Effective Date: Tuesday, 1 July 2025

This Agreement constitutes a legally binding contract between you (the “Participant”) and Evolution Performance, LLC, an Indiana limited liability company, including its owners (including co-founders Jaden and Chase), directors, officers, employees, contractors, agents, representatives, affiliates, and subsidiaries (collectively referred to as “Evolution Performance,” “we,” or “us”).

By purchasing, enrolling in, or participating in any service or program provided by Evolution Performance, including but not limited to youth agility training, strength and explosiveness programs, custom workout plans, and online or in-person coaching, you confirm that you have read, understood, and agree to all of the terms below. If the Participant is under the age of 18, a parent or legal guardian must consent to these terms on their behalf.

1. Acknowledgment and Assumption of Risk

You understand and acknowledge that participation in physical training involves inherent and significant risks, whether performed under direct supervision or remotely, including but not limited to: muscle strains, ligament injuries, joint dislocations, bone fractures, cardiovascular events, dehydration, heatstroke, dizziness, fainting, and in rare cases, paralysis or death; accidents occurring due to equipment malfunction, environmental conditions, or other participants; injuries resulting from incorrect performance of exercises, even if such exercises were demonstrated or recommended by a coach or trainer; and long-term health complications arising from high-intensity or repetitive physical exertion. You voluntarily and knowingly assume full responsibility for these and all other risks, both known and unknown, associated with your participation in any Evolution Performance activities. You agree that your participation is voluntary and undertaken solely at your own risk.

2. Medical Fitness to Participate

By enrolling in any of our programs, you affirm that you (or your child, if under 18) are in adequate physical condition and possess no medical conditions or impairments that would endanger yourself or others by participating in physical fitness activities. You further certify that: You have obtained clearance from a licensed medical professional for participation in fitness activities; you are not aware of any health conditions (e.g., heart problems, joint conditions, respiratory issues, neurological disorders) that could be aggravated by strenuous exercise; and you will notify Evolution Performance in writing if any changes in your physical or mental condition occur that might impact your ability to safely participate in our programs. You agree that Evolution Performance is not a medical provider and does not provide medical advice. Any health-related information shared in our programs is intended solely for educational purposes and does not substitute for professional diagnosis, treatment, or medical supervision.

3. Waiver, Release, and Hold Harmless Agreement

To the fullest extent permitted by law, you hereby waive, release, discharge, and forever hold harmless Evolution Performance, LLC, its owners (including Chase), officers, employees, trainers, subcontractors, independent contractors, volunteers, affiliates, and representatives (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, or causes of action for damages, injury, loss, illness, disability, or death arising out of or in any way related to your participation in any program or use of Evolution Performance services, whether caused by negligence, omission, strict liability, or otherwise. This includes, without limitation, injuries sustained during any training activity, whether on-site, off-site, virtual, or self-directed; damages caused by misuse of or failure of equipment; emotional distress or mental health issues associated with physical exertion; and any claim arising from your reliance on information, recommendations, or content provided by Evolution Performance or its trainers. You expressly agree that this waiver and release is intended to be as broad and inclusive as permitted by the laws of the State of Indiana or the state in which you reside or train, and that if any portion is held invalid, the remainder shall continue in full legal force and effect.

4. Indemnification and Obligation to Defend

You agree to indemnify, defend, and hold harmless Evolution Performance and the Released Parties from any and all claims, demands, damages, losses, causes of action, costs, or expenses (including attorneys' fees and court costs) arising out of or related to: your participation in any Evolution Performance program; your violation of any provision of this agreement; any bodily injury, property damage, or loss incurred as a result of your conduct; and claims brought by third parties resulting from your actions or failure to follow provided instructions. This obligation includes any costs incurred by Evolution Performance in enforcing this agreement or defending against claims, whether such claims are made by you or by another party on your behalf.

5. Media Release and Use of Likeness

Unless expressly stated in writing via email to Evolution Performance, you grant permission for the use of photographs, video recordings, or other media captured during training sessions (in-person or virtual) that may include your image or likeness (or that of your minor child) for promotional, advertising, educational, and commercial purposes. You understand that these images may appear on websites, social media platforms, printed marketing materials, and other media. You waive any rights of compensation or ownership and release all claims against Evolution Performance for use of such media, now and in the future.

6. Services for Minors

If the Participant is under the age of 18, you represent and warrant that you are the parent or legal guardian of the minor. You understand and agree that all provisions of this agreement apply to the minor participant. You further acknowledge that: you have reviewed and understand the risks involved on the minor’s behalf; you consent to their participation; and you accept full responsibility for the supervision, safety, and compliance of the minor with this agreement.

7. Program Guidelines and No Guarantee of Results
You understand that all training programs are instructional in nature. Results depend on numerous factors, including but not limited to consistency, effort, genetics, nutrition, rest, and overall health. Evolution Performance does not guarantee any specific performance outcomes or physical results from participation in any program or service. You agree to follow all guidance, instructions, and safety measures provided and to act responsibly during participation.

8. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to any conflict of laws principles. Any legal action or proceeding arising under or related to this agreement shall be brought exclusively in a state or federal court of competent jurisdiction located in Indiana, and you consent to the personal jurisdiction of such courts. In the event of a dispute, you agree to attempt resolution through informal discussion prior to pursuing legal action.

9. Electronic Agreement and Consent

By checking the box provided at registration or checkout, you confirm and agree to the following: You have read and understood this Terms of Service & Waiver of Liability Agreement in full; You are at least 18 years old, or are the legal parent/guardian of the participant listed; You understand this document affects your legal rights and those of any minor in your care; and You voluntarily agree to be bound by its terms in full, and acknowledge this constitutes a legal signature under the Uniform Electronic Transactions Act (UETA) and the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).

✅ I have read and agree to the Terms of Service & Waiver of Liability set forth by Evolution Performance, LLC. I understand this constitutes a binding legal agreement.