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:
- The Company is providing me access to the Programs and Services at my request. I am voluntarily participating in the Programs and Services with full knowledge of the dangers and risks involved.
- It is recommended that I have a yearly or more frequent physical examination and consultation with my physician as to physical activity so I am aware of what is appropriate for me. I have either had a physical exam and have been given my physician’s permission to participate in the Programs and Services or I have decided to participate without approval of my physician.
- I am solely responsible for providing the equipment and space necessary to safely participate in the Programs and Services.
- I, being aware of my individual health, will critically examine the recommendations for training and physical activity included in the Programs and Services, and will immediately cease participation if, at any time, I believe my participation is in any way unsafe.
- THERE ARE RISKS AND DANGERS ASSOCIATED WITH PARTICIPATION IN ANY TRAINING PROGRAM, AND THE PROGRAMS AND SERVICES ARE NO EXCEPTION. PARTICIPATION COULD RESULT IN BODILY INJURY, PARTIAL OR TOTAL DISABILITY, PARALYSIS, OR DEATH. THE SOCIAL AND ECONOMIC LOSSES OR DAMAGES THAT COULD RESULT FROM INJURIES RELATED TO PARTICIPATION COULD BE SEVERE. THESE RISKS AND DANGERS MAY BE CAUSED BY MY ACTION, INACTION, OR NEGLIGENCE OR THE ACTION, INACTION, OR NEGLIGENCE OF OTHERS, INCLUDING, BUT NOT
LIMITED TO, THE RELEASEES (AS DEFINED BELOW). THERE MAY BE OTHER RISKS NOT KNOWN TO ME OR ARE NOT REASONABLY FORESEEABLE AT THIS TIME.
- I accept and assume the risks and responsibility for the losses or damages following any injury related to participation in the Programs and Services, however caused and whether caused in whole or in part by the negligence of the Releasees.
- Any information, guidelines, or advice provided as part of the Programs and Services are not intended to constitute and shall not be construed as dietetic or medical advice, as treatment for any general or particular medical or physiological condition or pathology, or as a means of improving or bettering health outcomes, and they carry no express or implied warranty of any kind, including, but not limited to, warranties regarding safety or suitability for a particular purpose.
- The Company has the right to vary, modify and/or discontinue any or all of the Programs and Services at any time.
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.
The Evolution Code – 2022 All Rights Reserved
This documentation is proprietary information of The Evolution Code. It may not be used for any business or commercial purpose and, except for storage, printing, and display solely for personal use, it may not be published, manipulated, distributed, sold or otherwise reproduced, in any format, in whole or in part.
