CONSENT TO USE OF NAME AND LIKENESS
True Transformation Inc. READ THIS AGREEMENT FULLY AND CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.  THIS AGREEMENT (“AGREEMENT”) IS ENTERED INTO BY AND BETWEEN THE UNDERSIGNED PARTICIPANT AND FIT MAN PODCAST DBA TRUE TRANSFORMATION AND COVERS IMPORTANT LEGAL MATTERS INCLUDING A PUBLICITY RELEASE AND WAIVER.  I, the undersigned, wish to work in/at/with or to participate in the TT LIVE (the “Event”), to be hosted by True Transformation (TT). I understand that before, during and after the Event I may be photographed or videotaped and my voice recorded as well. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for the use of any such recordings and the use of my name or likeness. I grant to True Transformation and its affiliates and assigns the exclusive permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form or medium, without restrictions, and for any purpose, in perpetuity. ACKNOWLEDGMENT OF PARTICIPANT. I UNDERSTAND AND ACKNOWLEDGE THAT BY SIGNING THIS AGREEMENT, I AM GIVING UP CERTAIN LEGAL RIGHTS. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND THAT FITNESS MASTERMIND WILL SPECIFICALLY RELY ON MY PROMISES.  I HAVE HAD AN OPPORTUNITY TO CAREFULLY READ THE ENTIRE AGREEMENT AND TO HAVE ANY QUESTIONS ANSWERED TO MY SATISFACTION.  I hereby represent, warrant and covenant to the Released Parties that each of the following is true and accurate:  • I am at least 18 years of age. • I have read this entire Agreement, understand the words and language in this Agreement, and agree to all of the terms and conditions of this Agreement. RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT THE TT PROGRAM READ THIS AGREEMENT FULLY AND CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. AGREEING TO THE TERMS OF THIS AGREEMENT IS A CONDITION OF ACCESS TO THE TT PROGRAM . YOU MAY ELECT NOT TO PARTICIPATE IF YOU DO NOT AGREE WITH THE TERMS OF THIS DOCUMENT.  THIS AGREEMENT (“Agreement”) COVERS IMPORTANT LEGAL MATTERS INCLUDING, WITHOUT LIMITATION: (i) YOUR ASSUMPTION OF ALL RISKS, (ii) YOUR CONSENT TO PARTICIPATE, (iii) YOUR CONSENT TO MEDICAL TREATMENT, (iii) YOUR WAIVER OF LIABILITY AND RELEASE OF ALL CLAIMS, (iv) YOUR AGREEMENT TO INDEMNIFY US, and (v) YOUR RELEASE OF RIGHTS TO PUBLICITY.  1. CONSIDERATION FOR WAIVING LIABILITY: I, the undersigned, wish to work in/at/with or to participate in the TT Program, hosted by Fat Man Podcast, LLC. I understand that the event will consist of numerous activities intended to motivate, educate, scare, challenge and push me to overcome obstacles of all kinds in order to help me grow as a person. I wish to participate because I believe it will enrich all facets of my life. I understand the exact activities will not be disclosed in advance but I know the following, and similar things, are likely to be included: , boot camp style exercises, confrontational feedback (verbal and situational), team building exercises, running, physical conditioning,  active stress response training,  instruction and exhibitions (the “Activities;” collectively, the “Event”), whether conducted, owned, leased, organized, operated, managed, supported, sanctioned or sponsored by or on behalf of Josiah Novak or Fit Man Podcast, LLC (collectively “FMM”), or any of their respective owners, managers, officers, directors, agents, volunteers, staff, representatives, consultants, affiliated companies, contractors, guests, licensees, invitees or employees, as well as coaches, instructors, trainers, owners, lessors, lessees or operators of any affiliate entity, sponsor, vendor, medical personnel present at the location(s) (together the “Released Parties” or each a “Released Party”) of the Event (or any portion thereof), or any other venue, location or equipment used in or with any part of the Event (collectively, referred to as the “Venue”), with or without supervision and whether such activities take place at or near the Venue, traveling to or from the Venue or otherwise. All references herein to the Event necessarily include a reference to the Activities, and each of them, including those not specifically mentioned above. In order to participate in the Event and the Activities, by my signature below, I (sometimes referred to herein as “Participant”), for myself, my heirs, executors, next of kin, and “Releasors” (defined further below), I make the promises and representations set forth below. I know that TT and those affiliated with the Event are specifically relying upon the promises and representations I make by signing this Agreement.  