Waiver

Liability Waiver, Privacy, Publicity And Media Notice, Consent and Release Form

Liability Waiver: In exchange for my being allowed to use, and/or my guest being allowed to use, facilities operated by a RELEASEE (defined below) at 2640 Shadelands Drive, Walnut Creek, California (the “PROPERTY”), I agree to the following. I agree to be solely responsible for the safety and well-being of my guest(s) and myself and agree to comply with all rules imposed by RELEASEE regarding the use of RELEASEE’S facilities and equipment. I agree always to conduct myself in a controlled and reasonable manner, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose. I understand and acknowledge that the use of exercise or training equipment involves risk of serious injury, including permanent disability and death. I understand and agree that RELEASEE is not responsible for property that is lost, stolen, or damaged while in, on, or about the PROPERTY. I agree to have a fingerprint or thumbprint used as an electronic membership identification method and to allow this to be used as a check-in and security mechanism at RELEASEE’s facility.

AGREEMENT TO RELEASE, DEFEND AND INDEMNIFY

RELEASEE (defined below) will have no liability or responsibility of any sort for any CLAIM (defined below). On behalf of each RELEASOR (defined below), I release each RELEASEE from all CLAIMS against RELEASEE which any RELEASOR presently has or may have in the future, including CLAIMS which the Releasor does not presently know or suspect to exist, and including all CLAIMS for any personal injury, death or property damage any RELEASOR may suffer before or after signing this agreement. If I or any other person, entity, business or group makes any CLAIM against a RELEASEE, I will defend and indemnify RELEASEE, with attorneys selected by RELEASEE, against that CLAIM, including the payment of all RELEASEE’s attorney’s fees, costs and expenses related to the CLAIM and payment of all judgments, awards and settlement amounts related to that CLAIM. The terms of this agreement apply even if the CLAIM is caused by RELEASEE’s active or passive negligence. I and each RELEASOR waive all rights under California Civil Code Section 1542, which reads: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” I and each RELEASOR understand the significance and consequences of this specific waiver of California Civil Code Section 1542.

DEFINITIONS

“PROPERTY” means that real property including all land, buildings and other improvements at the Property. “RELEASEE” means each of: COPA INNOVATIONS LABORATORIES, LLC, a California limited liability company (“CIL”); COPA SOCCER TRAINING CENTERS, LLC, a California limited liability company (“CSTC”); each subsidiary of either CIL or CTSC; and the respective insurers, employees, officers, members, managers, associates, and affiliates of each of the foregoing. “RELEASOR” means each of: myself; each person who enters the PROPERTY as my guest or at my request; and the respective heirs, executors, administrators, successors, assigns and insurers of each of the foregoing. “CLAIM” means any claim, demand, liability, obligation or responsibility for any injuries or damages of any sort (including, but not limited to, any injury to any person, death of any person, damage to any property or destruction of any property) suffered by me, or by any other RELEASOR, or by any other person, entity, business or group, provided in each case: i) any RELEASOR suffers, causes, permits or is alleged to be involved in any way in the occurrence of the injury or damage; and (ii) the CLAIM is in any way related to any alleged act or omission of any RELEASSEE at or respecting any of the PROPERTY. I represent that either I am at least eighteen (18) years of age or my guardian is signing this form with me. 

Publicity and Media Release. For good and valuable consideration, the receipt of which I hereby acknowledge, I (the undersigned) hereby give COPA STC, and its affiliates, assigns, licensees and legal representatives the irrevocable right to use my picture, portrait, photograph, video, likeness and other renderings or images of me, my Personal Information (defined below), and all testimonials, quotes, or other statements provided by me or taken or developed by COPA STC (“Materials”) in all forms of media, including without limitation photographs, video, print advertisements, newsletters, brochures, websites and social media sites (collectively, “Media”) and in all manner, including electronic, Internet and online Media and/or composite representations, for advertising, promotion, trade, training or any other lawful purposes. All Materials submitted by me are original, not in the public domain, and do not infringe on any common law, statutory, or proprietary right of another or invade the privacy of any person.  I waive any right to inspect or approve the finished product or versions of the Materials, including written copy that may be created in connection therewith. I expressly release COPA STC, its affiliates, agents, employees, licensees and assigns from and against any and all claims which I have or may have for invasion of privacy, defamation, violation of any right to publicity, or any other cause of action arising out of production, distribution, publication, broadcast or exhibition of COPA STC advertisements, promotions, content, programs and/or materials in which any portion of the Materials appear.

Privacy Notice and Consent. I acknowledge that as part of the services and programs provided by COPA STC, it may collect personal information about me, including personal data, performance data, and other data from sensors on my body and equipment, through cameras, videos, photographs, measurements, performance analytics, etc. (“Personal Information”).

