Waivers

Release, Waiver, and Assumption of Risk Agreement
and
Consent to Capture and Use Personal Information

RELEASE, WAIVER AND ASSUMPTION OF RISK AGREEMENT

This Release, Waiver and Assumption of Risk Agreement (this “Agreement”) is made as of the date set forth below the undersigned’s signature (the “Effective Date”), by the undersigned (“Client”), with reference to the following facts: Machina Cognita Technologies, Inc., a California corporation (“Company”), operates a sports training facility at 737 Windy Point Dr, San Marcos, CA where participants such as Client are invited to engage in sports training (the “Activities”), and Client desires to engage in the Activities, acknowledges that a degree of risk to person and property exists in connection with the Activities, and agrees that Company shall be held harmless and not liable for any liability or loss that may arise from or in connection with the Activities, pursuant to the terms hereof.

Now, Therefore, in consideration of engaging in the Activities, and for other good and valuable consideration, Client hereby knowingly, voluntarily and freely agrees as follows:

  1. Assumption of Risk. Client understands that the Activities carry certain risks that cannot be eliminated regardless of care taken to avoid injuries or damage. Such risks may include, without limitation, personal injury, death, or property damage resulting from any number of causes, including, without limitation, accidents, the malfunctioning or improper use of Company’s equipment, personal ailments, lack of hydration, actions of other people including, but not limited to, participants and Company agents, and/or criminal conduct. In executing this Agreement, Client hereby expressly assumes all risks that may arise from the Activities and agrees forever to indemnify, defend and hold Company harmless from all losses arising from or relating to such risks.

  2. Release of Claims. Client does hereby and forever fully waive, release and discharge Company and its officers, directors, shareholders, agents, partners, affiliates, attorneys, successors, insurers, representatives, employees, contractors and assigns (“Released Parties”) from any and all claims, losses, causes of action, demands, liabilities and obligations (“Claims”), both known and unknown, that arise out of or are in any way related to Client’s participation in the Activities, including, without limitation, any Claim of personal injury, wrongful death, or property damage resulting from Client’s participation in the Activities, including, without limitation, to the extent any such Claim arises from the negligence of a Released Party. Client understands that this provision shall operate as a covenant not to sue.

  3. Indemnification by Client. Client shall indemnify, defend and hold harmless the Released Parties from any Claim that may accrue to any third party as a result, directly or indirectly, of Client’s participation in the Activities, and shall indemnify, defend and reimburse the Released Parties for any and all loss, liability, damage or cost (including attorneys’ fees and costs) incurred as a result of Client’s participation in the Activities.         

  4. Section 1542 Waiver. In executing this Agreement, which covers Claims which may be unknown to Client at present, Client hereby acknowledges that Client has read and understands Section 1542 of the Civil Code of the State of California, which reads as follows:  “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party.” Client hereby expressly waives and relinquishes all rights and benefits under Section 1542 and any law or legal principle of similar effect in any jurisdiction with respect to Claims released hereby.

  5. Client Representations. Client certifies that Client is physically fit, has sufficiently prepared or trained for participation in the Activities, and has not been advised by a qualified medical professional to not participate. Client certifies that he or she has adequate health insurance to cover any injury that Client may suffer. Client certifies that there are no health-related reasons or problems which preclude Client’s participation in the Activities. Client consents to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during the Activities. Client understands that while participating in Activities, Client may be photographed or videotaped. Client will allow Client’s photo, video, or film likeness to be used for any legitimate purpose by Company.

  6. Term.  This Agreement and Client’s and Company’s respective rights and obligations hereunder shall remain valid, enforceable and applicable to all future visits by Client of Company’s facility. Client understands that this Agreement extends forever into the future and will have full force and legal effect each and every time Client visits Company’s facility.

  7. Miscellaneous.  This Agreement will bind the successors and assigns of Client, and inure to the benefit of Company and its successors and assigns. If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, this determination will not affect any other provision of this Agreement, and the provision in question will be modified so as to be rendered enforceable.  This Agreement will be deemed to have been entered into and will be construed and enforced in accordance with the laws of the State of California. This Agreement may not be modified except in a writing signed by Client and Company.

 

 

CONSENT TO Capture and Use PERSONAL INFORMATION

This Consent to Capture and Use Personal Information (this “Agreement”) is made as of the date set forth below the undersigned’s signature (the “Effective Date”), by the undersigned (“Client”), with reference to the following facts: Machina Cognita Technologies, Inc., a California corporation (“Company”), operates a sports training facility at 737 Windy Point Dr, San Marcos, CA where participants such as Client are invited to engage in sports training, and Company intends to collect and use certain personal information from participants including Client.

Now, Therefore, in consideration of using Company’s sports training facility, and for other good and valuable consideration, Client hereby knowingly, voluntarily and freely agrees as follows:

  1. Consent to Capture and Use Personal Information. Client hereby grants Company, its directors, officers, employees, agents, and designees (collectively “MCT”) permission to capture Client’s image and likeness, height, weight, pose information (joint location), and heart rate (collectively, “Personal Information”) in videotapes, still imagery, and/or any other media. Client acknowledges that MCT will own such Personal Information and shall have the right to copyright, display, publish, distribute, sell, use, modify, print and reprint such Personal Information for any purpose whatsoever, including, without limitation, for testing, research and analysis purposes and for commercial purposes, including, without limitation, to train Artificial Intelligence models for use in training tools. Client further waives any right to inspect or approve the use of the Personal Information by MCT prior to its use. Client forever releases and holds MCT harmless from any and all liability arising out of the use of the Personal Information in any manner or media whatsoever, and waives any and all claims and causes of action relating to use of the Personal Information, including, without limitation, claims for invasion of privacy rights or publicity.

  2. Miscellaneous.  This Agreement will bind the successors and assigns of Client, and inure to the benefit of Company and its successors and assigns. If any provision of this Agreement is determined to be invalid or unenforceable, in whole or in part, this determination will not affect any other provision of this Agreement, and the provision in question will be modified so as to be rendered enforceable.  This Agreement will be deemed to have been entered into and will be construed and enforced in accordance with the laws of the State of California. This Agreement may not be modified except in a writing signed by Client and Company.

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