2. DANGEROUS ACTIVITY 2.1. Inherent and Additional Risks. I agree and acknowledge that participating in the Event will involve inherent danger and risk, that the risk of injury from the Event is significant and can be unpredictable, and that such risks and dangers include, without limitation, the danger and risk of (i) PHYSICAL INJURY AND/OR DEATH; (ii) falling, jumping, landing, tripping, stumbling, slipping, collisions with equipment, staff, guests, Released Parties; (iii) minor injuries, such as scratches, bruises and sprains; (iv) major injuries, such as joint and back injuries, broken bones, lacerations, abrasions, contusions, dislocated shoulders, concussions, rhabdomyolysis, musculoskeletal injuries, cardiovascular injuries, cardiovascular trauma, and injury to my fetus (if pregnant); (v) catastrophic injuries, such as heart attack, stroke, brain injury and paralysis; (vii) emotional distress and trauma related to things like embarrassment, pressure, stress response, poor performance, scorn, ridicule, competition and (vi) damage to personal property. I also understand the activities may also include, without limitation, (a) assisting with, preparing for or removing/relocating equipment; (b) participating in the administration, monitoring or governance of an event or activity; (c) competing in, assisting other participants in preparing and training for an event or activity; (d) teaching or instruction, equipment preparation or maintenance; (d) directing the flow of traffic and people; (e) performing administrative tasks, and/or (f) participating in any other duties or uses of the Event and Venue. I also understand that the use of alcohol and/or drugs by myself or anyone else may occur and may increase or exacerbate these risks and dangers. I understand and agree that neither my actions, nor the actions of any other person, can necessarily be controlled, and that my safety and health cannot be guaranteed while participating in or observing the Event and related activities or visiting the Venue. By signing this Agreement, I freely accept and fully assume responsibility for all such dangers and risks and the possibility of personal injury, death, property damage or loss resulting therefrom. I acknowledge and understand that the description of the risks and dangers listed above is not complete and that participating in the Event involves additional risks and dangers, which may include, without limitation, encounters with motor vehicles and equipment, limited access to and/or delay of medical attention, dehydration, mental distress from participation, and negligence of others. I understand that there are risks posed by and dependent upon the decision-making and conduct of the TT employees, contractors and volunteers involved with the Event, including, but not limited to, the risk that a coach, instructor, staff or volunteer may misjudge a participant’s abilities, stamina, strength, tolerance, conditioning, or mental, emotional or physical condition, misjudge weather, terrain, facilities, equipment, location, misjudge some other aspect of the Event that may make a certain portion of the Event inappropriate for Participant or fail to understand or interpret efforts to communicate regarding a dangerous condition or any other circumstance. I assume all risks related to the foregoing. 2.2. Equipment. I agree to inspect before use all equipment offered for use at the Event and the Venue, including without limitation, exercise and fitness equipment and apparatus or other equipment (the “Equipment”) and to ask questions of the Event employees and/or instructors if I do not fully understand how to use either the Equipment or the Venue – or how to participate in any Activity. I warrant that information provided to Event employees, instructors, seminar technicians and personnel has been and will be accurate and complete. I understand that, although I may be wearing protective or support gear, as applicable, such gear cannot guarantee my safety or protect the wearer against all potential injuries or prevent all injuries. I accept for use “AS IS” any Equipment used for an Event and agree to identify or return either before use or promptly after discovery for replacement or repair any Equipment that I believe may be damaged or defective in any way.  3. DUTIES OF PARTICIPANT AND REPRESENTATION AS TO PHYSICAL CONDITION. I agree to read all posted signs and warnings. I must maintain control at all times while participating in the Event. I am responsible for reading, understanding and complying with all signage, including, without limitation, instructions for the use of the Venue. I acknowledge that I have the physical dexterity and knowledge to safely engage in the Event and use the Venue. I acknowledge and agree that I am solely responsible for evaluating my physical fitness, mental fitness, technical skills and experience in order to assess my suitability to engage in the Event and each Activity. I acknowledge that I have consulted with a qualified physician about my desired participation in the Event, and that I am adhering to any guidelines my physician has recommended. I acknowledge that I do not suffer from ANY health condition which may be aggravated by participating in the Event, including, but not limited to, pregnancy, hypertension, heart conditions, high blood pressure, back, neck or other skeletal, muscular, respiratory or circulatory problems.  