THIS PARTICIPANT RELEASE AGREEMENT (“RELEASE AGREEMENT”) IS A LEGAL CONTRACT BETWEEN [NAME] (“ME” OR “I”) AND DANNCE.AI, INC. (“DANNCE). This Release Agreement governs my participation in one (1) or more market research studies conducted by or on behalf of Dannce. I understand that my access to and use of any Dannce Offerings (as defined below) may be subject to separate terms and conditions and agreements (collectively, “Product Terms”). To the extent there is any conflict between this Release Agreement and any Product Terms, the Release Agreement will control with respect to my participation in the activities outlined here and the Product Terms will control with respect to my access to and use of Product Terms. 

BY CLICKING “I AGREE,” I (I) AGREE TO THE TERMS AND CONDITIONS OF THIS RELEASE AGREEMENT; (II) ACKNOWLEDGE RECEIPT AND UNDERSTANDING OF THE MARKET RESEARCH PARTICIPANT PRIVACY POLICY; AND (III) DIRECT DANNCE TO PROCESS MY PERSONAL INFORMATION AS DESCRIBED IN THE MARKET RESEARCH PARTICIPANT PRIVACY POLICY. I FURTHER REPRESENT AND WARRANT THAT I HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE RELEASE AGREEMENT AND AM AT LEAST EIGHTEEN (18) YEARS OF AGE.

This Release Agreement shall be binding upon me, my heirs, personal representatives, executors and administrators and legal representatives.   

1. Video License.  I acknowledge that as part of my participation in this opportunity, I will be required to record and deliver to Dannce one (1) or more videos of myself participating in certain physical activities, as directed by Dannce (each, a “Video”, and together, the “Videos”). Such Videos will be made available by Dannce in accordance with Dannce’s instructions. I grant Dannce and those acting with Dannce’s authority or permission (“Dannce Designees”) the irrevocable right and permission, on a perpetual, worldwide, royalty-free, fully paid up, sublicensable, and transferable basis, to transmit, distribute, broadcast, copyright, publish, project, exhibit, display, print, and otherwise use and/or create derivative works from the Videos, as well as my image, any and all likenesses of my image, voice, statements, movements, and/or attributes of my personality or other indicia of identity in any media, now or hereinafter known, (my "Likeness”), as incorporated into the Videos, in connection with Dannce’s market research activities and the development of Dannce’s products and services (collectively, “Dannce Offerings”), including without limitation, to develop and train generative artificial intelligence algorithms and tools, and machine learning models, in each instance, that are developed, owned, managed, licensed, or operated by or on behalf of Dannce (collectively, “Models”) (collectively, the foregoing rights, the “License”). I acknowledge and agree that Dannce will have the right to disclose or otherwise provide the Videos to my clinicians and other members of my care team for their professional purposes (collectively, “Care Team”). 

I AM AWARE AND UNDERSTAND THAT CERTAIN OF THE PHYSICAL ACTIVITIES I MAY BE ASKED TO PARTICIPATE IN AND RECORD AS PART OF ONE (1) OR MORE VIDEOS MAY BE POTENTIALLY DANGEROUS AND/OR INVOLVE THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN ANY SUCH ACTIVITIES, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF DANNCE OR OTHERWISE.

2. Questionnaires. In connection with my participation in this opportunity, I understand I will respond to one (1) or more questionnaires conducted by Dannce or Dannce Designees (as defined below) (“Questionnaires”) where I may be asked to share my personal, professional, and/or medical history; or such other information or data (“Questionnaire Data”). The Questionnaire Data is subject to the License in Section 1 above, and I grant to Dannce and Dannce Designees the irrevocable right and permission to use and exploit the Questionnaire Data in accordance with the License. I will only provide Questionnaire Data to the extent I can represent and warrant the following, and hereby do represent and warrant the following with respect to any Questionnaire Data I provide:

1. Any Questionnaire Data I provide is true, accurate, and complete in all respects, and without limitation, where applicable, reflects my honest opinions, findings, beliefs, and/or experiences; and 

2. the Questionnaire Data, and the use of the Questionnaire Data, as permitted hereunder do not and will not violate any law or constitute slander or defamation of any third party, or infringe any rights of any third party, including, but not limited to, any copyright and/or rights of privacy or publicity.

I ACKNOWLEDGE AND AGREE THAT ANY QUESTIONNAIRE DATA I PROVIDE MAY BE USED IN CONNECTION WITH THE DEVELOPMENT OF RESULTS (AS DEFINED BELOW) AND THAT THE QUESTIONNAIRE DATA AND RESULTS MAY BE SHARED WITH MY CARE TEAM.

3. Results.  As part of the License, I irrevocably and unconditionally grant to Dannce and Dannce Designees the right to create analyses and insights based on my Videos and Questionnaire Data, and to combine the Videos and Questionnaire Data with other videos, information, or data received by Dannce and Dannce Designees for the purposes of creating aggregated analyses and insights (which may or may not be de-identified or anonymized) (collectively, the “Results”), and to use, re-use, edit, copy, reproduce, transmit, distribute, broadcast, copyright, publish, project, exhibit, display, print and/or create derivative works of, any and all Results, without restriction as to changes or alterations, including to disclose any such Results to my Care Team; provided, however, Dannce will not publicly disclose any Results that identify me as a source of such Results, without my prior written permission. I understand that Dannce is under no obligation to use any of the rights granted by me in the License or otherwise hereunder and has made no representations to me in this regard.

4. Ownership.  Subject to my retained rights in my Likeness, I agree that as between Dannce and me all Results and Dannce Offerings, including Models created under this Release Agreement or using any Videos or Questionnaires (collectively, “Dannce IP”), and all intellectual property rights related thereto, are and shall be the sole and exclusive property of Dannce; and, to the extent ownership of any Dannce IP does not vest in Dannce upon creation, I hereby assign to Dannce any and all right, title, and interest, that I may have in and to such Dannce IP, including all intellectual property rights related thereto. I hereby waive any moral rights or “droits moral” or similar rights I may have in any such Dannce IP.

In regard to the rights I assigned to Dannce herein with respect to the Dannce IP, in the event that any such rights cannot by law be assigned or granted to Dannce, I hereby waive any right that I may have in and to the applicable Dannce IP, including without limitation rights to inspect or approve any of the foregoing, or any other matter that may be used in connection therewith, or the use to which any of the above may be applied; and, to the extent I cannot (as a matter of law) make such waiver, or such waiver is unenforceable I hereby unconditionally grant to Dannce an exclusive, perpetual, irrevocable, worldwide, fully-paid license, with the right to sublicense through multiple levels of sublicensees, under any and all such rights (i) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Dannce IP, in any medium or format, (ii) to use, make, have made, sell, offer to sell, import, and otherwise exploit any product or service based on, embodying, incorporating, or derived from the Dannce IP, and (iii) to exercise any and all other present or future rights in the Dannce IP.

5. Release.  I hereby release, discharge and agree to save and hold harmless Dannce, and its legal representatives, officers, employees, agents, assigns, and Dannce Designees (the “Dannce Parties”), from and against any and all claims, actions, causes of action, and/or any liability by virtue of any personal injury that may occur in the course of performance under this Release Agreement, including my participation in any physical activities as part of any Video(s), and any blurring, distortion, editing, alteration, optical illusion, or use in whole, part or composite form, whether intentional or otherwise, that may occur or be produced in the processing or use of any Videos, as well as any publication thereof, including, without limitation, any claims for libel, slander, invasion of privacy, right of publicity, defamation, passing off, misappropriation of personality, trademark infringement, copyright infringement, or moral rights. Without limiting the generality of the foregoing, I hereby release the Dannce Parties from any claims arising from or related to the Results or Models, or Dannce’s use thereof.