Performance Metrics. As part of the services provided by COPA STC, I acknowledge and understand that my Personal Information will be stored in a database that may be shared with and accessed by third parties, including colleges, teams (amateur, semi-professional and professional), and other organizations for purposes of assessing and evaluating my performance, skills, and capabilities. COPA STC will also use this information and data to develop a broad database of benchmarks, scores, standards, statistics, capabilities, trends, and analytics through our standardized assessment services and activities in a laboratory-type setting for access and use in the sports and athletics industries. Colleges, teams, and other organizations will then have the ability to search for athletes and talent based on numerous factors, including gender, age, position and key performance data to assist them with the search for athletes and talent. In this regard, COPA STC has the right to use your Personal Information to (a) provide its services and programs to you and to other participants, including for recruiting, hiring, selection and talent search purposes, (b) conduct internal research and development, (c) improve our services, products and programs, and (d) develop, market and sell data analytics research, products and services. Additionally, COPA STC has the right to aggregate, de-identify and/or anonymize your Personal Information (“De-Identified Information”), and to market, use and disclose such De-Identified Information for our commercial and business purposes.

Data Security and Privacy.  We will use commercially reasonable and appropriate data security safeguards to protect the privacy of your Personal Information against the risk of accidental, intentional, unlawful, or unauthorized access, alteration, destruction, disclosure, or use; and we limit our use of your Personal Information to the nature and amount necessary to accomplish our legitimate business purposes. We will work with you to keep your Personal Information accurate and up to date. We will share your Personal Information only with those who have a need to have access in order to accomplish our legitimate business purposes including colleges, professional teams, and other organizations. Please contact us if at any time you have any questions or concerns regarding the Personal Information we have about you, and to correct any information we have about you. While you may have the right under applicable law to have certain Personal Information about you deleted, you understand and acknowledge that by participating in our programs and services, your Personal Information may not be modified or deleted if not reasonably feasible due to the implementation of data integrity protocols, and to provide the services and programs to you and our other athletes, participants, colleges, teams and other participating organizations.  You may also have the right to request that we provide you with a copy of your Personal Information when this is technically feasible and required by applicable law. We will retain your Personal Information in perpetuity, for so long as we need to in order to fulfill the purposes for its collection and use as set forth above, or for the maximum period permitted by applicable law.

I HAVE READ THIS RELEASE AND CONSENT, AND AM FULLY FAMILIAR WITH AND AGREE TO ITS CONTENTS.

 CONSENTS, WAIVERS OF LIABILITY, INDEMNIFICATION: 

CONSENT TO FITNESS ASSESSMENT SERVICES AND WAIVER OF LIABILITY, AND ASSUMPTION OF RISK: You understand that participation in fitness assessment services is voluntary and at your own risk. The decision to participate (or not) will not affect your ability to participate in services at COPA STC. You authorize COPA STC to share fitness assessment scans, results, and progress with trainers and other associates of COPA STC in the ordinary course of business. Participating trainers may access scan and assessment reports to prepare for appointments with you, track and assess your measurements and progress, and to generally communicate with you regarding your fitness journey. COPA STC may share aggregate or de-identified information with third parties for marketing, advertising, research and similar purposes. You authorize COPA STC to send you scanned images, assessment results, and follow-up communications related to fitness assessments to the email address on file with COPA STC. YOU ASSUME ALL RISK OF PARTICIPATION IN FITNESS ASSESSMENT SERVICES AND UNDERSTAND THAT COPA STC IS NOT RESPONSIBLE FOR ANY DISCLOSURE, DAMAGES, OR INJURIES THAT MAY OCCUR AS A RESULT OF FITNESS ASSESSMENT RESULTS (INCLUDING SCANS) BEING SENT TO SUCH EMAIL ACCOUNT. 

WAIVER OF LIABILITY: YOU ACKNOWLEDGE THAT THE USE OF COPA STC’S FACILITIES (AND ANY ACTIVITIES CONDUCTED OUTSIDE THE FOUR WALLS OF THE GYM, INCLUDING BUT NOT LIMITED TO PARKING LOTS AND OTHER AREAS NEAR THE GYM, OR AT OFF-SITE BOOTCAMPS), EQUIPMENT, MERCHANDISE, SERVICES AND PROGRAMS (INCLUDING DIGITAL FITNESS SERVICES, PERSONAL AND GROUP TRAINING, AND FITNESS ASSESSMENT SERVICES) INVOLVES AN INHERENT RISK OF PERSONAL INJURY TO YOU AND YOUR GUESTS AND INVITEES. YOU VOLUNTARILY AGREE TO ASSUME ALL RISKS OF 

