Representation as to Physical Condition: Wavier of Liability. The participant understands that he is enrolling in a program of intense, strenuous physical activity. The participant hereby affirms that he is in good physical condition and does not suffer from any disability or physical infirmity that would prevent or limit his participation in this exercise or which may increase the risk of physical injury or further disability from such participation.

The participant understands and agrees that all physical activities, including this exercise program, involve some risk of generating or increasing a physical injury or aggravating a pre-existing physical condition. Accordingly, the participant hereby assumes all risks of participation in this exercise program, waives any rights of action against any third party as a result of any injury or condition which may result from participation and holds harmless and releases from liability all third parties from any and all liability claims, demands or actions or causes of action whatsoever arising out of any damage, loss or injury to the participant or participant’s property, whether such loss, damage, or injury results from the negligence of the third party or from some other cause. For this purpose, third parties include all other participants in the exercise program, guests and invitees of a participant or of DeepTone® Inc., and DeepTone Inc., its owners, officers, employees, and agents. This waiver and release from liability shall apply for all periods during and following completion of the exercise program or the participant’s participation in the program, and while the participant is at the premises of DeepTone Inc. or DeepTone online and shall apply on behalf of the successors, assigns, heirs, and personal representatives of the participant.

Warranties and Representations of DeepTone® Inc. No warranties, express or implied, are given by DeepTone Inc., any of its owners, officers, employees, or agents with respect to the benefits to the participant or likely, expected or intended results of participation in the exercise program. Further, DeepTone Inc. disclaims, to the maximum extent permitted by applicable law, any and other warranties, whether express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose with regard to the DeepTone® exercise program and related materials. No employee or agent of DeepTone Inc. shall be permitted to provide information with respect to diet, dietary habits, dietary supplements, vitamins and drugs to participants, their guests and invitees on behalf of DeepTone Inc. other than what has been specifically authorized by DeepTone Inc., and any such unauthorized information or opinions provided with respect to such matters, shall be considered provided by such individual on his own behalf and not on behalf of DeepTone Inc.

DeepTone Inc. may use any testimonial, may photograph, record, film, and videotape classes and activities which may include the participant, guests or others for promotional use without any compensation being owed to any such person. DeepTone Inc. reserves the right to refuse participation in the exercise program and related services to any individual in its discretion if by reason of the physical condition of the individual or otherwise DeepTone Inc. determines that it is not in the best interests of the individual, DeepTone Inc., or either of them, to allow such participation. DeepTone Inc. does not guarantee results or provide refunds.

Proprietary Information. It is understood and agreed that DeepTone Inc. has developed the DeepTone® Method for use exclusively with its exercise program. The exercise portion of the DeepTone® method is also known as the CMRS Stimulus® training technique. All exercise programs developed by DeepTone Inc., Including the DeepTone® Method, constitute confidential proprietary information. Such information is disclosed to the participant in the exercise program. The participant acknowledges that he has not participated in, and is not aware of, any other exercise program, methods or techniques which claim to produce results in a one workout per week program.

Any commercial, proprietary or public use of some or all of the DeepTone® Method or other information obtained from DeepTone Inc. in conjunction with its exercise programs is expressly prohibited; provided that DeepTone Inc. may expressly license an individual or entity to use the DeepTone® Method and other proprietary information.

Participating in or operating a business, or otherwise using some or all of the DeepTone® Method or other proprietary information with respect to DeepTone Inc.’s exercise programs, whether as an owner, shareholder, partner, employee, independent contractor, agent, or otherwise, is also expressly prohibited. All information regarding and related to the DeepTone® exercise program and method is a trade secret. Participant agrees not to use, disclose or offer any exercise program that uses: any weights which contain any elements similar to the functional design and materials (both inside outside) of the weights used by DTI; any weights with tension devices (such as bands or elastic cords), whether they are used simultaneously or not; and any tension devices and/or weights individually or in combination which include any exercise elements of the DeepTone® method. The foregoing are intended as examples, and not an exclusive listing, of those DTI Ideas which may not be disclosed, used or offered by the Second Party. The Second Party further agrees not to disclose, offer or use any the exercise elements (with or without weights or tension devices), repetition patterns, arrangements, organization, sequences or patterns which are used by DTI in its exercise program.

The participant agrees to treat all such information as confidential, to use such information for the sole purpose of participating in the exercise program offered by DeepTone Inc., not to copy in whole or in part any of the exercise program or information provided (whether in written or other form), not to disclose such information to any other party and to otherwise take such steps as are necessary or appropriate to prevent dissemination of such information in violation of this section.

DeepTone Inc., in its programs, instructions and materials, is providing you with confidential trade secret information. The trade secret information is provided to you only on the condition that you agree to keep the information, programs, exercise techniques and materials confidential and not share them with anyone who does not also agree to abide by the terms of this Agreement. Your duty to maintain confidentiality is of critical importance, not only because of our contractual relationship but it is also enforced under Colorado law, as this contract is to be interpreted under Colorado law, and the federal civil and criminal statutes that prevent the unauthorized use of trade secrets such as our instructions, techniques, and materials. Said use is theft and the applicable statutes include the following federal statutes; 18 U.S.C. § 1832 protecting trade secrets with criminal penalties of up to $5 million and prison, civil damages under 18 U.S.C. § 1836.1, damages and attorneys’ fees under 15 U.S.C. § 1125(a) and § 1117 for and misuse of our products and materials, and the Uniform Trade Secrets Act that has been adopted in Colorado that independently prohibits the disclosure and misuse of our trade secrets.

These statutory and contractual provisions apply to you and oblige you to protect this material and to affirmatively prevent any unauthorized use by other persons – even friends and family. If someone wishes to use the materials, join in a session, or even observe a session they must first pay for the program and agree in writing to the provisions of this Agreement. The participant will be responsible not only for the consequences of its own disclosure of the DeepTone Inc.’s proprietary information, but also for the consequences of any actions taken by others to whom such information has been disclosed by participant.
In the event of any wrongful use of DeepTone Inc.’s proprietary information, DeepTone Inc. may proceed with such injunctive relief as may be available to prevent such use and, in addition, may pursue an action to recover damages. The participant agrees that, because of the difficulty of measuring damages in connection with any misappropriation or theft of DeepTone Inc.’s trade secrets or other proprietary rights, if participant misappropriates or steals (or permits any other person to misappropriate or steal) any such information or rights, he will pay to DeepTone Inc. in good funds, an amount equal to $2000.00 per each individual who uses (whether for his own use or any other purpose) or to whom has been disclosed (even if such individual has not used such information) the misappropriated or stolen exercise methods or other proprietary information or rights (as liquidated damages and not as a penalty).

In addition to any other amounts for which the participant may be liable under this Agreement, the participant agrees to pay to DeepTone Inc. all costs (including attorneys’ fees) incurred by DeepTone Inc. in enforcing its rights under this Agreement, whether or not litigation is commenced. The participant agrees that this Agreement is entered into and shall be interpreted in accordance with the laws of the State of Colorado. The participant further agrees that jurisdiction and venue for any litigation relating to this Agreement, any proprietary information of DeepTone Inc., or any trademarks, trade names, or trade dress of DeepTone Inc., shall be proper only in the City and County of Denver, Colorado.