beneFIT Terms and Conditions

RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY, AND PARENTAL CONSENT AGREEMENT ("Agreement") for BENEFIT FITNESS CHALLENGES (an Ohio Nonprofit Corporation) (“beneFIT”)

(This form is to only be used for Individual Adults or for Adults on behalf of Minors)

IN CONSIDERATION of participating in any way in any beneFIT sponsored or otherwise supported virtual events and independent challenges: Running, Cycling, Resistance Training, Swimming other athletic challenge Activities ("Activity") I, for myself, my personal representatives, assigns, heirs, and next of kin:

1. ACKNOWLEDGE, agree, and represent that I understand the nature of the Activities and that I am qualified, in good health, and in proper physical condition to participate in such Activity. I further agree and warrant that if, at any time, I believe I am experiencing a medical emergency, I will immediately discontinue further participation in the Activity.

2. FULLY UNDERSTAND that (a) beneFIT and any of its RELEASEES are not a replacement for medical advice and it is my responsibility to consult with my doctor before beginning any exercise regimen; (b) I am responsible for any health problems that may result from participating in a challenge or event sponsored by beneFIT; (c) these health problems may be caused by my own actions or inactions, the conditions in which the Activity takes place, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (d) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS, WHETHER OR NOT SPECIFICALLY LISTED HEREIN, AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I may incur as a result of my participation in the Activity.

3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE ANY OF BENEFIT FITNESS CHALLENGES, any beneficiaries of the Activity (if the Activity is a fundraising event), any sponsors, advertisers, and any of the respective administrators, directors, trustees, agents, officers, members, contractors, consultants, volunteers, and employees of the foregoing, or any other participants in the Activity (each of the foregoing considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS. And, I FURTHER AGREE that if, despite the foregoing and other provisions of this Agreement, I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.

I AM 18 YEARS OF AGE OR OLDER, HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, HAVE SIGNED IT VOLUNTARILY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. I AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID, THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.