THE MIDWIFE WITHIN RETREAT WAIVER, RELEASE, MEDIA RELEASE AND INDEMNITY AGREEMENT 

WAIVER AND RELEASE OF LIABILITY

In consideration of the risk of injury to yourself or others while participating in, replicating, performing, executing, practicing or otherwise implementing what is seen at the Midwife Within Retreat, hereafter referred to as the “Retreat,” and as consideration for the right to participate in and access the Retreat, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability. I hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my voluntary participation in the Retreat, and do hereby release and forever discharge Matriarch Rising Productions LLC, located at 136 Sanderson St #184 Hayesville, NC 28904, their affiliates, managers, members, agents, attorneys, staff, employees, volunteers, heirs, representatives, predecessors, successors and assigns (the “Agents”), for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a result of my voluntary participation in the aforementioned Retreat, including traveling to and from an event related to this Retreat.

I am voluntarily participating in the aforementioned Retreat and I am participating in the Retreat entirely at my own risk. I am aware of the inherent risks associated with participating in this Retreat, which may include, but are not limited to, physical or psychological injury, pain, suffering, emotional loss, and death. I understand that these injuries or outcomes may arise from my own negligence or the negligence of Matriarch Rising Productions LLC Agents, nonetheless I assume all related risks, both known and unknown, of my participation in this Retreat. I agree to indemnify and hold harmless Matriarch Rising Productions LLC and its Agents against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone acting on my behalf, including attorney's fees and costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Matriarch Rising Productions LLC incurs any of these types of expenses, I agree to reimburse Matriarch Rising Productions LLC.

I acknowledge that Matriarch Rising Productions LLC and its Agents are not responsible for errors, omissions, acts or failures to act by any party or entity conducting a specific event or activity on behalf of Matriarch Rising Productions LLC.

I acknowledge that my voluntary participation in the Retreat may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and other loss. In the event that I should require medical care or treatment because of my voluntary participation in the Retreat, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I acknowledge that I have carefully read this “Waiver and Release” and fully understand that it is a release of liability. I know, understand, and appreciate the risks associated with the Retreat and I am voluntarily participating in the Retreat. In doing so, I am assuming all the inherent risks of the Retreat and I expressly agree to release and discharge Matriarch Rising Productions LLC and its Agents from any and all claims, lawsuits, or causes of action. I agree to voluntarily give up or waive any right that I otherwise have to bring any legal action against Matriarch Rising Productions LLC.

This Agreement was entered into at arm's-length, without duress or coercion. Both the Participant and Matriarch Rising Productions LLC agree that this Agreement is clear and unambiguous, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event any term of this Agreement is found by any court to be void or otherwise unenforceable, the remaining terms of this Agreement will remain valid and enforceable.

BINDING ARBITRATION. In the event of a dispute arising under or relating to this Agreement or the Retreat (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Clay County, North Carolina, United States. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Matriarch Rising Productions from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.

CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING

I UNDERSTAND THIS RELEASE SHALL BE EFFECTIVE EVEN IF THE LOSS, DAMAGE OR INJURY WAS NOT FORESEEABLE OR RESULTS, IN WHOLE OR IN PART, FROM THE NEGLIGENCE OF THE RELEASED PARTIES AND/OR ANY OF THE ABOVE PERSONS.

MEDIA RELEASE:

I also consent to the use of activity/event photography and/or video taping of me and the display of those pictures of me for promotional use, or any other use deemed appropriate by the Released Parties. 

I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this Agreement. I certify that I have read this Agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the state of North Carolina, without regard to the conflict of laws principles thereof. The Parties agree that personal jurisdiction shall exist in North Carolina and that the State of North Carolina shall have subject matter jurisdiction over any issues arising from interpretation or enforcement of this Agreement. Any lawsuits arising out of this Agreement shall be brought in Clay County, North Carolina.

By signing below, I acknowledge and represent that I HAVE READ THIS AGREEMENT CAREFULLY, I FULLY UNDERSTAND ITS CONTENTS AND I VOLUNTARILY AGREE TO ITS TERMS. No oral representations, statements or inducements, apart from this written agreement, have been made. If a court declares any portion of this agreement invalid, the remainder shall continue in full force and effect. 

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.

REFUND POLICY

We do not offer any refunds under any circumstances.

MEDICAL DISCLAIMER

The Retreat cannot and DOES NOT contain any medical advice. The content of the Retreat, such as text, graphics, images, or information obtained from agents of Matriarch Rising Productions are for informational purposes only. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. 

If you think you may have a medical emergency, call your doctor or 911 immediately. Matriarch Rising Productions LLC and the Retreat does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned in the Retreat.  

LEGAL DISCLAIMER

The Retreat DOES NOT provide any legal advice. Users of the Retreat should consult with their own lawyer for legal advice. The information contained in the Retreat is general information  and should not be construed as legal information and should not be construed as legal advice to be applied to any specific factual situation. Any use of the Retreat does not create a lawyer-client relationship between Matriarch Rising Productions LLC and anyone enrolled in the Retreat. As the law differs in each legal jurisdiction and may be interpreted or applied differently depending on your location or situation, the information or use of any material or information in the Retreat is not a substitute for the advice of a lawyer. 

INTELLECTUAL PROPERTY

You agree that the Midwife Within Retreat contains proprietary Content that is owned by Matriarch Rising Productions and/or their licensors and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading any product Content, including to any sharing or social media sites is considered theft, and Matriarch Rising Productions will prosecute such misconduct to the fullest extent permitted by law.

Matriarch Rising Productions provides you with the Retreat solely for your personal, non-commercial use, and you agree that you will not use such proprietary Content in any way whatsoever, except for use in compliance with this Agreement. You will not use the Retreat or the Content available in the Retreat in a manner that constitutes an infringement of Matriarch Rising Productions's rights or that has not been authorized in writing by Matriarch Rising Productions. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Retreat. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright, trademark, and other proprietary notices.

