MOST IMPORTANT:

Make sure your doctor has cleared you to exercise before starting any exercise program!


Release of Liability

READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS

In exchange for participation in the workout programs and all related activities organized by Zebra Workouts LLC, of Indian Trail, NC, I, the undersigned, agree for myself, and (if applicable) for the members of my family, to the following:

1. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activities and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Zebra Workouts LLC for any injury, loss or damage arising out of my or my family's use of the activities programmed by Zebra Workouts LLC, whether caused by the fault of myself, my family, Zebra Workouts LLC, or other third parties.

2. INDEMNIFICATION. I agree to indemnify and defend Zebra Workouts LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees, other litigation costs, and action taken against me by a current or former client, or a current or former employer, which may in any way arise from my or my family's use of products or services provided by Zebra Workouts LLC.

3. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under North Carolina law.

4. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Zebra Workouts LLC has offered to refund any fees I have paid to use its programs if I choose not to sign this Agreement. I acknowledge that, by completing a financial transaction for any programs or services provided by Zebra Workouts, LLC, I acknowledge my acceptance of this Agreement.

5. ARM'S LENGTH AGREEMENT.  This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

6. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

7. DISPUTE RESOLUTION.  The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

8. ELECTRONIC SIGNATURES. Any signature (including any electronic symbol or process attached to, or associated with, a contract or other record and adopted by a Person with the intent to sign, authenticate or accept such contract or record) hereto or to any other certificate, agreement or document related to this transaction, and any contract formation or record-keeping through electronic means shall have the same legal validity and enforceability as a manually executed signature or use of a paper-based recordkeeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act, or any similar state law based on the Uniform Electronic Transactions Act, and the parties hereby waive any objection to the contrary.