SFUELS LLC.

 

STADIUM EXERCISE SESSIONS

 

PARTICIPATION AGREEMENT

 

 

ALL PARTICIPANTS: READ THIS DOCUMENT CAREFULLY BEFORE SIGNING. THIS DOCUMENT HAS LEGAL CONSEQUENCES AND WILL AFFECT YOUR LEGAL RIGHTS AND WILL ELIMINATE YOUR ABILITY TO BRING FUTURE LEGAL ACTIONS.

 

NOTE TO MINORS: IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT PARTICIPATE IN THE SFUELS STADIUM EXERCISE SESSIONS.

 

The SFUELS STADIUM EXERCISE SESSIONS (the “Stadium”) will consist of a series of live Youtube streaming videos, featuring group exercise sessions for various sports with virtual participation. The streaming videos will include host athletes joining participants virtually for various exercises, including but not limited to cycling, running, in-line skating, and other various forms of strenuous activity.  While Stadium hosts may be cycling, running, or performing other exercises at a location of their choosing, participants are restricted from participating in certain locations. SFuels does not recommend participating outdoors. Participants are forbidden from joining the live Stadium Exercise Sessions on any roadway, highway, avenue, or boulevard where motorized vehicles regularly and freely travel. Participants are forbidden from trespassing on property in order to participate in the Stadium Exercise Sessions. If a participant wishes to participate in an outdoor setting, participants will be restricted to safe and legal venues, including but not limited to trails, tracks, stadiums, public parks, exercise facilities, and gymnasiums. Participants must participate in a safe manner that does not unnecessarily endanger themselves or other participants or members of the public and must be aware of his/her surroundings while participating. For the avoidance of doubt, SFuels is not responsible for the safety or legality of where participants choose to participate. Participants are free to use any form of non motorized transportation or exercise, including but not limited to running, biking, in-line skating, or any other form of activity.

 

Released Parties include SFUELS LLC. and its directors, officers, employees, agents, contractors, insurers, members, spectators, co-participants, equipment suppliers, and volunteers; all SFUELS STADIUM partners, sponsors, organizers, promoters, directors, officials, property owners, and advertisers; and any or all parent, predecessor, subsidiary or affiliate companies, licensees, officers, directors, partners, board members, supervisors, insurers, agents, equipment suppliers, and representatives of any of the foregoing.

 

Releasing Parties include the participant as well as participant’s spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on participant’s behalf.

Assumption of Inherent Risks:  The Stadium Exercise Sessions are meant to be a test of participants’ endurance, strength, stamina, and mental fortitude. The act of running, bicycling, or participating in any manner bears an inherent risk to bodily harm or injury. The Participant acknowledges that all sessions within the Stadium are hazardous activities and carry inherent risk of bodily harm or injury. Inherent risks are risks that cannot be eliminated completely (without changing the challenging nature of the sessions) regardless of the care and precautions taken by SFuels LLC, and the Stadium Exercise Session hosts, administrators, and participants. Participant understands that endurance exercise, such as this, is extremely strenuous with the accompanying risks and dangers generally present in such activities. Furthermore, Participant understands that these hazards may be magnified due to any external conditions, including the spread of the Covid-19 pandemic.

 

Participant further understands and acknowledges that any of these risks and others, not specifically named, may cause injury or injuries that may be categorized as minor, serious, or catastrophic. Minor injuries are common and include, but are not limited to: scrapes, bruises, sprains, strains, muscle tension and soreness, nausea, cuts, sunburn, abrasions, grazes, lacerations, and contusions. Serious injuries are less common but do sometimes occur. They include but are not limited to property loss or damage, broken bones, fractures, torn or strained ligaments and tendons, concussions, exposure, dehydration, heat exhaustion and other heat-related illnesses, mental stress or exhaustion, infection, vomiting, dislocations, hyperthermia, hypothermia, anemia, electrolyte imbalance, loss of consciousness, syncope, dizziness, fainting, seizures, electric shock and/or injury, and neurological disorders/pain. Catastrophic injuries are rare; however, we feel that our participants should be aware of the possibility. These injuries can include but are not limited to, permanent disabilities, stroke, single or multiple organ failure or dysfunction, physical damage to organs, spinal injuries, paralysis, heart attack, heart failure, blood cell disorder, brain swelling, and even death.

 

Participant also understands that it is his/her responsibility to consult with his/her personal physician prior to participation in the Stadium sessions to ensure that such participation will not pose any unusual risks to participant’s health and well-being.

 

Participant understands fully the inherent risks of participation in the Stadium Exercise Sessions and asserts that he/she is willingly and voluntarily participating in the Stadium Exercise Session. Participant has read the preceding paragraphs and acknowledges that 1) he/she understands the strenuous nature of the Stadium Exercise Sessions; 2) he/she understands the demands of this activity relative to his/her physical condition; and 3) he/she appreciates and understands the potential impact of the types of injuries that may result from the Stadium Exercise Sessions. Participant hereby asserts that he/she knowingly assumes all of the inherent risks of the activity on behalf of himself/herself and takes full responsibility for any and all damages, liabilities, losses, or expenses that may incur as a result of participating in the Stadium Exercise Session.

 

Waiver of Liability for ORDINARY NEGLIGENCE: In consideration of being permitted to participate in the Stadium Exercise sessions, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Participant hereby forever waives, releases, covenants not to sue, and discharges SFuels LLC, all of its assigns, agents, employees, members, directors, subsidiaries, all of the Stadium Hosts, administrators, organizers and any other Stadium Partners from any and all claims resulting from the INHERENT RISKS of the Stadium exercise sessions or the ORDINARY NEGLIGENCE of SFuels LLC, Stadium Hosts and/or the other Stadium Exercise Session Partners (or other Released Parties) that Participant may have arising out of participation in the Stadium Exercise Sessions.

