LIABILITY WAIVER AND RELEASE

I, _____________________________________, hereby enter into this Liability Waiver and Release (the “Release”), dated as of  the date of signature of this document, in favor of Wukkout L.L.C., a New York limited liability company (“Wukkout”), and its current and former officers, managers, subsidiaries, affiliates, members, sponsors, employees, attorneys, agents, and the heirs, executors, administrators, receivers, successors, and assigns of all the foregoing (each, a “Released Party” and collectively the “Released Parties”).

I wish to participate in a class or classes offered by Wukkout (each, a “Class” and collectively the “Classes”), which may require participation in physical activities, including but not limited to high-energy and high-intensity Caribbean Carnival-like dance movements (i.e., jumping, wining, waving, etc.) (the “Activities”).

By signing this Release, I certify that I have no physical condition that would present a risk of injury or death through my participation in the Class(es) and in the Activities, and I agree and acknowledge that my participation is completely voluntary and without compensation or remuneration by the Released Parties. I shall have the right to cease participation in the Class(es) and in the Activities at any time.

In order to participate in the Class(es) and in the Activities, I hereby voluntarily, with full knowledge of the possible dangers associated with the Activities, and without duress execute this Release under the terms set forth below.

1.     Release and Waiver

I, on behalf of my myself, my family, estate, heirs and assigns, hereby release, forever discharge and hold harmless the Released Parties from any and all losses, damages, liability, claims, and demands of whatever kind or nature, either in law or in equity, which I may have against any of the Released Parties which may arise as a result of my participation in the Class(es) and in the Activities, whether or not arising due to the negligence of Wukkout, any other Released Party, myself or any third party. I hereby expressly waive and release any and all claims, now known or hereafter known, against Wukkout and any other Released Party on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Class(es) and in the Activities, whether arising out of the ordinary negligence of Wukkout or any other Released Party or otherwise. I agree not to make or bring any such claim against Wukkout or any other Released Party, and forever release and discharge Wukkout and all other Released Parties from liability under such claims. This Release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that New York law does not permit to be released by agreement.

2.     Assumption of Risk and Emergency Care

I understand that the Class(es) and the Activities may include activities that may be hazardous (and that some of these hazards may not be readily visible). I am voluntarily participating in the Class(es) and in the Activities, and I am participating in the Class(es) and in the Activities entirely at my own risk. I am aware of the risks associated with traveling to and from as well as participating in the Class(es) and in the Activities, which may include, but are not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others’ negligence, conditions related to travel, or the condition of the activity location(s). Nonetheless, I hereby expressly and specifically assume all related risks and harm in anyway associated with my participation, both known or unknown to me, of my participation in the Class(es) and in the Activities, including travel to, from and during the Class(es) and the Activities.

I acknowledge that the Class(es) and the Activities may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.

I further hereby give permission to Wukkout or any of its agents to secure from any licensed hospital, physician, or medical personnel any treatment considered necessary for my immediate care. I acknowledge that any injuries that I sustain may result from or be compounded by the actions, omissions, or negligence of Wukkout, including negligent emergency response or rescue operations of Wukkout. I hereby release, forever discharge, and hold harmless Wukkout and all other Released Parties from any claim based on such treatment or other medical services. I understand that Wukkout does not provide medical advice or diagnosis and is not intended as a substitute for a licensed physician. In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

In the event that any damage to equipment or facilities occurs as a result of my willful actions, recklessness, or neglect, I acknowledge and agree to be held liable for any and all costs associated with those actions.

3.     Insurance

I understand that Wukkout and the other Released Parties are under no obligation to provide, carry or maintain health or other insurance coverage for me related to my participation in the Class(es) and in the Activities. I expressly waive any right or claim to any insurance proceeds received by any of the Released Parties in connection with the Class(es) and the Activities.

4.     Indemnification

I agree to release, indemnify and hold Wukkout and the other Released Parties harmless from any loss, damage, liability, claim or demand of any kind that may be sustained by a third party or myself, or to any property belonging to a third party or myself, including any costs or reasonable attorneys’ fees, that may arise as a result of my acts or omissions while participating in the Class(es) or in the Activities.

5.     Image Release

I expressly agree that Wukkout and the other Released  Parties may take and use visual/audio images of me, which include but are not limited to, recordings, photographs, digital images, drawings, video recordings, voice, sound, or audio clips, or accompanying written descriptions (the “Images”). I agree that Wukkout and the other Released  Parties own the Images and all rights related thereto, including any royalties, proceeds or any benefits derived therefrom and that I am not entitled to any compensation relating to the Images. Wukkout and the other Released  Parties may use the Images in any matter or media without notifying me, including but not limited to use in web sites, publications, promotions, broadcasts, advertisements, posters, presentations, exhibits and videos. I further grant to Wukkout and the other Released  Parties, without time restrictions, full rights to republish or rebroadcast  the Images. I waive any right to inspect or approve the finished Images or any printed or electronic matter that may be used therewith. I release Wukkout and the other Released  Parties from all claims, damages and liability in connection with the taking or use of the Images or printed material used with the Images.

6.     Miscellaneous

This Release is intended to be as broad and inclusive as permitted by the laws of the State of New York. I agree that, if any term or clause of this Release shall be deemed illegal, invalid or unenforceable, then the remainder of this Release shall not be affected thereby. I have freely and voluntarily entered into this Release and signed my name below to express my acceptance of these terms and conditions of participation in the Class(es) and in the Activities. By signing this Release, I certify that I have had the opportunity to read this Release, I fully understand all of its provisions, and I understand I am waiving valuable legal rights.

7.     Governing Law; Waiver of Jury Trial

This Release shall be governed by the laws of the State of New York. Any controversy or claim, whether in tort, contract or otherwise, arising out of or relating to the relationship between myself and the Released Parties shall be brought in the courts of the Borough of Manhattan in the State of New York or in the United States District Court for the Southern District of New York. I waive any objection I may now or hereafter have to personal jurisdiction, venue or to convenience of forum, agree that all claims in respect of the proceeding or action shall be heard and determined only in any such court, and agree not to bring any proceeding or action arising out of or relating to this Release in any other court. I irrevocably waive, to the fullest extent permitted by applicable law, any right I may have to a trial by jury in respect of any suit, action or other proceeding arising out of this Release.