Release and Waiver of Liability and Indemnity Agreement

In consideration of being permitted to participate in any way in the Ken Rawlins Fitness and/or Nutritional Counseling Program, and being permitted to enter for any purpose any restricted area (herein defined as any area where in admittance to the general public is prohibited), you agree:

1. You will inspect facilities and equipment to be used, and if you believe anything is unsafe, you should immediately refuse to participate.

2. You fully understand and acknowledge that:

(a) There are risks and dangers associated with participation in the Ken Rawlins Fitness and/or Nutritional Counseling Program, and such activity could result in illness, bodily injury, partial and/or total disability, paralysis and death.

(b) The social and economic losses and/or damages, which could result from these activities could be severe.

(d) There may be other risks not known or foreseeable at this time.

3. You accept and assume such risks and responsibility for the losses and/or damages following such illness, injury, disability, paralysis, or death, however caused and whether caused in whole or in part by you or others.

4. You hereby release, waive, discharge and covenant not to sue Ken Rawlins or his affiliates (herein defined as owners, managers, promoters, lessees of premises used to conduct the activity, consultants, and others who give recommendations, directions or instructions to engage in risk evaluation) from all liability to you (including your representatives, assigns, executors, heirs and next of kin) for any and all claims, demands, losses or damages and any claims or damages therefore on account of any injury, including but not limited to the personal injury or death of the participant arising out of or relating to the event(s) caused or alleged to be caused in whole or in part by the negligence of Ken Rawlins and/or his affiliates.

5. You agree that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of California and if any portion is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

6. You agree that if despite this release, you make a claim against Ken Rawlins and/or his affiliates then you will reimburse Ken Rawlins and/or his affiliates for legal defense costs including court fees and reasonable attorney fees.

7. You agree that when you check the box to agree to this agreement, that you will have given up substantial rights and have checked the box freely and voluntarily without any inducement, assurance or guarantee being made to you and intend your action of checking the box to be a complete and unconditional release of all liability to the greatest extent allowed by law.