CONSENT, WAIVER, RELEASE, CONFIDENTIALITY, AND NON-DISCLOSURE AGREEMENT FOR THE “SEEKERS OF POWER” FUDOG GROUP IN-PERSON EVENT 

This Waiver, Release, Confidentiality, and Non-disclosure Agreement (hereinafter the “Agreement”), between FUDOG GROUP, LLC “Service Provider”) and “Participant” applies to the Seekers of Power in-person event for members and ticket-holders on September 14-16, 2023 and for Legacy members on September 17, 2023). 

WHEREAS, Service Provider provides, among other things, life-focused coaching and training services for individuals in and around the United States of America and certain foreign territories; (the “Services”); 

WHEREAS, Participant is registered to take part in one or more events that Service Provider may conduct in person, for Participant’s benefit and convenience; 

WHEREAS, at the event, Participant will have the choice to voluntarily participate in “Activities” including but not limited to: fire walking; fire eating; fire ball handling; glass walking; ice bath in the winter; board breaking; arrow breaking; foam sword fighting; wooden sword or stick sparring; trust fall off steps; strength endurance with heavy object above head or chest; fighting with boxing gloves. 

WHEREAS, Service Provider agrees to provide such certain Services to Participant, but also desires to maintain a certain level of protection of such proprietary information constituting, in whole or in part, the Services provided including but not limited to strategic life planning, personal growth and transformation, and goal-setting and action-planning in topics including spiritual, mental, physical, emotional, and relational wellbeing, both verbal and written including without limitation of strategies, tactics, methodologies, tools, systems, processes, resources, templates, and other data or insight of Service Provider (the “Confidential Information”); ​

WHEREAS, before divulging any Confidential Information or providing other information in furtherance of providing the Service or such other matters as may be, Service Provider desires that the Participant enter into this Agreement. 

NOW, THEREFORE, it is hereby agreed as follows: 

1. Confidentiality of Intellectual Property. All information furnished by Service Provider to the Participant, whether furnished before or after the date hereof, whether by Virtual Training methods or live and in-person, whether oral or written, and regardless of the manner it is provided, is referred to in this Agreement as Confidential Information. The Participant hereby agrees (i) to keep all Confidential Information confidential and not to disclose or reveal any such Confidential Information to any person; (ii) not to conduct or carry out any business or provide any services similar to Service Provider based upon the Confidential Information (“Non-Compete”); (iii) it shall not disclose to any person any material information about the Confidential Information or any other matters relevant hereunder without the express prior written authorization from the Service Provider. Participant’s obligations concerning the non-disclosure of the Confidential Information shall survive the termination or expiration of this Agreement. The Participant shall be solely responsible for any breach of the terms of this Agreement and Participant agrees to indemnify, defend and hold harmless Service Provider from any and all costs, expenses, losses or liabilities (including, without limitation, attorneys’ fees and costs to defend), directly or indirectly arising out of a breach of this Agreement and any obligations hereunder. 

2. Due diligence. Participant acknowledges that Service Provider makes no express or implied representations or warranty as to the accuracy or completeness of any Confidential Information, and Participant agrees that Service Provider shall have no liability to Participant relating to or arising from Participant’s use of such Confidential Information, or for any errors or omissions therefrom. Participant hereby releases Service Provider from any and all claims, demands, causes of action, losses, damages, liabilities, costs or expenses (including attorneys’ fees) asserted against, or incurred by, Participant by reason of either’s reliance on the Confidential Information. The Participant acknowledges that the Service Provider does not provide legal, medical, financial, physical, emotional, or relationship advice. The Participant agrees to conduct their own due diligence and consult with licensed professionals before implementing the Confidential Information. 

