Assumption of Risk, Waiver of Liability, Release and Indemnity

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This is a legal document. By signing it electronically you give up substantial legal rights, including the right to sue OnyxTrue Holding LLC for injuries caused by its ordinary negligence. Do not sign it if you do not understand it or do not agree with it.

In this document, "Releasees" means OnyxTrue Holding LLC, doing business as Evolve First, and each of its owners, officers, directors, members, managers, employees, independent contractors, agents, representatives, volunteers, affiliates, insurers, successors, and assigns.

1. Voluntary participation

I am participating in Evolve First challenges entirely voluntarily. Nobody is requiring me to do this. I am free to stop any day, any repetition, any challenge, at any moment, for any reason or no reason, with no penalty of any kind.

2. What the challenges involve

I understand that Evolve First challenges may include, without limitation:

• High-volume bodyweight exercise, including hundreds or thousands of push-ups, burpees, squats, and similar repetitions over days or weeks.
• Running, walking, hiking, and rucking outdoors, on roads, trails, tracks, stairs, and in traffic, in heat, cold, rain, ice, darkness, and poor air quality.
• Jumping, landing, plyometrics, depth jumps, and basketball activity, including on hard surfaces.
• Weight training, loaded carries, and carrying a weighted pack or vest.
• Deliberate cold-water exposure, including cold showers.
• Significant changes to fluid intake, diet, sugar consumption, alcohol consumption, sleep, and daily routine.
• Long-duration challenges with strict daily requirements and rules that restart the count if a day is missed.
• Activity performed unsupervised, alone, at home, outdoors, or in a gym, without any professional present.

3. The risks I am accepting

I understand that these activities are inherently dangerous and that the risks cannot be eliminated. I have been informed of and accept the risk of, among others:

• Sprains, strains, tears, dislocations, fractures, tendon and ligament damage, and overuse injuries.
• Exertional rhabdomyolysis — a serious and potentially fatal breakdown of muscle tissue that can follow unusually high-volume or unaccustomed exercise, causing severe muscle pain, swelling, weakness, dark urine, and kidney failure.
• Heart attack, cardiac arrest, stroke, arrhythmia, and other cardiovascular events, including in people with no known heart condition.
• Heat exhaustion, heat stroke, dehydration, and hyponatremia (dangerously low blood sodium from drinking excessive water).
• Hypothermia, cold shock response, and fainting associated with cold-water exposure.
• Falls, collisions with vehicles, bicycles, animals, or objects, and assault or crime while training outdoors or alone.
• Equipment failure, unsafe surfaces, weather, and hazards of any location I choose to train in.
• Aggravation of any pre-existing condition, known or unknown.
• Psychological and emotional effects, including compulsive or disordered exercise or eating patterns, particularly on long or restrictive challenges.
• Serious permanent disability, paralysis, and death.

I understand this list is not complete and that there are risks that are not listed and risks that are not foreseeable, and i accept all of them.

4. My health

I represent and warrant that I am in good physical and mental health and have no medical condition, impairment, injury, or limitation that would make participation unsafe for me. I have been advised to consult a physician before beginning any challenge, and I have either done so or have freely chosen not to, accepting full responsibility for that choice.

I understand that Evolve First has not reviewed my health, my history, or my capacity, has no ability to do so, and is relying entirely on my representations. I will stop participating and seek medical attention if my health changes or if I experience any warning symptom described in the Safety Rules.

5. Assumption of all risks

I knowingly, freely, and voluntarily assume all risks of participation, both known and unknown, whether caused by the ordinary negligence of the releasees or otherwise, and i accept full and sole responsibility for any injury, illness, disability, death, or property loss i suffer.

6. Release and waiver of claims

In consideration of being permitted to participate, i, for myself and for my heirs, executors, administrators, personal representatives, and assigns, hereby release, waive, discharge, and covenant not to sue the releasees from and against any and all claims, demands, actions, causes of action, liabilities, damages, costs, and expenses of any kind — including those for personal injury, illness, disability, death, and property damage — arising out of or in any way related to my participation in any evolve first challenge or my use of the service, whether caused in whole or in part by the ordinary negligence of the releasees or otherwise, to the fullest extent permitted by the law of Louisiana.

I understand that this release does not apply to conduct that the law of Louisiana does not permit to be released, such as gross negligence, recklessness, or wilful or intentional misconduct, and that if any part of this release is held unenforceable the remainder stays in full force.

7. Covenant not to sue

I agree not to bring, and to cause my heirs and representatives not to bring, any claim, suit, or demand against any Releasee for any matter released above. If I do, I agree to pay the Releasees' costs and reasonable attorneys' fees incurred in defending it, to the fullest extent permitted by law.

8. Indemnification and hold harmless

I agree to indemnify, defend, and hold harmless the Releasees from any claim, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) brought by me, by any minor I permit to participate, or by any third party, arising out of my participation, my use of the Service, my conduct toward any other person, or my breach of these terms.

9. Parental consent and waiver for a minor

This section applies only if I permit a person under 18 (a "Minor") to participate alongside me in a family, partner, or crew challenge.

I certify that I am the parent or legal guardian of the Minor and have full legal authority to sign on the Minor's behalf. I have read this entire agreement with the Minor's participation in mind.

On behalf of myself and the minor, i assume all risks of the minor's participation, release and waive all claims against the releasees to the fullest extent permitted by law, and agree to indemnify, defend, and hold the releasees harmless from any claim brought by or on behalf of the minor, including any claim brought by the minor after reaching the age of majority.

I accept sole responsibility for supervising the Minor at all times, for judging whether each day's activity is appropriate for that Minor's age, size, and development, for modifying or skipping anything I judge unsafe, and for stopping immediately if the Minor is in distress. I will not enter the Minor's name, image, contact details, or health information anywhere in the Service.

10. No supervision, coaching, or monitoring

I understand and agree that Evolve First does not supervise, observe, monitor, coach, instruct, correct, spot, screen, or evaluate me or my performance at any time; does not know where or how I am training; and cannot and will not respond to an emergency. Nobody is watching. Responding to my own body is entirely my job.

11. Emergencies

In an emergency I will call local emergency services. I understand Evolve First has no ability to summon help for me and no duty to do so, and that logging or failing to log a day in the Service does not alert anyone to a medical problem.

12. Media and finisher content

If I voluntarily submit a photograph, video, quotation, or testimonial to Evolve First, I grant Evolve First a perpetual, worldwide, royalty-free licence to use it, and my first name, to promote Evolve First, without further approval or compensation. I do not have to submit anything, and I may ask Evolve First to stop using it going forward at any time by writing to evolve@evolve-first.com.

13. Governing law, severability, and entire agreement

This agreement is governed by the laws of the State of Louisiana. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and every remaining provision stays in full force. This agreement, together with the Membership Terms of Service, is the entire agreement between me and Evolve First on this subject and supersedes any prior statement, whether written or oral.

14. Acknowledgment

I have read this entire agreement. i understand that i am giving up substantial legal rights, including the right to sue. i understand that i am signing it freely and voluntarily, without any inducement or assurance of any kind, and i intend my electronic signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.

My electronic signature — my typed full legal name together with the date and time recorded by the Service — has the same force and effect as a handwritten signature.