Liability Release Agreement

Please read this LIABILITY RELEASE AGREEMENT (this "Agreement") carefully before accessing or using the websites www.fitntone.com and www.cyberfit360.com and their respective affiliated websites and any mobile applications relating to the aforementioned websites (each such website and mobile application, individually and collectively, referred to herein, as the "Site"). By accessing or using the Site, or by choosing "Yes" during the enrollment process, you agree to be bound by this Agreement and the statements that you make below. We provide the information and services on the Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices.

Liability Release Agreement (Individual)

I hereby accept all risks associated with my training and nutrition program and release and forever discharge Fit N' Tone, Inc., the creator of CyberFit360™, and its predecessors, successors, licensors, beneficiaries and/or affiliates (including, but not limited to, CyberFit 360, Inc.) (collectively, the "COMPANY") and their respective heirs, directors, officers, agents, employees, representatives, successors and assigns, administrators, executors, independent contractors and all others ("RELEASEES") from any and all responsibilities or liability from injuries or damages resulting from or connected with my participation in any of the Site's training and nutrition programs whether arising from the negligence of the RELEASEES or otherwise.

1. I acknowledge and fully understand that I will be engaging in training activities that potentially involve the risk of serious injury or possibly permanent disability and death, and severe social and economic losses which might result not only from my own actions, inactions, or negligence, but the actions, inactions, or negligence of others, the condition of the premises or any equipment. Further, I acknowledge and fully understand that there may be other risks not known or not reasonably foreseeable at this time.
2. I further acknowledge and understand that the COMPANY and its employees, trainers and independent contractors are not licensed dietitians (other than the COMPANY's registered dietitians) and that any nutritional information or guidelines provided by the COMPANY or the Site carries no warranty of any kind, express or implied, including but not limited to warranties regarding safety or suitability for a particular purpose.
3. I hereby assume full responsibility for all the foregoing risks, known and unknown, and accept responsibility for the damages following any injury, permanent disability, or death.
4. I shall indemnify and hold RELEASEES harmless from any and all claims (including any and all defense costs and attorneys' fees) arising out of any bodily injury or death of any person, or damage to any property, to the extent caused by my negligence, gross negligence, fraud or willful misconduct.
5. I acknowledge and understand that insurance coverage maintained by the COMPANY is excess coverage and begins after the exhaustion by me of all other insurance coverage for which I may be eligible, including but not limited to exhaustion of all insurance coverage provided by my personal trainer or his/her company and/or workout facility.
6. I hereby consent to allow my name, image, likeness and/or voice to appear in publications, official documentaries, promotional materials, and advertisements, and any and all television, radio or film coverage of the COMPANY or the Site in any manner incidental to my participation in the exercise and nutrition program, without compensation.

This Agreement specifically embraces each and every event, activity or purchase sanctioned by said RELEASEES, and has the same effect as if executed after each and every sanctioned event, activity or purchase in which I participate so that the parties herein intending to be released shall be fully and effectively released as to each and every sanctioned event, activity or purchase.

The COMPANY and the Site cannot guarantee that its products or workouts will be safe, effective or suitable for everyone. For that reason, all such products and services, and the programs, techniques and materials embodied in such products and services, are offered without warranties or guarantees of any kind, express or implied, and the COMPANY and Site disclaim any liability, loss or damages that may result from their use.

The Site is owned and operated by the COMPANY.