PERSONAL INJURY TO YOU, YOUR SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES AND WAIVE ANY AND ALL CLAIMS OR ACTIONS THAT YOU MAY HAVE AGAINST COPA STC, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY SUCH PERSONAL INJURY (AND NO SUCH PERSON OR ENTITY SHALL BE LIABLE TO YOU, YOUR SPOUSE, CHILDREN, UNBORN CHILDREN, OTHER FAMILY MEMBERS, GUESTS OR INVITEES FOR ANY SUCH PERSONAL INJURY), INCLUDING, WITHOUT LIMITATION: (A) INJURIES ARISING FROM YOUR USE OF ANY EXERCISE EQUIPMENT, MACHINES, GROUP EXERCISE, DIGITAL, OR PERSONAL TRAINING SERVICES; (B) INJURIES ARISING FROM PARTICIPATION IN SUPERVISED OR UNSUPERVISED ACTIVITIES AND PROGRAMS IN EXERCISE ROOMS, PARKING GARAGES OR OTHER AREAS INSIDE OR OUTSIDE COPA STC, (C) INJURIES ARISING FROM COPA STC’S NEGLIGENCE, WHETHER DIRECT OR INDIRECT; (D) INJURIES, DISEASE, INFECTION OR MEDICAL DISORDERS RESULTING FROM EXERCISING INSIDE OR OUTSIDE OF ANY COPA STC, INCLUDING HEART ATTACKS, STROKES, HEAT STRESS, SPRAINS, BROKEN BONES AND TORN OR DAMAGED MUSCLES, LIGAMENTS OR TENDONS; (E) ACCIDENTAL INJURIES WITHIN OR OUTSIDE OF ANY COPA STC FACILITIES, INCLUDING LOCKER ROOMS; AND (F) INJURIES ARISING FROM DISCLOSURE, TRANSMISSION, STORAGE, OR USE OF FITNESS ASSESSMENT SERVICES INFORMATION AND DATA DERIVED THEREFROM. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU ALSO WAIVE ALL CLAIMS AGAINST COPA STC, ANY OF ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FOR ANY CLAIMS YOU MAY HAVE UNDER ANY OF CALIFORNIA’S CONSUMER PROTECTION STATUTES. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND YOUR MEMBERSHIP. 

CHILD ACTIVITY WAIVER, ASSUMPTION OF RISK, RELEASE, AND INDEMNIFICATION AGREEMENT: YOU ACKNOWLEDGE THAT CHILD WILL BE INTERACTING WITH OTHER CHILDREN AND THAT ACCIDENTS SOMETIMES OCCUR. YOU ALSO ACKNOWLEDGE THAT USE OF COPA STC’S FACILITIES, EQUIPMENT, SERVICES AND PROGRAMS INVOLVES AN INHERENT RISK OF PERSONAL INJURY AND YOU VOLUNTARILY AGREE TO ASSUME ALL RISKS OF PERSONAL INJURY TO CHILD AND WAIVE AND RELEASE ANY AND ALL CLAIMS OR ACTIONS THAT YOU OR CHILD MAY HAVE AGAINST COPA STC, ANY OF ITS PARENTS, SUBSIDIARIES, OR AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (THE "COPA STC PARTIES") FOR ANY PERSONAL INJURY INCURRED WHILE IN OR AROUND THE COPA STC FACILTY, EVEN IF ARISING FROM THE DIRECT OR INDIRECT NEGLIGENCE OF THE COPA STC PARTIES. YOU, FOR CHILD AND YOURSELF AND ON BEHALF OF YOUR SPOUSE, OTHER FAMILY MEMBERS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, HEREBY WAIVE, RELEASE, INDEMNIFY, HOLD HARMLESS, AND COVENANT NOT TO SUE EACH OF THE COPA STC PARTIES, FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, COSTS, EXPENSES, LOSSES, OR LIABILITY ARISING OUT OF OR RELATED TO ANY PROPERTY LOSS OR DAMAGE, INJURY, DISABILITY, DEATH OR LOSS OF ANY KIND THAT YOU OR CHILD MAY SUFFER, WHETHER ARISING FROM THE ACTIONS OR INACTION (INCLUDING NEGLIGENT ACTIONS OR INACTIONS) OF THE COPA STC PARTIES OR OTHERWISE ("CLAIMS"), TO THE FULLEST EXTENT PERMITTED BY LAW. IN THIS REGARD, YOU HEREBY AGREE TO HOLD THE COPA STC PARTIES HARMLESS AND INDEMNIFY AND DEFEND SAME AGAINST ANY AND ALL LIABILITIES, DAMAGES, LIENS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR IN CONNECTION WITH ANY SUCH CLAIMS. THE PROVISIONS OF THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND YOUR MEMBERSHIP. 

Do not sign this Agreement until you have read all pages or if it contains blank spaces. The terms on all pages are a part of this Agreement. You are entitled to a completely filled-in copy of this Agreement. By signing this Agreement, you acknowledge that this Agreement will become legally binding upon its acceptance by COPA STC. You further acknowledge that COPA STC makes no representations or warranties to you, either expressed or implied, except to the extent expressly set forth in this Agreement.