WARNING: READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE ENRG PERFORMANCE AND RELATED PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY. SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT. WAIVER, RELEASE, INDEMNIFICATION AND COACHING AGREEMENT This agreement is for the benefit of eNRG Performance, LLC, a Colorado limited liability company (“eNRG Performance”), and the Released Parties (as defined in Paragraph 5 below), and is entered into by the individual athlete whose name appears at the beginning of this form concerning the Program as described below: Title and Description of the Program: The eNRG Performance training program is designed to increase the health, fitness and performance of endurance athletes (collectively, the “Program”).Athlete, an endurance athlete in good health and physical condition, represents and warrants that Athlete has been released by a licensed medical doctor to participate in strenuous physical activity and the Program. Athlete desires to participate in the Program in order to train for endurance events and competitions. In consideration of being accepted as a client of eNRG Performance and to participate in the Program, individually, and on behalf of any heirs, personal representatives, assigns, family, next of kin, beneficiaries, agents, successors and assigns (hereafter, collectively, “Athlete”) acknowledge and agree as follows: Payment. As consideration for participation in the Program, Athlete hereby agrees to pay eNRG Performance the agreed monthly coaching fee as discussed with his/her eNRG Performance coach. Athlete agrees to pay the Monthly Coaching Fee on the first day of each month. In extraordinary circumstances, eNRG Performance, at its sole option, may approve a five-day grace period for payment of the Monthly Coaching Fee. If eNRG Performance does not receive a payment of the Monthly Coaching Fee on the first day of the month (or the fifth day of the month if eNRG Performance has approved a grace period), then Athlete hereby agrees to pay to eNRG Performance additional fees in the amount of ten (10) percent of the monthly coaching fee due in the next month’s payment. Acknowledgement of Risk. Athlete understands and acknowledges that training for and participating in an endurance event is an extreme test of a person’s physical and psychological limits and, therefore, participating in the Program has inherent risks, hazards and dangers that may result in ACCIDENT, ILLNESS, PHYSICAL INJURY, DEATH, PROPERTY DAMAGE, or other HARM or DAMAGE. Athlete understands and acknowledges that there may be unexpected risks and dangers associated with the sport of triathlon or otherwise resulting from participation in the Program which he or she may not be presently aware or which cannot be predicted or controlled. Assumption of Risk and Responsibility. Notwithstanding and recognizing all of the risks, inherent or otherwise, associated with the Program, Athlete HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF ACCIDENT, ILLNESS, PHYSICAL INJURY, DEATH, PROPERTY DAMAGE, and all HARM or DAMAGE (collectively “Injury”), whether known or unknown, arising out of or related to the Program(s) however caused even if caused by the NEGLIGENCE OR CARELESSNESS OF eNRG Performance, Released Parties, or otherwise, including, without limitation, the risks and inherent or unexpected dangers associated with endurance events. Athlete further assumes full responsibility for any Injury resulting from any known or unknown medical or physical condition of Athlete. Release of eNRG Performance’s Duty to Protect Athlete. ATHLETE EXPRESSLY RELEASES eNRG PERFORMANCE AND RELEASED PARTIES FROM ANY DUTY TO PROTECT HIM OR HER FROM INJURY OF ANY KIND, and agrees that even if eNRG Performance or Released Parties chooses to implement safety procedures, such actions shall not alter the fact that Athlete has released eNRG Performance and Released Parties from any duty to protect Athlete. General Release, Waiver and Covenant Not to Sue. ATHLETE EXPRESSLY AND FOREVER GENERALLY RELEASES, WAIVES, DISCHARGES, HOLDS HARMLESS AND COVENANTS NOT TO SUE: eNRG Performance and all other individuals or entities associated with the Program including, without limitation, coaches, sponsors, other Athletes, consultants, volunteers, and each of their respective owners, directors, officers, members, managers, employees, agents, affiliates, volunteers or representatives (collectively, the “Released Parties”), FROM ANY AND ALL INJURY, LIABILITY, LOSS, DAMAGE, CLAIM OR DEMAND OF ANY KIND ARISING OUT OF OR RELATED TO THE PROGRAM AT ANY TIME WHETHER CAUSED OR CONTRIBUTED TO BY THE NEGLIGENCE OR BREACH OF WARRANTY OF THE RELEASED PARTIES, ATHLETES, THIRD PARTIES, OR OTHERWISE (“Claims”). Athlete acknowledges and agrees that the aforesaid release is intended to apply to any and all Claims that Athlete may have. Athlete covenants not to sue any of the Released Parties in connection with any Claim. Athlete agrees that the covenants and undertakings of this release, waiver and covenant not to sue shall be binding upon him or her and any and all heirs, personal representatives, assigns, family, next of kin, beneficiaries, agents, successors and assigns. Indemnification. Athlete hereby indemnifies, saves and holds harmless eNRG Performance and the Released Parties from any Claim arising out of or related to the Program. Scope of General Release, Waiver and Covenant Not to Sue and Indemnification/Enforceability. Athlete hereby agrees that the general release, waiver of liability, covenant not to sue and indemnification extends to all acts of eNRG Performance and the Released Parties including any negligence and is intended to be as broad and inclusive as is permitted by law. Athlete understands that the Program may be conducted in multiple locations located in various jurisdictions. It is intended that all terms of this general release, waiver of liability, covenant not to sue and indemnification control despite any particular statute or law that would otherwise protect Athlete. Athlete understands that portions of this Agreement may be held invalid or unenforceable, but agrees that it is Athlete’s intent that this Agreement be enforced fully. Athlete hereby agrees that if any portion of this Agreement is held invalid or unenforceable, the remainder of the Agreement shall remain in full legal force and effect. Termination. Athlete hereby agrees that this Agreement may be terminated without cause by Athlete or eNRG Performance with thirty (30) days written notice. Protection of Confidential Information. Athlete hereby acknowledges, understands and agrees that whether developed by Athlete or other person employed or associated with eNRG Performance as a consultant, all Confidential Information is the exclusive and confidential property of eNRG Performance and shall be at all times regarded, treated and protected as such. For purposes of this Agreement, the term “Confidential Information” shall mean information, whether or not originated by eNRG Performance that is used in eNRG Performance’s business and (i) is proprietary to, about or created by eNRG Performance; (ii) gives eNRG Performance some competitive business advantage or the opportunity of obtaining such advantage, or the disclosure of which could be detrimental to the interests of eNRG Performance; (iii) is designated as Confidential Information by eNRG Performance, or from all the relevant circumstances should reasonably be assumed by Athlete to be confidential and proprietary to eNRG Performance; or (iv) is not generally known by non-eNRG Performance personnel. Such Confidential Information includes, but is not limited to, the following types of information and other information of a similar nature (whether or not reduced to writing or designated as being confidential): all processes, techniques, training programs, trade secrets, tools and procedures and know-how relating to the Program.