4. ASSUMPTION OF ALL RISKS. Understanding, acknowledging and agreeing to all the risks and hazards involved with the Event, I freely and voluntarily choose to participate in the Event, travel to, enter and use the Venue, and I HEREBY VOLUNTARILY AND EXPRESSLY AGREE TO ACCEPT AND ASSUME ALL RISK OF LOSS, DAMAGES, THEFT, INJURY OR DEATH THAT MAY OCCUR TO ME OR MY PROPERTY AS A RESULT OF OR INCIDENT TO MY PARTICIPATION IN THE EVENT OR FROM ANY PRIZES OR GIFTS THAT MAY BE AWARDED TO ME IN CONNECTION WITH THE EVENT, INCLUDING THE RISK I MAY BE INJURED BY THE ACTIONS, OMISSIONS, REPRESENTATIONS OR NEGLIGENCE OF THE RELEASED PARTIES, OTHER PARTICIPANTS OR THIRD PARTIES WHILE PARTICIPATING, TRAVELING TO OR FROM OR USING OR VISITING THE VENUE. I understand and agree that by agreeing to this Agreement, I am assuming full responsibility for any and all risks which may arise out of the Event, especially including those identified herein, and especially including the risk of death, serious personal injury, temporary or permanent disability, or property loss and/or damage suffered by me or my property in connection with the Event whether or not described in this Agreement, known or unknown, inherent or otherwise, or while visiting, traveling to or using the Venue. I understand and agree that this Agreement will be binding on me, my spouse (or registered domestic partner), my guardians, the executors or administrators of my estate, my heirs, my personal representatives, my assigns, my next of kin, my successors in interest, my children, and any guardian ad litem for said children (collectively, the “Releasors”). I accept full and complete responsibility for the safety of myself, any guests, observers or other individuals who I have invited to the Venue, and property we have brought to the Venue, and I assume the risk of damage, theft, loss or injury caused by others to me, my guests and our property. I also accept full and complete responsibility for the consequences of taking unreasonable risks while participating in the Event or using the Venue, including, without limitation, attempting activities that I am not qualified to perform safely, causing any other participants/spectators an unreasonable risk of harm, or failing to follow correct safety procedures when using the Venue and participating in the Event. I understand that others may take unreasonable risks and the risks I have assumed herein include risks arising out of same.  5. RELEASE OF LIABILITY. On behalf of myself and the Releasors and in consideration for being allowed to participate in the EVENT and/or use of the Venue, I HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE ANY AND ALL CLAIMS OR CAUSES OF ACTION, NOW KNOWN OR HEREAFTER KNOWN IN ANY JURISDICTION THROUGHOUT THE WORLD, AGAINST THE RELEASED PARTIES, INCLUDING, WITHOUT LIMITATION, ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, ACCIDENT, DEATH, DISMEMBERMENT, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE, DESTRUCTION, DELAY, INCONVENIENCE OR OTHER HARM OF WHATEVER NATURE THAT MAY BE DIRECTLY OR INDIRECTLY RELATED TO, ARISING FROM OR SUSTAINED FROM PARTICIPATION IN OR TRAVEL TO/FROM THE EVENT OR USE OF THE VENUE OR ACTIVITIES RELATED THERETO, NEGLIGENT FIRST AID OR EMERGENCY RESPONSE OF THE RELEASED PARTIES OR OTHER NEGLIGENT ACT OR OMISSION OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF ANY RELEASED PARTIES OR OTHERWISE, provided that nothing in this Section 5 shall be deemed to release any Released Party from liability arising from their own willful or intentional injury to me or my property. I expressly waive the provisions and protections of Section 1542 of the California Civil Code and any similar law of any jurisdiction. I understand that Section 1542 provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. I expressly acknowledge and understand the significance, effects and consequence of a waiver of Section 1542 and hereby assume full responsibility for such a waiver.  