Benchmark summer challenge terms & conditions

Effective Date: 05/01/2025

BENCHMARK BODY METRICS — SUMMER FITNESS CHALLENGE

We’re thrilled to have you participate in our summer challenge. Our goal is to help you develop healthy habits, have fun, and maybe even surprise yourself a bit by what your body is capable of doing.

Please read the terms below.

ASSUMPTION OF RISK • RELEASE OF LIABILITY • INDEMNITY AGREEMENT

PLEASE READ CAREFULLY. By checking the box below, I (“Participant”) agree as follows:

    1.    Voluntary Participation & Fitness to Participate

    I choose to enter the Benchmark Body Metrics Summer Fitness Challenge (“Challenge”) voluntarily and certify that I am in good health or have consulted a physician regarding participation.

    2.    Acknowledgment of Risks

    I understand the Challenge may include vigorous physical activities such as running, cycling, strength training, and other exercises that carry inherent risks of injury, illness, property damage, or death.

    3.    Assumption of Risk

    I knowingly and freely assume all inherent and ordinary risks associated with my participation, whether arising from my own actions, the actions of others, premises conditions, equipment, or weather.

    4.    Release & Waiver of Liability

    In consideration of being allowed to participate, I **release, waive, and forever discharge Benchmark Body Metrics, its owners, officers, employees, volunteers, sponsors, and affiliates (“Released Parties”) from any and all claims, demands, or causes of action for ordinary negligence arising out of or related to my participation in the Challenge. This release does not apply to gross negligence, willful misconduct, or any non‑waivable statutory duty.

    5.    Indemnification

    I agree to indemnify and hold harmless the Released Parties from any loss, liability, or expense (including attorneys’ fees) arising from my actions or breach of this Agreement.

    6.    Medical Consent

    If I suffer injury or illness, I authorize emergency medical care and accept financial responsibility for all related costs.

    7.    Media Release

    I grant Benchmark Body Metrics permission to photograph, film, or otherwise record my participation and to use my likeness for lawful promotional purposes without compensation.

    8.    Governing Law & Dispute Resolution

    This Agreement is governed by Utah law. Any dispute shall be resolved by binding arbitration in Salt Lake County, Utah, under the Commercial Rules of the American Arbitration Association.

    9.    Severability

    If any provision is held unenforceable, the remaining sections remain in full force.

    10.    Certification of Age & Electronic Signature

    I certify that I am at least eighteen (18) years old, have read this Agreement in full, understand its terms, and sign it freely and voluntarily by checking the box on the previous page.

    11.    Agree to have fun

    I certify that I will make the best attempt possible to have fun and enjoy the Summer Challenge. I care about my body, I want to live a healthy, high quality life enriched with quality experiences and relationships.

Let’s go get it!