RELEASE OF LIABILITY

Mallard Xperience LLC dba Energy Xperience Fitness

In exchange for participation in the activity of Fitness Group Training organized by Mallard Xperience LLC,
of 3275 North Point Parkway, Alpharetta, Ga 30005 and/or use of the property, facilities and services of
Mallard Xperience LLC, I agree for myself and (if applicable) for the members of my family, to the
following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and
warnings, and further agree to follow any oral instructions or directions given by Mallard Xperience LLC, or
the employees, representatives or agents of Mallard Xperience LLC.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks
associated with the above described activity and I assume full responsibility for personal injury to myself
and (if applicable) my family members, and further release and discharge Mallard Xperience LLC for injury,
loss or damage arising out of my or my family's use of or presence upon the facilities of Mallard Xperience
LLC, whether caused by the fault of myself, my family, Mallard Xperience LLC or other third parties.
3. INDEMNIFICATION. I agree to indemnify and defend Mallard Xperience LLC against all claims,
causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs,
which may in any way arise from my or my family's use of or presence upon the facilities of Mallard
Xperience LLC.
4. FEES. I agree to pay for all damages to the facilities of Mallard Xperience LLC caused by any negligent,
reckless, or willful actions by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall
be resolved under Georgia law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and
that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge
that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and
acknowledge that Mallard Xperience LLC has offered to refund any fees I have paid to use its facilities if I
choose not to sign this Agreement.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's
length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of
this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any
legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a
particular party based upon their status as the drafter of a specific term, language, or provision giving rise to
such ambiguity.
9. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether
standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or
enforceability of any other provision of this Agreement or of any other applications of such provision, as the
case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
10. EMERGENCY CONTACT. In case of an emergency, please call _________________ (Relationship:
_________________) at _________________
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT
BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.

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