6. UNPREDICTABILITY OF CAUSE; PERSONAL RESPONSIBILITY. I understand that injuries and harm may result from the Event, including participation while tired, confused, cold, hot and/or exhausted. The injuries and harm contemplated by this agreement and the Event include injuries from working with and around rocks, sticks, naturally occurring conditions, uneven terrain, weightlifting, exercise and fitness equipment and apparatuses, climbing ropes, peg boards, walls, sports, music/entertainment equipment and machinery from a variety of causes, including the acts or omissions of other persons, weather, ice, snow, hills, mountains, terrain, ocean or water conditions, ground and environmental conditions and other causes not necessarily predictable or within anyone’s control. I agree and acknowledge that the Released Parties do not accept any responsibility for injury, illness, loss, or damages suffered by me and that obtaining insurance to cover these risks is my own responsibility. FMM does not offer or arrange for insurance. I acknowledge and agree that it is my responsibility to procure insurance, including: medical, disability, accidental death coverage and general liability. I acknowledge that (i) the Released Parties and any other person at the Event and/or Venue do not, and will not have, insurance that covers me in connection with my attendance or participation at the Event and/or Venue, and (ii) I am not relying on the existence of the same in the decision to be present at the Event and/or Venue at any time hereafter. Any insurance any of the Released Parties may have shall in no way diminish my obligation to obtain insurance coverage applicable to me while being present at the Event and Venue. The foregoing does not diminish the requirement of any party to have any insurance required by law. I understand and agree that I am solely responsible for any medical costs and expenses (including insurance costs) incurred directly and/or indirectly by me as a result of my attendance at the Event. With respect to any Participant acting as a volunteer for the Event or Venue, I acknowledge and agree that such volunteer is not an employee of the Event and Venue regardless of any non-cash remuneration for time and services they may receive. I further understand and agree that volunteers are not covered by Workers’ Compensation, and accordingly, volunteers are encouraged to obtain their own medical insurance coverage. I assume all risk of personal injury, sickness or death, and damage to or loss of my belongings and property, and any and all other delay, inconvenience, damage, loss or other expenses I may suffer as a result of or in connection with the Event. I shall be fully responsible for my actions. I assume responsibility for my safety and that of others, including injuries, property damage and harm, to the fullest extent possible and regardless of the acts or omissions of others.  7. PERSONAL PROPERTY. I am responsible for the security and safety of my own property and any personal effects I use, bring to or leave at the Venue or otherwise related to the Event, and that the Released Parties cannot guaranty the security or safety of my property. Should I leave any property at the Venue or otherwise in the custody of the Released Parties, I do so at my sole and absolute risk. None of the Released Parties shall have any liability to me or anyone else in the event of loss, damage, destruction or use, whether authorized or not, by any person or theft of any such property.  8. INDEMNIFICATION. I SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, LOSSES, COSTS, DAMAGES, EXPENSES, SETTLEMENTS, JUDGMENTS, CAUSES OF ACTION AND LIABILITIES OF ANY KIND WHATSOEVER, WHETHER FORESEEN OR UNFORESEEN, INCLUDING ATTORNEY’S FEES, IN LAW OR IN EQUITY, ARISING OUT OF OR RESULTING FROM ANY CLAIM RELATED TO MY PARTICIPATION IN THE EVENT, INCLUDING WITHOUT LIMITATION, MY BREACH OF THIS AGREEMENT OR THE EVENT RULES AND POLICIES, ANY INDIVIDUAL I INVITE TO THE Event OR VENUE OR ANY OTHER THIRD PARTY CLAIM RELATED TO THE EVENT.  9. PROMISE NOT TO BRING SUIT. I hereby agree and covenant not to, and shall cause the Releasors not to, bring a claim against, sue, demand compensation from or attach the property or assets of the Released Parties or any of them, for any loss or damage arising or resulting from my participation in the Event or my travel to or from or presence at the Venue, and forever release and discharge the Released Parties or any of them from liability under such claims  10. USE OF MY LIKENESS. I understand that during the Event I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to TT and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.  11. SEVERABILITY and LIMITATION OF LIABILITY. I agree that the purpose of this Agreement is to effect a release of liability as broad and inclusive as is permitted by applicable law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement. In the event any court declares this agreement unenforceable, in whole or in part, or finds that certain claims are outside the scope or contemplation of this agreement, then the undersigned agrees that the combined/aggregate liability of TT and the Released Parties shall not exceed Twenty Thousand Dollars ($20,000).  