3. RELEASE AND WAIVER OF LIABILITY. PARTICIPANT IS AWARE AND UNDERSTANDS THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. PARTICIPANT ACKNOWLEDGES THAT ANY INJURIES THAT PARTICIPANT SUSTAINS MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF FUDOG GROUP LLC AND ITS OFFICERS, EMPLOYEES AND REPRESENTATIVES (THE “RELEASED PARTIES”). NOTWITHSTANDING THE RISK, PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT IS VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE AND AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE. ​PARTICIPANT HEREBY EXPRESSLY WAIVES AND RELEASES ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE RELEASED PARTIES ARISING OUT OF OR ATTRIBUTABLE TO THE ACTIVITIES, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE. PARTICIPANT COVENANTS NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE RELEASED PARTIES, AND FOREVER RELEASES AND DISCHARGES THE RELEASED PARTIES FROM LIABILITY UNDER SUCH CLAIMS. ​PARTICIPANT SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEY FEES, FEES, THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS RELEASE, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, ARISING OUT OF OR RESULTING FROM ANY CLAIM OF A THIRD PARTY RELATED TO PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES. 

4. Permission to record. PARTICIPANT SHALL ALLOW THE SERVICE PROVIDER TO RECORD PARTICIPATION: Participant understands that the Service Provider may choose to record audio, video and/or photograph participant’s participation in the Training during the training (collectively, “Recordings”). Participant consents to the Service Provider’s use of participant’s name, image, likeness, appearance, statements, testimonials, content, anything participant may say or show, and general participation, in whole or in part, in any such Recordings, materials and testimonials Participant gives the Service Provider, or other derivative materials based on them, in any format now known or devised in future, in any geographic location, and participant understands that the Service Provider will have the right to use the Recordings for educational, promotional and commercial applications, including but not limited to “for sale” products. The Service Provider has no obligation whatsoever to use all or any part of Recordings or review the Recordings with participant, and may edit any Recordings at their sole discretion. Participant agrees that the Service Provider shall own all rights, title and interest, including copyrights, in and to such Recordings, with worldwide rights to reproduce, distribute, prepare derivative works based on, publicly perform and display, advertise, publicize your participation in such Recordings, and use such Recordings in their sole discretion, without any input from participant, or compensation or credit to participant. Participant acknowledges that although Service Provider make this request, they are not legally responsible for students that might break this guideline. Participants are not entitled to any profit or revenue made by Service Provider by use of any of the materials referenced in this Agreement. 

5. COVID-19. Participant acknowledges that Service Provider has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19. Participant further acknowledges that Service Provider cannot guarantee that participant will not become infected with the Coronavirus/Covid-19. Participant acknowledges that they must comply with all set procedures to reduce the spread while attending Training. Participant attests that they are not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell. Participant does not believe that they have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19. Participant has not been diagnosed with Coronavirus/Covid-19 and not yet cleared as non-contagious by state or local public health authorities. Participant agrees that they are following all CDC recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19. 

6. Breach of agreement. Without prejudice to the rights and remedies otherwise available, Service Provider shall be entitled to equitable relief by way of injunction or otherwise if Participant breaches or threatens to breach any provision of this Agreement. 

7. Jurisdiction. The Parties hereto agree that the laws of the State of New Jersey, excluding its conflict-of-law rules, shall govern this Agreement and all controversies or Claims arising out of or relating to this Agreement or the breach thereof, including all claims concerning the Confidential Information. Additionally, the Parties agree to submit all claims or controversies and all legal proceedings related to this Agreement in any manner to the jurisdiction of, and agree that venue is proper in, the Superior Court, Law Division, in Middlesex County in the State of New Jersey. Furthermore, at the sole discretion of the Service Provider, the Service Provider may elect to choose as the venue of choice, the home jurisdiction of the Participant, or the Superior Court, Law Division, in Morris County in the State of New Jersey. The parties hereto hereby waive the right to a trial by jury with respect to any litigation arising out of or in connection with this Agreement.

IN WITNESS WHEREOF, this Agreement has been duly executed and delivered by the Participant and a representative of the Service Provider.