FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, _______________, an individual residing in the State of Florida (“CLIENT”), on his/her own behalf and on behalf of his/her respective heirs, representatives, executors, administrators and/or agents, shall hereinafter release, indemnify, defend, protect and otherwise hold harmless B.E.A.S.T. Fitness, Inc., a Florida corporation (“BEAST”), and its respective officers, members, managers, representatives, executors, administrators, agents, attorneys, successors and/or assigns, from any and all past, present, and future actions, causes and causes of action, claims, controversies, damages, judgments, executions, agreements, contractors, promises, or suits of any kind or make whatsoever, in law or in equity, as they now have, ever had, will ever have, from now until the end of time, whether known or unknown, including the trial and appellate levels, including any and all attorneys’ fees and costs incurred, in connection with and/or otherwise related to any and all instruction, teaching, technique, demonstration, directive, competition, and/or other activity provided by BEAST to CLIENT.
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, CLIENT on his/her own behalf and on behalf of his/her respective heirs, representatives, executors, administrators and/or agents, shall hereinafter permit BEAST to use his/her name, image and/or likeness for any promotional and/or marketing purposes and/or for any other purposes that BEAST shall determine, in its sole and absolute discretion and without limitation.
IT IS FURTHER UNDERSTOOD AND AGREED that in making this Release, Indemnification and Hold Harmless Agreement and Agreement for Use of Name, Image and Likeness, CLIENT relies wholly upon his/her own judgment, belief and knowledge of the nature, extent and duration of the facts and circumstances in connection with the making hereon, and warrant that it has not been influenced to any extent whatsoever in making this by any representations or statements regarding said facts, or regarding any other matters, made by the company who is hereby released, or by any person or persons representing it.
IT IS FURTHER UNDERSTOOD AND AGREED that CLIENT has carefully read this Release, Indemnification and Hold Harmless Agreement and Agreement for Use of Name, Image and Likeness, know and understand its contents, and sign it voluntarily as its own free act and deed and have been the afforded the opportunity to seek advice of counsel.
IT IS FURTHER UNDERSTOOD AND AGREED that this Release, Indemnification and Hold Harmless Agreement and Agreement for Use of Name, Image and Likeness shall be construed, interpreted and governed by Florida law, with venue for any action arising out of or related to this Release, Indemnification and Hold Harmless Agreement being the jurisdictional court lying situate in Palm Beach County, Florida.
IT IS FURTHER UNDERSTOOD AND AGREED that Release, Indemnification and Hold Harmless Agreement and Agreement for Use of Name, Image and Likeness contains the entire understanding of CLIENT and BEAST. The terms of this Release, Indemnification and Hold Harmless Agreement and Agreement for Use of Name, Image and Likeness are contractual and not a mere recital.