RELEASE OF LIABILITY AND ASSUMPTION OF RISK

You have acknowledged that you desire to participate in the online fitness program (the “Activity”) provided by SENECA MCCUE, LLC (the “Company”) via the Company’s online fitness application commonly known as TRANSFORM | A Strength and Yoga Program (the “Application”).  By engaging in the Activity and/or accessing the Application you are acknowledging your acceptance of the terms of this Release of Liability and Assumption of Risk (the “Release”).  If you do not agree with the terms of this Release, then you are not permitted and should not engage in the Activity and/or access the Application.  In consideration of being permitted by the Company to access the Application, participate in the Activity, and the intangible value that you will gain by participating in the Activity and in recognition of the Company's reliance hereon, you agree to all the terms and conditions set forth in this Release.

1. You are aware and understand that the Activity is a potentially dangerous activity and involves the risk of serious injury, disability, or death. You acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Company employees or others. You understand that the Company cannot guarantee that you will not be injured during my participation in the Activity.  NOTWITHSTANDING THESE RISKS, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY ACCESSING THE APPLICATION AND PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. YOU HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, AND/OR DEATH, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

1. You hereby expressly waive and release any and all claims, now known or hereafter known, against the Company and its officers, directors, manager(s), employees, agents, shareholders, members, successors, and assigns (collectively, “Releasees”) on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, or financial loss arising out of or attributable to you accessing the Application or participating in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. You covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.

1. You confirm that you are in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Activity. I will comply with all federal, state, and local laws, orders, directives, and guidelines when accessing and/or using the Application. You will also follow all instructions, recommendations, and cautions of the Company at all times while accessing and/or using the Application or during the Activity. If at any time you believe conditions to be unsafe or that you are no longer in proper physical condition to participate in the Activity, you will immediately discontinue further participation in the Activity.  You acknowledge that the Company is relying on these statements to allow you to participate in the Activity and to access and/or use the Application.

1. You shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers incurred by the Company or any other Releasees arising out of or resulting from any claim of a third party related to your accessing and/or using the Application or participating in the Activity.

1. You hereby consent to receive medical treatment deemed necessary if you are injured or require medical attention during your participation in the Activity. You understand and agree that you are solely responsible for all costs related to such medical treatment and any related medical transportation. You hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.

1. This Release constitutes the sole and entire agreement of the Company and you with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and you and our respective successors and assigns. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in Wake County, North Carolina and you hereby consent to the exclusive jurisdiction of such courts.