TERMS AND CONDITIONS AGREEMENT WITH ZOOMBA

A RELEASE OF LIABILITY AND AN ASSUMPTION OF RISK

The individual who clicked on the “start class” link (referred to herein as "I" or "me") desires to participate in Zoomba, Zoomba-Flex, Zoomba-HIIT, or any other Zoomba classes (the "Activity") provided by Zoomba, a partnership (the "Partnership").

NOW, THEREFORE, in lawful consideration for being permitted by the Partnership to participate in the Activity and the intangible value that I will gain by participating in the Activity, I agree to all the terms and conditions set forth in this agreement ("Agreement"):

ACKNOWLEDGEMENT. I AM AWARE AND UNDERSTAND THAT THE ACTIVITIES MAY BE DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I FURTHER ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE PARTNERSHIP OR OTHERWISE. I VOLUNTARILY ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON’S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR SERIOUS INJURY, PROPERTY LOSS OR DAMAGE, AND/OR DEATH.

EXPRESS WAIVER AND RELEASE. I hereby expressly waive and release any and all claims, now known or hereafter known, against the Partnership, and its officers, agents, affiliates, members, and successors (collectively, "Releasees"), on account of injury, death, or property damage arising out of or attributable to my participation in the Activities, whether arising out of the negligence of the Partnership or any Releasees or otherwise. I covenant not to make or bring any such claim against the Partnership or any other Releasee, and forever release and discharge the Partnership and all other Releasees from liability under such claims.

PUBLICITY WAIVER. I hereby irrevocably permit, authorize, grant, and license Company and its affiliates, successors, and assigns, and their respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the employees, officers, directors, and agents of each and all of them ("Authorized Persons"), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use my name, image, likeness, and appearance, voice, professional and personal biographical information, and other personal characteristics and private information, and all materials created by or on behalf of the Partnership that incorporate any of the foregoing ("Materials") in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created, including but not limited to, in and on magazines, brochures and other print publications, electronic or optical media, display, point-of-sale, and other advertising and promotional materials, press releases, the internet and other digital transmission or delivery methods, including social media and mobile applications, on any platform and for any purpose without further consent from or royalty, payment, or other compensation to me.

INDEMNITY. I agree to defend, indemnify, and hold harmless the Partnership and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interests, awards, penalties, fines, costs, or expenses of whatever kind, including all attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by an indemnified party, arising out of or relating to any claim related to the Activities.

ENTIRE AGREEMENT. This Agreement constitutes the sole and entire agreement of the Partnership and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

SEVERABILITY. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

COMPLIANCE WITH LAW. Each of the Parties covenants and agrees that all of its activities under or pursuant to this Agreement shall comply in all material respects with all applicable laws, rules, and regulations. This Agreement is binding on and shall inure to the benefit of the Partnership and me and their respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in New York, New York and I hereby consent to the exclusive jurisdiction of such courts.

CLICKWRAP AGREEMENT. By clicking “start class” on zoombaparty.com I agree to this Agreement and acknowledge that I read and understood all of the terms of this Agreement. I further agree and understand that I am voluntarily giving up substantial legal rights, including the right to sue the Partnership.