Release and Waiver of Liability and Indemnity Agreement

I have subscribed for one or more programs offered by or through SERE I LLC d/b/a The Evolution Code, a Nebraska limited liability company (together with its affiliates and licensors, the “Company”), which may include Code 01, Code 02, Code 03, program boosts, related assessments and trainer analyses and any other virtual training programs now or hereafter offered by or through the Company (collectively, the “Programs and Services”). As a condition to the provision of the Programs and Services to me, I agree to the terms and conditions set forth in this Release and Waiver of Liability and Assumption of Risk (this “Agreement”).

I fully understand and acknowledge that:

I hereby release, waive, discharge and covenant not to sue the Company, including its owners, managers, officers, trainers, licensors, consultants, agents and representatives, and each of their directors, managers, officers, agents and employees (each, a “Releasee”; collectively, the “Releasees”) from all liability to me, my personal representatives, assigns, executors, heirs and next to kin for any and all claims, demands, losses or damages and any claims or demands therefore on account of any injury, including but not limited to death or damage to property, arising out of or relating to participation in the Programs and Services or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise.

I further acknowledge and agree that the Programs and Services are the intellectual property of the Company. The Company is providing me with a limited, non-transferrable, non-exclusive, non-sublicensable license to use such intellectual property for my personal use in connection with my participation in the Programs and Services. Except for storage, printing and display solely for my personal use, I am not permitted to and will not publish, manipulate, distribute, sell or otherwise reproduce, in any format, in whole or in part, any of the documentation or other content supplied to me in connection with the Programs and Services. I will not use the Company’s intellectual property for any business or commercial purpose.

This Agreement shall be governed and construed in accordance with the laws of the State of Nebraska, without regard to principles of conflicts of laws. I further expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by law. If any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Douglas County, Nebraska and I hereby consent to the exclusive jurisdiction of such courts.

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