that I may have arising out of my participation in the ENDURE event. This Participant Legal Liability Agreement applies to 1) personal injury (including death) from incidents or illnesses arising from the ENDURE event participation, which includes injury during course inspection, observation, practice runs, the event, medical treatment, base area features and while on the premises (including, but not limited to base area, stands, sidewalks, parking areas, sponsor promotions, restrooms, first-aid tents, and dressing facilities); and 2) any and all of my claims relating to the ENDURE event, including but not limited to, damaged, lost or stolen property, and both contractual and non-contractual claims.

Indemnification Agreement: In consideration of being permitted to participate in the ENDURE event and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I hereby agree to hold harmless, defend and indemnify WESTERN RACQUET & FITNESS CLUB Inc (and the other Released Parties) from and against any and all claims of co-participants, rescuers, and others arising from conduct in the course of my participation in the ENDURE event. For the purposes hereof, “claims” includes all actions and causes of action, claims, demands, losses, costs, expenses and damages, including legal fees and related expenses. This indemnity shall survive the expiration or sooner termination of the ENDURE event.

Other Agreements Venue and Jurisdiction: If, despite the overriding Mediation and Arbitration provision I agree to below, legal action proceeds in a court of law, the local state or federal court of Wisconsin has the exclusive jurisdiction and that only the substantive laws of Wisconsin shall apply.

Severability: I understand and agree that this Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by law in the State of Wisconsin and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Integration: I affirm that this agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire Agreement between me and WESTERN RACQUET & FITNESS CLUB Inc and cannot be modified or changed in any way by representations or statements by any agent or employee of WESTERN RACQUET & FITNESS CLUB Inc. This Agreement may only be amended by a written document duly executed by all parties.

Mediation and Arbitration: In the event of a legal issue, I agree to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation, I agree that all disputes, controversies, or claims arising out of my participation in the ENDURE event shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. The cost of such action shall be shared equally by the parties. I further acknowledge and agree that any question, issue, or dispute as to the arbitrability of any dispute, controversy, or claim arising out of my participation in the ENDURE event, will be submitted to an arbitrator in accordance with the applicable rules of the American Arbitration Association then in effect. The Arbitration Rules of the American Arbitration Association are available on-line at www.adr.org.

Class Actions: I agree that any arbitration, mediation or legal action shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties.

Agreements for the Protection of Participants:

· I represent and warrant that I am/are in good health and in proper physical condition to safely participate in the ENDURE event. I certify that I have no known or knowable physical or mental conditions that would affect my ability to safely participate in the ENDURE event, or that would result in my participation creating a risk of danger to myself or to others.

· I represent and warrant that I) am in full command of my faculties and am not under the influence of alcohol or drugs and agree not to participate in an ENDURE event while under the influence of alcohol and/or drugs.

· I acknowledge that WESTERN RACQUET & FITNESS CLUB Inc recommends and encourages each participant to get medical clearance from his/her personal physician prior to participation. I assert that I have not been advised or cautioned against participating by a medical practitioner. I understand that it is my responsibility to continuously monitor my own physical and mental condition during the ENDURE event, and I agree to withdraw immediately and notify appropriate personnel if at any point my continued participation would create a risk of danger to myself or to others.

· I represent and warrant that I am covered by medical insurance.

· In the event of an injury to me that renders me unconscious or incapable of making a medical decision, I authorize appropriate WESTERN RACQUET & FITNESS CLUB Inc personnel and emergency medical personnel at the event to make emergency medical decisions on my behalf (including, but not limited to CPR and AED). I understand that it is my sole responsibility to seek medical care should I experience any unusual physical symptoms, pain or discomfort of any kind following my participation in the ENDURE event.

· I authorize WESTERN RACQUET & FITNESS CLUB Inc to secure emergency medical care or transportation (i.e., EMS) when deemed necessary by WESTERN RACQUET & FITNESS CLUB Inc I agree to assume all costs of emergency medical care and transportation.