TO BE CLEAR: Please be aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Matriarch Rising Productions, Emilee Saldaya, Sister MorningStar, Retreat Content, or infringe on any of Matriarch Rising Productions's intellectual property in any way. Any material that you create should be focused on your business, not ours. All copyrights, trademarks, and other intellectual property rights in and to the Retreat (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by Matriarch Rising Productions and/or its licensors, which reserve all their respective rights in law or in equity. THE USE OF Matriarch Rising Productions’ Retreat Content, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF Matriarch Rising Productions AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.

Trademarks, service marks, graphics, and logos used in connection with the Retreat are common law trademarks or registered trademarks of the Matriarch Rising Productions. You are granted no right or license with respect to any of the aforesaid trademarks.

PRIVACY AND CONFIDENTIALITY

The Retreat is subject to Matriarch Rising Productions's Privacy Policy. Matriarch Rising Productions does not knowingly collect personal information from children under the age of 18 and does not wish to do so. Matriarch Rising Productions reserves the right to request proof of age so that it can verify that minors under the age of 18 are not using the Retreat.

By purchasing access to the Retreat, you agree:

• not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of Matriarch Rising Productions or the Retreat Participants;
• that any confidential information shared by any of Matriarch Rising Productions’s representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to Matriarch Rising Productions
• that all Content provided to you by Matriarch Rising Productions is the Matriarch Rising Productions’s confidential and proprietary information and intellectual property, belong solely and exclusively to Matriarch Rising Productions, and may be used by you only as authorized by Matriarch Rising Productions;
• the reproduction, distribution and sale of the Content by anyone other than Matriarch Rising Productions is strictly prohibited; and
• that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

While you are free to discuss your personal results from the Retreat and training, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidence. 

THIRD-PARTY MATERIALS AND WEBSITES

Matriarch Rising Productions may provide links to third-party materials and websites. These third-party materials and websites are not part of the Retreat and they may be either withdrawn or terminated at any time without any liability on the part of Matriarch Rising Productions. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that Matriarch Rising Productions is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and Matriarch Rising Productions does not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Matriarch Rising Productions will not be liable for your improper use of third-party materials and websites.

DISCLAIMER

THE Retreat, THE SITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.

When addressing financial matters in any of our websites, videos, newsletters, Retreats or other Content, we’ve taken all reasonable efforts to ensure that we accurately represent our Retreats and improve your life. However, Matriarch Rising Productions does not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in the Retreat, Content, or Site is a promise or guarantee to you.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE Retreat IS AT YOUR SOLE RISK. By purchasing access to the Retreat, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing regarding your results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network, and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our Retreats, websites, content, landing pages, sales pages, or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, Retreats, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological, or financial advice.

ADDITIONAL TERMS AND CONDITIONS

1) GOVERNING LAW AND JURISDICTION. This Agreement shall be governed by, construed and enforced in accordance with the laws of the state of North Carolina, United States of America, without regard to the conflict of laws principles thereof. The Parties agree that personal jurisdiction shall exist in North Carolina and that the State of North Carolina shall have subject matter jurisdiction over any issues arising from interpretation or enforcement of this Agreement. Any lawsuits arising out of this Agreement shall be brought in Clay County, North Carolina.

2) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) Matriarch Rising Productions, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE Retreat; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Retreat. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

AS SET FORTH IN OUR PRIVACY POLICY, Matriarch Rising Productions SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF THE Retreat, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK.

3) NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, that are false or designed to disparage Matriarch Rising Productions, Sister MorningStar, or Emilee Saldaya including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, and/or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.   

4) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. The Retreat is a non-transferable Retreat.

5) TERMINATION. Matriarch Rising Productions is committed to providing all customers in the Retreat with a positive Retreat experience. If you fail, or Matriarch Rising Productions suspects that you have failed, to comply with any of the provisions of this Agreement, Matriarch Rising Productions, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the Retreat without refund or forgiveness of monthly payments; and/or (b) terminate this Agreement.

Your obligations to Matriarch Rising Productions under this Agreement will survive expiration or termination of this Agreement for any reason.

6) CHANGES. Matriarch Rising Productions reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Retreat. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Retreat will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Site or you may be notified by either e-mail or postal mail. If you have any questions, please contact our legal department directly at [email protected].

7) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Matriarch Rising Productions, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of the Retreat. You shall defend Matriarch Rising Productions in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of Matriarch Rising Productions’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of Matriarch Rising Productions.

8) BINDING ARBITRATION. In the event of a dispute arising under or relating to this Agreement or the Retreat (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Clay County, North Carolina, United States. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Matriarch Rising Productions from seeking injunctive relief in any court of competent jurisdiction as necessary to protect its proprietary interests.

9) CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

10) MEDIATION. The parties may at any time, without prejudice to any other proceedings, seek to settle any dispute arising out of or in connection with the present contract in accordance with the International Chamber of Commerce Mediation Rules.

11) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Matriarch Rising Productions’s intellectual property rights and confidential and proprietary information by you, Matriarch Rising Productions will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Matriarch Rising Productions may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of North Carolina for purposes of any such action by Matriarch Rising Productions.

12) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.

13) COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.

14) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.

This Agreement shall be governed by, construed and enforced in accordance with the laws of the state of North Carolina, without regard to the conflict of laws principles thereof. The Parties agree that personal jurisdiction shall exist in North Carolina and that the State of North Carolina shall have subject matter jurisdiction over any issues arising from interpretation or enforcement of this Agreement. Any lawsuits arising out of this Agreement shall be brought in Clay County, North Carolina.

I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this Agreement. I certify that I have read this Agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract.