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My Time Out

My Time Out Site Policies

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My Time Out Moms & Village 5K  PARTICIPANT WAIVER, RELEASE OF LIABILITY & ASSUMPTION OF RISK  PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY BEFORE COMPLETING YOUR REGISTRATION. BY CHECKING THE ACKNOWLEDGMENT BOX AT REGISTRATION YOU ARE AGREEING TO BE LEGALLY BOUND BY ITS TERMS AND GIVING UP SUBSTANTIAL LEGAL RIGHTS. PARTIESThis Participant Waiver, Release of Liability, and Assumption of Risk ("Agreement") is entered into between: Participant: The individual completing registration, as named in the registration form submitted to My Time Out, LLC. My Time Out, LLC: A limited liability company organized under the laws of the State of New York, together with its founders, members, managers, officers, employees, volunteers, agents, contractors, sponsors, partners, successors, and assigns (collectively referred to herein as "My Time Out, LLC" or "Released Parties"). 1. SCOPE OF THIS AGREEMENTThis Agreement applies to and covers all of the following (collectively, the "Covered Activities"): a) THE VIRTUAL EVENT: The My Time Out Moms & Village 5K, a virtual running and walking event in which registered participants independently complete a course of 3.1 miles (5 kilometers) of their own choosing during the event window of September 26, 2026 through October 3, 2026; b) TRAINING AND PREPARATION: Any training, conditioning, practice, or preparatory physical activity undertaken by Participant in connection with or in anticipation of the Virtual Event, including but not limited to activity guided by any training materials, guides, or plans provided by My Time Out, LLC; c) THE WEBSITE: Use of the website located at www.mytimeout.online and any subdomain, page, form, or online service operated by My Time Out, LLC, including registration, account creation, purchases, downloads, and submission of any information or content; d) DIGITAL PRODUCTS AND CONTENT: Use of, reliance upon, or action taken based on any digital product, downloadable guide, training plan, wellness content, email communication, text message, or other content provided by My Time Out, LLC; e) MERCHANDISE: Purchase and use of any physical product, apparel, or merchandise sold by My Time Out, LLC; f) FUTURE AND RELATED EVENTS: Any additional virtual or in-person event, gathering, celebration, or activity organized or hosted by My Time Out, LLC in connection with the Virtual Event, whether announced before or after the date of registration, including any travel to or from such event. My Time Out, LLC does not design, supervise, manage, monitor, or control the routes, terrain, road conditions, weather conditions, traffic, or physical environment in which participants choose to exercise during the Virtual Event. Participants are solely responsible for selecting a safe location, safe conditions, and appropriate equipment in which to complete their miles. My Time Out, LLC is a wellness lifestyle brand and is not a medical provider, fitness trainer, physical therapist, nutritionist, or licensed health professional. No content, training guide, or communication provided by My Time Out, LLC constitutes medical advice, diagnosis, treatment, or a professional fitness program. 2. VOLUNTARY ASSUMPTION OF RISKParticipant acknowledges, understands, and voluntarily assumes all risks associated with participation in the Covered Activities, including but not limited to: a) Physical risks inherent in running, walking, jogging, and related physical exercise, including muscle strain, joint injury, sprains, fractures, falls, collisions, and accidents;b) Cardiovascular risks including but not limited to heart attack, cardiac arrest, and other cardiovascular events;c) Risks associated with outdoor environments including uneven terrain, traffic, weather conditions, and other hazards;d) Risks arising from Participant's own physical condition, fitness level, or pre-existing medical conditions;e) Risks arising from inadequate training, improper equipment, or failure to follow safety guidelines;f) Risks associated with attendance at an in-person gathering including but not limited to slip and fall, personal injury, illness, and property damage;g) Any other risks whether foreseeable or unforeseeable that may result in injury, illness, death, or property damage; Participant expressly acknowledges that these risks exist regardless of the precautions taken by My Time Out, LLC and that My Time Out, LLC has no ability to control or eliminate these risks. Participant represents that they have consulted with, or will consult with, a qualified medical professional prior to participation if they have any pre-existing medical conditions, physical limitations, pregnancy, recent surgery, or any other health concerns that may affect their ability to safely participate in physical activity. 3. RELEASE AND WAIVER OF LIABILITYIn consideration of being permitted to register for and participate in the Covered Activities, Participant hereby: a) RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE My Time Out, LLC and all Released Parties from any and all liability, claims, demands, actions, causes of action, damages, losses, costs, and expenses of any kind or nature, whether known or unknown, foreseen or unforeseen, arising out of or in any way related to Participant's participation in any of the Covered Activities; b) Agrees that this release and waiver applies to claims of negligence by the Released Parties, except in cases of gross negligence or willful and wanton misconduct as determined by a court of competent jurisdiction under applicable New York law; c) Agrees that this release and waiver applies to any and all claims for personal injury, bodily injury, illness, death, property damage, loss of consortium, loss of services, or any other loss arising from participation; d) Agrees that this release and waiver is binding upon Participant and Participant's heirs, executors, administrators, personal representatives, successors, and assigns; e) Agrees that this release and waiver is intended to be as broad and inclusive as permitted under the laws of the State of New York. 4. INDEMNIFICATION AND HOLD HARMLESSParticipant agrees to indemnify, defend, and hold harmless My Time Out, LLC and all Released Parties from and against any and all claims, suits, demands, damages, losses, costs, and expenses including reasonable attorney fees and court costs, arising out of or resulting from: a) Participant's participation in any of the Covered Activities;b) Any breach of this Agreement by Participant;c) Any negligent or wrongful act or omission of Participant that causes injury, illness, or damage to any third party or to property;d) Any claim brought by or on behalf of Participant or any third party arising from Participant's participation, to the extent such claim would have been released under Section 3 of this Agreement;e) Any violation by Participant of any applicable law, regulation, or ordinance in connection with their participation. 5. MEDICAL AUTHORIZATION AND ACKNOWLEDGMENTParticipant acknowledges and agrees that: a) They are in sufficiently good physical health and have no known medical condition that would prevent them from safely engaging in a 5K running or walking event; b) In the event of a medical emergency arising during participation in any event activity, Participant authorizes My Time Out, LLC and any present staff, volunteers, or first responders to seek emergency medical assistance on their behalf and consents to emergency medical treatment as determined necessary by responding medical personnel; c) Participant agrees to be solely responsible for all costs of medical treatment, emergency services, hospitalization, transportation, or rehabilitation arising from their participation; d) My Time Out, LLC is not responsible for providing medical supervision, first aid, or emergency services during the Virtual Event as participants complete their miles independently in locations of their own choosing outside the control or supervision of My Time Out, LLC; e) Participant should carry appropriate identification and emergency contact information during their participation in the Virtual Event. 6. PHOTOGRAPHY AND MEDIA RELEASEParticipant grants My Time Out, LLC a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, publish, distribute, and display any photographs, videos, audio recordings, testimonials, social media posts, or other media content submitted by, featuring, or identifying Participant in connection with the My Time Out Moms & Village 5K and related events, for the purposes of marketing, promotion, social media, advertising, and publicity, without further compensation, approval, or notice to Participant. Participant may opt out of this Photography and Media Release by submitting a written request to My Time Out, LLC at Tasha@MyTimeOut.Online at the time of registration. Opt-out requests received after registration may not be honored with respect to content already published. 7. PARTICIPANT REPRESENTATIONS AND WARRANTIESParticipant represents, warrants, and agrees that: a) Participant is 18 years of age or older, or if under 18 years of age, a parent or legal guardian has reviewed, understood, and agreed to this Agreement on Participant's behalf in accordance with Section 8 herein; b) Participant has read this Agreement in its entirety, understands its terms and legal effect, and is entering into it freely, voluntarily, and without coercion or duress; c) Participant has the legal capacity and full authority to enter into this Agreement and to bind themselves to its terms; d) Participant will comply with all rules, guidelines, and instructions issued by My Time Out, LLC in connection with the Covered Activities; e) Participant will participate in a safe and responsible manner and will not engage in conduct that endangers themselves or others; f) All information provided by Participant at registration is accurate, complete, and truthful. 8. MINOR PARTICIPANTS — PARENTAL OR GUARDIAN CONSENTIf Participant is registering a minor child (any individual under 18 years of age) for participation in any of the Covered Activities, the parent or legal guardian completing registration on behalf of the minor agrees to all of the following: a) Parent or guardian represents that they are the legal parent or guardian of the minor child named in the registration and have full legal authority to bind the minor to the terms of this Agreement; b) Parent or guardian voluntarily assumes on behalf of the minor all risks described in Section 2 of this Agreement; c) Parent or guardian agrees to the release and waiver of liability in Section 3 of this Agreement on behalf of the minor child and on behalf of themselves individually; d) Parent or guardian agrees to the indemnification obligations in Section 4 of this Agreement with respect to the minor's participation; e) Parent or guardian acknowledges that they are solely responsible for supervising the minor child during participation in any of the Covered Activities; f) Parent or guardian grants the media release in Section 6 on behalf of the minor child. 9. EVENT CANCELLATION AND MODIFICATIONMy Time Out, LLC reserves the right to cancel, postpone, modify, or alter any of the Covered Activities at any time for any reason including but not limited to weather, safety concerns, low registration, venue issues, technical failure, or force majeure events beyond My Time Out LLC's reasonable control. In the event of cancellation by My Time Out, LLC, Participant's sole remedy shall be a refund of the registration fee paid. My Time Out, LLC shall not be liable for any other costs, losses, or damages incurred by Participant in connection with the cancellation including but not limited to travel costs, accommodation, or lost time. All registrations, product purchases, and subscription payments are governed by the My Time Out, LLC Refund and Cancellation Policy available at www.mytimeout.online. All sales are final. No refunds will be issued for virtual event registrations, digital products, custom merchandise, or in-person event tickets except as expressly stated in that policy. 10. WEBSITE USE AND DIGITAL CONTENTParticipant acknowledges and agrees that: a) The website www.mytimeout.online and all content, guides, training plans, wellness materials, emails, and text communications provided by My Time Out, LLC are offered on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, express or implied; b) My Time Out, LLC makes no guarantee that the website will be uninterrupted, error-free, secure, or free from viruses or other harmful components, and is not liable for any loss or damage arising from Participant's use of or inability to access the website; c) All training guides, wellness content, and educational materials are provided for general informational purposes only and do not constitute medical, fitness, nutritional, or professional advice. Participant assumes full responsibility for any action taken based on such content; d) My Time Out, LLC is not liable for any injury, illness, loss, or damage resulting from Participant's reliance on, use of, or attempt to follow any training guide, wellness content, or recommendation provided; e) Any content Participant submits to My Time Out, LLC, including photographs, testimonials, and social media posts, is submitted voluntarily and Participant warrants that they own or have the right to share such content; f) My Time Out, LLC is not responsible for the content, privacy practices, or actions of any third-party website, platform, application, or service linked from or integrated with www.mytimeout.online, including but not limited to fulfillment partners, payment processors, social media platforms, and email or text messaging providers. 11. LIMITATION OF LIABILITYTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, in no event shall My Time Out, LLC or any Released Party be liable to Participant for any indirect, incidental, special, consequential, exemplary, or punitive damages of any kind, including but not limited to lost profits, lost data, personal injury, emotional distress, or loss of goodwill, arising out of or related to the Covered Activities, whether based in contract, tort, negligence, strict liability, or any other legal theory, even if My Time Out, LLC has been advised of the possibility of such damages. In any event, the total aggregate liability of My Time Out, LLC to Participant for any and all claims arising out of or related to this Agreement or the Covered Activities shall not exceed the total amount actually paid by Participant to My Time Out, LLC in the twelve (12) months preceding the event giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the liability of My Time Out, LLC shall be limited to the greatest extent permitted by law. 12. GOVERNING LAW, JURISDICTION, AND DISPUTE RESOLUTIONa) This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of New York, without regard to its conflict of law provisions. b) Any dispute, claim, or controversy arising out of or relating to this Agreement or Participant's participation in the event shall first be submitted to non-binding mediation in Suffolk County, New York before either party may initiate arbitration or litigation. c) If mediation is unsuccessful, the dispute shall be resolved through binding arbitration conducted in Suffolk County, New York under the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. d) Notwithstanding the foregoing, My Time Out, LLC reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction without first engaging in mediation or arbitration. e) In the event that any dispute proceeds to litigation, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Suffolk County, New York. f) In any dispute arising from this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party its reasonable attorney fees, court costs, and other litigation expenses. 13. SEVERABILITYIf any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be severed from this Agreement. The remaining provisions of this Agreement shall continue in full force and effect and shall be binding upon the parties. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision. 14. ENTIRE AGREEMENTThis Agreement constitutes the entire agreement between Participant and My Time Out, LLC with respect to the subject matter herein, including Participant's participation in the Covered Activities. This Agreement supersedes all prior and contemporaneous discussions, representations, understandings, and agreements between the parties relating to the same subject matter. This Agreement may not be modified except by a written instrument signed by an authorized representative of My Time Out, LLC. 15. NO WAIVERThe failure of My Time Out, LLC to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision. A waiver of any breach of this Agreement shall not be deemed a waiver of any subsequent breach of the same or any other provision. 16. ELECTRONIC AGREEMENT AND SIGNATUREParticipant acknowledges and agrees that: a) This Agreement may be accepted electronically by checking the acknowledgment box during the online registration process; b) An electronic acceptance of this Agreement is legally binding and has the same force and effect as a handwritten signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable New York law; c) A record of Participant's electronic acceptance including the date, time, and IP address will be maintained by My Time Out, LLC and may be used as evidence of Participant's agreement to these terms.​CONTACT INFORMATIONMy Time Out, www.mytimeout.online">LLCTasha@MyTimeOut.Onlinewww.mytimeout.online Effective Date: July 31, 2026

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