6. Confidentiality.  I agree to keep confidential and to not disclose to, or discuss with any third party all of the following: (a) non-public information about the Dannce Offerings; (b) Dannce’s development or marketing plans that I learn about as part of my participation in the Questionnaires or otherwise herein, (c) verbal or written communications from Dannce’s employees, agents, contractors or other representatives regarding the Questionnaire, Videos, or any Dannce Offerings, or (d) information, data, or materials that Dannce marks as confidential or proprietary, or which, given the nature of the information and circumstances of disclosure, I should reasonably have understood to be confidential. With respect to any information described in the preceding sentence, I understand that I am bound by these confidentiality requirements except to the extent the information becomes publicly known or is authorized for disclosure by Dannce in writing.

7. Remedies.  I expressly recognize, acknowledge and agree that any breach of this Release Agreement is likely to result in irreparable harm to Dannce. In the event of any actual or threatened breach of this Release Agreement, I agree that Dannce shall be entitled, in addition to all other remedies available under law, to obtain specific performance of this Release Agreement, and to obtain injunctive relief against ongoing or contemplated activities in violation of this Release Agreement against me, any of my representatives, servants, employees, parents, subsidiaries, affiliates and any and all agents or other persons acting in active concert or participation with me. 

8. Non-Waiver.  I also expressly recognize, acknowledge and agree that the failure of Dannce to exercise any of its rights under this Release Agreement due to my breach thereof shall not be deemed to be a waiver of such rights, or a waiver of any of Dannce other rights under this Release Agreement.

9. Governing Law and Venue.  With acknowledgment that the terms and conditions of this paragraph have been expressly bargained for and are an essential part of this Release Agreement, I acknowledge and agree that this Release Agreement will be governed by and interpreted in accordance with the laws of the State of Delaware, without giving effect to any choice-of-law rules that may require the application of the laws of another jurisdiction. This Release Agreement and any action related thereto will be governed by the substantive and procedural laws of Delaware and any disputes under this Agreement shall be resolved exclusively by final, non-appealable, confidential and binding arbitration under the rules for JAMS and conducted in Boston, Massachusetts. The decision of the arbitrator shall be binding and conclusive on the parties. Judgment upon the award rendered by the arbitrator may be entered in any court having proper jurisdiction. Notwithstanding the foregoing, Dannce shall have the right to seek injunctive or other equitable relief in any court of competent jurisdiction in the event of a breach or threatened breach of Section 6 or to enforce its intellectual property rights under this Release Agreement. 

10. Severability.  If any term or provision hereof should be held to be invalid, unenforceable, or illegal, I acknowledge and agree that such holding will not invalidate or render unenforceable any other provision hereof, and the remaining provisions will not be impaired thereby.

11. No Rights Granted. Nothing in this Agreement shall be construed as granting me any right to use Dannce name and/or logo without the express written permission of Dannce, in Dannce sole and absolute discretion.

12. Survival.  I agree that the following provisions of the Release Agreement will survive its termination and shall bind me, my legal representatives, successors, and assigns: “Grant”, “Results,” “Ownership,” “Indemnification” and this “Survival” section, and all other obligations and duties that by their nature extend beyond the expiration or termination of this Release Agreement.

13.Indemnification.  I shall indemnify, defend, with counsel acceptable to Dannce, in Dannce sole discretion, save and hold harmless, and reimburse Dannce, and/or its legal representatives, officers, employees, agents, assigns and/or anyone acting with its authority and/or permission for any and all damages the agent and/or agency would be awarded via court judgment, arbitration, mediation, settlement or otherwise, as well as reasonable attorneys’ fees of Dannce, for (i) any and all claims released by me pursuant to this Release Agreement; (ii) any and all claims arising out of or related to my breach of any term of the Release Agreement; (iii) any breach of my representations or warranties hereunder; and (iv) any claims arising from my negligence or willful misconduct.

Signature