Indemnification Agreement: In consideration of being permitted to participate in the Stadium Exercise Sessions and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Participant hereby agrees to hold harmless, defend and indemnify SFuels LLC, all of its assigns, agents, employees, members, directors, subsidiaries, all of the Stadium Hosts, administrators, organizers and any other Stadium Partners (and the other Released Parties) from and against any manner of claim, demand, proceeding, suit and action (whether civil, criminal, administrative or investigative,) and any liability (joint or several), loss, damage, expense, or injury of any nature suffered or sustained by such party (including any judgment, award, settlement, and any reasonable attorneys’ fees and disbursements and other costs or expenses incurred in connection with the defense of any actual or threatened action, proceeding, or claim) (“Loss”), arising out of or incidental to the Stadium Exercise Sessions, regardless of whether or not the Indemnitee continues to be a manager, employee, host, participant, partner, owner, agent, officer, or affiliate thereof at any time any such liability or expense is paid or incurred, to the maximum extent permitted by law, provided, that, such Indemnitee acted or omitted to act in good faith with a view to the best interests of the Company, Stadium Exercise Sessions, participants, hosts, and organizers. This indemnity shall survive the expiration or sooner termination of the Stadium exercise session.

Agreements for the Protection of Participants:

 

            Participant represents and warrants:

 

(A)       that he/she is in good health and in proper physical condition to safely participate in the Stadium exercise sessions. Participant certifies that he/she has no known or knowable physical or mental conditions that would affect the ability to safely participate in the Stadium Exercise Sessions, or that would result in his/her participation creating a risk of danger to myself or to others.

 

(B)       that he/she is in full command of his/her faculties and is not under the influence of alcohol or drugs and agrees not to participate in the Stadium Exercise Sessions while under the influence of alcohol and/or drugs.

 

(C)       that he/she acknowledges that SFuels LLC, Stadium Hosts, and all Stadium Partners recommend and encourage each participant to get medical clearance from his/her personal physician prior to participation. Participant asserts that he/she has not been advised or cautioned against participating by a medical practitioner and understands that it is his/her responsibility to continuously monitor his/her own physical and mental condition during the Stadium Exercise Session, and Participant agrees to withdraw immediately and notify the appropriate authorities if at any point his/her continued participation would create a risk of danger to themself or to others.

(D)       that he/she understands and consents that SFuels LLC. has the right to immediately remove any athlete from the live video stream, without warning, should that runner be deemed to show or display any signage or branding of any kind or inappropriate or offensive materials or behavior. In addition, SFuels LLC reserves the right to remove any athlete from the live video stream, at any time, and at the sole discretion of SFuels LLC. in order to accommodate additional demand from other athletes wishing to participate in the live stream of a Stadium Exercise Session. In no way does an athlete’s registration or participation in a Stadium Exercise Session guarantee that athlete’s inclusion in the live stream of a Stadium Exercise Session.

 

(E)       that he/she grants SFuels, LLC. the right in perpetuity to broadcast, post, share, or stream images of Participant captured during any of the Stadium Exercise Sessions and to use Participant’s image and likeness in any future broadcasts of Stadium Exercise Sessions or for use in marketing, promotional, and/or commercial materials.

 

(F)        that he/she understands that the Stadium Exercise Session is a live stream open to public view, with the strong possibility of minors watching, and as such, represents that he/she will act appropriately towards other participants and refrain from using obscene, inappropriate, or rude behavior or language.

Venue and Jurisdiction: If legal action should proceed in a court of law, the local state or federal court of Delaware has the exclusive jurisdiction and that only the substantive laws of Delaware shall apply to any legal proceedings.

 

Severability: This Participation Agreement is intended to be as broad and inclusive as is permitted by law in the State of Delaware and that if any provision shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be severed from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 

Mediation and Arbitration: In the event of a legal issue, Participant agrees to engage in good faith efforts to mediate any dispute that might arise. Any agreement reached will be formalized by a written contractual agreement at that time. Should the issue not be resolved by mediation,  Participant agrees that all disputes, controversies, or claims arising out of participation in the Stadium Exercise Sessions, shall be submitted to binding arbitration in accordance with the applicable rules of the American Arbitration Association then in effect. The cost of such action shall be shared equally by the parties.

 

Class Actions:  Participant agrees that any arbitration, mediation or legal action shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties.

 

Stadium Exercise Session Delay or Cancellation: Participant acknowledges that SFuels LLC or Stadium Exercise Session Hosts at its/his/her sole discretion may delay, modify, or cancel a Stadium Exercise Session at any time and for any reason.

Alcohol & Drugs: Participant understands that the consumption of any alcohol and any illicit or illegal drugs or substances DURING the Stadium Exercise Session is strictly prohibited. The consumption of any illicit or illegal drugs or substances BEFORE the Stadium Exercise Session is strictly prohibited. Participant agrees to take full responsibility for any alcohol consumption during the Stadium Exercise Session.

 

Acknowledgment of Understanding: I have read this Participation Agreement, and fully understand its terms. I understand that I am giving up substantial rights, including my right to sue. I further acknowledge that I am freely and voluntarily signing (via clicking the box associated with this participation agreement document) the agreement and participating in the Stadium Exercise Sessions, and intend my signature to be a complete and unconditional release of all liability due to ORDINARY NEGLIGENCE of SFuels LLC, Stadium Hosts, and any Stadium Partners (and other Released Parties) or the INHERENT RISKS of the activity, to the greatest extent allowed by law in Delaware.

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