12. APPLICABLE LAW, FORUM & ATTORNEY’S FEES. This agreement is governed by and shall be construed in accordance with the laws of the state of California, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Activity shall be brought only in the Superior Court of Virginia in Fairfax County, VA and I agree to the jurisdiction and venue of those courts for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the non-prevailing party will pay all attorney’s fees and costs of the parties seeking to uphold the agreement.  13. ACKNOWLEDGMENT OF PARTICIPANT. (a) I UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO THIS AGREEMENT, I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING PUBLICITY RIGHTS, THE RIGHT TO RECOVER DAMAGES IN CASE OF INJURY, DEATH OR DAMAGE TO or LOSS OF PROPERTY. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS.  (b) I HAVE READ THIS ENTIRE AGREEMENT CAREFULLY, AND FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS. I AM PROVIDING MY ACKNOWLEDGMENT AND AGREEMENT THAT I HAVE HAD AN OPPORTUNITY TO CAREFULLY READ THE ENTIRE AGREEMENT AND TO HAVE ANY QUESTIONS ANSWERED TO MY SATISFACTION.  I hereby represent, warrant and covenant to the Released Parties that each of the following is true and accurate:  ● I am at least 18 years of age. I have read this entire Agreement, understand the words and language in this Agreement, and agree to all of the terms and conditions of this Agreement.  ● I am aware of the potential dangers and risks inherent in the Event and the Activities. Despite these risks, I choose to participate. The opportunity to participate is worth more to me than the safety I might enjoy by not participating. I understand that there are no refunds and no chargebacks. If I am physically unable to join or complete the Project, I can apply the money already paid towards other programs offered by the company (“Substitute Programs”). FMM does not guarantee the availability of any particular Substitute Program at any particular time. CONFIDENTIALITY, NON-DISCLOSURE AND NON-COMPETE AGREEMENT THE SQUIRE PROGRAM The undersigned “Participant” makes the promises and representations set forth herein as consideration for the opportunity to participate in the  TT LIVE (the “Event”), presented by True Transformation  I. Trade Secrets. True Transformation has learned, cultivated and/or developed, through the investment of time, money and other resources, business means, methods, strategies, products and services which are used or will be used in connection with the Event (the “Assets”). Additionally, True Transformation has established and developed valuable relationships with individuals and entities who have and will develop, refine and conduct the Event (“True Transformation Relationships”). “The Trade Secrets” include (i) The Assets (ii) TT’s Relationships, (iii) the identities of individuals and businesses in the market or potentially in the market for The Event or similar offerings (“The Customers”) and (iv) other discreet and generally unknown information protected by the Uniform Trade Secrets Act.  II. Necessity to Disclose. In connection with hosting/conducting the Event, FMM will necessarily disclose some of the The Trade Secrets to Participant. Absent the promises set forth in this Agreement, TT’s business interests would be compromised by such disclosure.  III. Restrictions. Therefore, to ensure the protection of and maintain the value of The Trade Secrets, Participant promises not to and shall not (i) disclose The Trade Secrets to anyone, (ii) use The Trade Secrets for Participant’s benefit or for the benefit of another, (iii) explore the possibility of engaging in any business venture with any of The Customers, (iv) enter into a business relationship with any of The Customers; or (v) otherwise misappropriate The Trade Secrets. Participant assumes liability for violation of the confidentiality and similar restrictions contemplated herein by anyone who obtains The Trade Secrets from Participant.  IV. Publication. The restrictions in the foregoing paragraph prohibit, among other things, the sharing of details regarding the Event but do not prohibit Participant from (i) making general statements about the Event, (ii) stating that the Participant attended a high-intensity personal improvement workshop or (iii) referring to the Event by its name.  VI. Other. Participant may disclose The Trade Secrets only after receiving express written consent of TT. Participant agrees that information acquired by Participant prior to the execution of this document shall be considered Trade Secrets, provided same would otherwise constitute Trade Secrets as described above.  V. Any lawsuit or other action arising out of this contract shall entitle the prevailing party to recover attorney’s fees.