Entry and Participation Agreements:

Rules: I agree to become familiar with and abide by all written and/or posted rules of WESTERN RACQUET & FITNESS CLUB Inc, as well as all written and/or posted rules of the venue. I further agree to comply with all directions, instructions and decisions of Western Racquet and Venue personnel. I further agree not to challenge these rules, directions, instructions, or decisions on any basis at any time.

Emergency Delay or Cancellation: I acknowledge that WESTERN RACQUET & FITNESS CLUB Inc at its sole discretion may delay, modify, or cancel the ENDURE event if conditions or natural or man-made emergencies make administering the event unreasonably difficult or unsafe. I agree that “emergency” is defined to mean any event beyond the control of WESTERN RACQUET & FITNESS CLUB Inc, including but not limited to: high wind, extreme rain or hail, hurricane, tornado, earthquake, flood, acts of terrorism, fire, threatened or actual strike, labor difficulty or work stoppage, insurrection, war, public disaster, and unavoidable casualty. In the event of a delay, modification, or cancellation of the ENDURE as described in this paragraph, I understand that I will not be entitled to a refund of my entry fee or any other costs incurred in connection with the ENDURE event.

Govern Participation: I understand that WESTERN RACQUET & FITNESS CLUB Inc has the authority to issue instructions or directions relating to the manner of my safe participation in the event or Related Activities and the authority to halt my participation in the ENDURE event or Related Activities at any time they deem it necessary to protect the safety of participants, spectators, and personnel; and/or promote fairness and the spirit of the ENDURE event.

Removal from Event: I understand that WESTERN RACQUET & FITNESS CLUB Inc and venue personnel may immediately cause anyone who disobeys any rules, directions, instructions, decisions, or laws, or whose behavior endangers safety or negatively affects a person, facility, or property of any type or kind, to be removed from the event and/or venue.

Fee Refunds: I understand that all fees and associated costs (including optional product purchases, spectator tickets, and donations), paid in registration for this ENDURE event are not refundable for any reason under any circumstances, including but not limited to injury, a scheduling conflict, and/or event cancellation.

Attitude and Behavior: I agree to exhibit appropriate behavior at all times; demonstrate respect for all people, equipment, and facilities; and participate with a cooperative and positive attitude.

Alcohol & Drugs: I understand that the consumption of any alcohol and any illicit or illegal drugs or substances during the event is strictly prohibited WESTERN RACQUET & FITNESS CLUB Inc will only allow the responsible consumption of alcohol after the ENDURE event. The consumption of any illicit or illegal drugs or substances before, during, and after the ENDURE event is strictly prohibited. I agree to take full responsibility for any alcohol consumption at the ENDURE event.

Specific Rules: I specifically acknowledge and agree to abide by the following rules: 1) no urination or defecation is permitted outside of designated areas; 2) no clothing, props or equipment that pose an unnecessary risk to participants, spectators or personnel are permitted; and 3) obey civil and criminal laws including traffic laws.

Photography: I agree that WESTERN RACQUET & FITNESS CLUB Inc may record and photograph me and record my voice during and in connection with the ENDURE event. I agree that WESTERN RACQUET & FITNESS CLUB Inc shall be the exclusive owner of all copyright and other rights in and to any such taping, photography and recording and shall have the right forever and throughout the world to use and license others to use the results of such taping, photography and recording in any medium, whether now known or hereinafter invented or discovered in any production. I further agree that WESTERN RACQUET & FITNESS CLUB Inc may use and license others to use my name, voice and likeness in the advertising and promotion of: (i) any production including my name, voice and likeness, (ii) WESTERN RACQUET & FITNESS CLUB Inc and/or (iii) any WESTERN RACQUET & FITNESS CLUB Inc products and/or services.

Acknowledgment of Understanding: I have read this Participant Legal Liability Agreement, and fully understand its terms. I understand that I am/are giving up substantial rights, including my/our right to sue. I further acknowledge that I am/are freely and voluntarily signing the agreement and participating in the ENDURE event, and intend my signature to be a complete and unconditional release of all liability due to ORDINARY NEGLIGENCE of WESTERN RACQUET & FITNESS CLUB Inc (and other Released Parties) or the INHERENT RISKS of the activity, to the greatest extent allowed by law in Wisconsin.

I acknowledge and accept all the terms outlined in this waiver.