In consideration of being permitted to participate in one or more of the various activities taking place at 400 17th Street from October 11, 2017 through May 31, 2018, which are presented by Citibank, N.A.,including but not limited to fitness sessions offered by Green Monkey Treehouse Acquisitions, LLC, BalaGreen, LLC, Bala Vinyasa Yoga LLC, Bala Vinyasa Yoga Coral Gables LLC and/or their respective subsidiaries or affliates (collectively, “GreenMonkey”) (such activities collectively referred to as the “Event”), I, on behalf of myself and my heirs, guardians, distributees, executor, successors, assigns, agree and acknowledge the following:
1. I understand that there are risks associated with my participation in the Event or any portion thereof, including but not limited to physical injury or death and I assume all responsibility for such risks.
2. I will voluntarily be participating in the Event at my own risk, and Citibank, N.A., and all of their respective affiliates, successors, employees, directors, officers, agents, successors, assigns and GreenMonkey (collectively, the “Releasees”) will not be responsible for any injury or harm of any kind that might occur as a result of my participation.
3. I hereby fully release and discharge the Releasees from and against any and all claims, actions, proceedings, liabilities, losses, damages and expenses (including but not limited to attorneys’ fees and other legal costs), whether known or unknown, (with all of the foregoing referred to collectively herein as “Claims”) that I now has, or may have in the future, arising or alleged to arise in any way out of any cause, matter or thing relating to the Event, or my participation or presence at the Event including, without limitation, any Claims directly or indirectly to bodily injury, death, or illness. This is a complete, unconditional and irrevocable release of liability and waiver. Without limitation of the foregoing, my release and waiver of the Claims against the Releasees extends to any claim brought by other persons anyone acting through, by or on my behalf, or on their own behalf based on their relationship to me.
4. I also hereby grant to Citibank, N.A., its affiliated companies (collectively, “Company”) and Company’s designees the perpetual, worldwide right to use and publish any video, recordings or photographs taken during the Event or a portion thereof (collectively and individually, the “Content”) of me and/or any children of mine (all of which I have listed below), as well as my and/or the below named children’s name, image, photograph, statements, testimonials, voice and/or likeness in Company’s advertising and promotional material in any media and formats now or hereafter known throughout the world in perpetuity, including, without limitation, on websites or social media platforms designated by Company. I agree that no proposed material need be submitted to me for any approval, and hereby waive any and all any right of privacy or publicity, any moral right or personal property right, and any right to injunctive or other equitable relief with respect to the Content.
5. I acknowledge and agree that the Content detailed above of me and/or the below named children used and/or taken by Company is owned by Company and that Company may copyright material containing the same.
6. I further agree not to sue or assert a claim of any sort against any of the Releasees for or in connection with any Claims I may have that are released or waived herein, including but not limited to any claim for injury or use of the Content.
7. I hereby represent and warrant that I am eighteen (18) years of age or older, that I have the full right and power to enter into this Release on behalf of myself and to grant the rights described herein. This release is governed by the laws of the United States and shall not expire and cannot be changed or terminated except in a writing signed by Company and me. I have carefully read this Release and fully understand its contents.
I HAVE READ THIS RELEASE WHICH IS A WAIVER AND LIABILITY RELEASE. I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT. 10295192.1 200736-10001