RELEASE, WAIVER, INDEMNIFICATION, HOLD HARMLESS,
AND ASSUMPTION OF THE RISK AGREEMENT

This Release, Waiver, Indemnification, Hold Harmless, and Assumption of the Risk Agreement (hereinafter referred to as the “Agreement”) is by and between Peachtree City Select, LLC (hereinafter referred to as “PCS”) and Peachtree City Youth Basketball Association, Inc. (hereinafter referred to as “PCYBA”), on the one hand, and the undersigned participant, or as the case may be, the undersigned parent or legal guardian if the participant is a minor under the age of eighteen (18) years of age (hereinafter collectively referred to as the “Undersigned”), on the other hand. In return for participation in basketball practices and games held by PCS or PCYBA, the use of the Premises (as that term is defined hereinbelow), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Undersigned agrees to the following terms and conditions:

Permitted Activities: I agree to use the gym and any fitness facility operated or leased by PCS or PCYBA for the purpose of holding basketball practices and games (hereinafter referred to as the “Premises”) only for the following permitted activities: basketball practices, basketball games, strength and conditioning exercises, aerobic exercises, weightlifting exercises, circuit training exercises, and any other recreational activities not included herein (the “Permitted Activities”). PCS and PCYBA reserves the right to add to, change, limit, or prohibit any activities on the property at any time. From time to time and in the sole discretion of PCS or PCYBA, PCS or PCYBA will make rules, regulations, and prohibitions for the Premises available upon written request. I hereby agree to abide by any rules and regulations provided by PCS or PCYBA, whether such rules and regulations are promulgated to me verbally or in writing, and further acknowledge that PCS or PCYBA may revoke my right to use and remain on the Premises at any time and without a refund.

Duration of Use: I may enter the Premises and may remain on the property solely for the purposes of engaging in the Permitted Activities listed above and for no other purposes. I understand that my right to enter onto and use the Premises shall (1) commence on the date on which I accept these terms and conditions, and (2) shall terminate at the earlier to occur of the following: (a) my failure to remit all necessary fees, costs, assessments, dues, or payments related to my use of the Premises, or (b) immediately upon notice, either verbal or written, from PCS (the “End Date”). My right and privilege to use and remain on the Premises will terminate as of the End Date. I understand that I will be held liable for any damages, costs, or losses incurred by PSC as a result of my failure to vacate the Premises as of the End Date or upon entering onto the Premises after the End Date without the prior express written permission of PCS OR PCYBA. Such damages, costs, or losses shall include, but shall not be limited to, reasonable attorney’s fees.

Assumption of the Risk: I acknowledge that practices and games (hereinafter referred to as the “Premises”) only for the following permitted activities: basketball practices, basketball games, strength and conditioning exercises, aerobic exercises, weightlifting exercises, circuit training exercises, and any other recreational activities not included herein are inherently dangerous activities and may pose a serious threat to my and/or my minor child’s health and safety, including, but not limited to, sprains, strains, fractures, over-use syndrome, injuries, and/or death involving the acts or omissions of others. I further acknowledge that participating in any type of recreational activities may pose a risk of serious injury or death. Notwithstanding the foregoing, I hereby acknowledge the risks of entering onto the Premises and have voluntarily subjected myself to the potential risks. I hereby expressly assume the risk of entering onto the Premises and taking part in the Permitted Activities on the Premises which include, but are not limited to, practices and games (hereinafter referred to as the “Premises”) only for the following permitted activities: basketball practices, basketball games, strength and conditioning exercises, aerobic exercises, weightlifting exercises, circuit training exercises, and any other recreational activities of any kind.

Furthermore, I acknowledge that PCS has advised me to consult a licensed physician or medical care provider before participating in the Permitted Activities, before using any of the exercise equipment located on the Premises, or before participating in any physical exercise activity on the Premises. I understand that, from time to time, the staff and independent contractors of PCS may provide advice regarding certain physical activities, dietary modifications, weight loss information, and the use of food supplements and other body enhancement products. PCS has advised me that such advice is made by non-medical personnel and that I should consult a licensed medical care provider regarding my or my minor child’s engagement in such activities, the use of such products, or the use of such advice prior to the implementation of same.

I consent to the administration of first aid and other medical treatment and related services to me and/or my minor child, including, but not limited to, transport, in the event of injury or illness in connection with my participation in the Permitted Activities, and hereby release and indemnify PCS of, from, and against any and all claims, losses, damages, or liabilities arising out of such treatment and/or services. I further consent and agree to obtain, furnish, and allow, if required, the use and disclosure of my personal health information to, such providers in connection with rendering services and/or treatment, and to sign any additional document that may be requested by such providers in connection with such information or services.

Indemnification: On behalf of myself and/or my minor child, I expressly agree to indemnify, hold harmless, defend, and covenant not to sue PCS or PCYBA and any of their employees, directors, officers, or agents from any and all fault, liabilities, costs, expenses, claims, demands, or lawsuits arising out of, related to, or in connection with basketball practices, basketball games, strength and conditioning exercises, aerobic exercises, weightlifting exercises, circuit training exercises, and any other recreational activities not included herein taking place on the Premises; my participation in the Permitted Activities; my observation of the Permitted Activities; my presence on or use of the Premises; and any and all acts or omissions of mine with regard to the Premises.

Should any such claim, demand, or lawsuit arise or be asserted against PCS or PCYBA, whether arising under the laws of the United States, the laws of the State of Georgia, or any other State, or under any theory of law or equity, I shall indemnify, hold harmless, and defend PCS and PCYBA of, from, and against any and all costs, expenses, or liability including, but not limited to, the cost of any settlement or judgment made by or rendered against PCS and/or PCYBA, whether individually, jointly, or in concert with me, together with all costs of court and other costs or expenses incurred in connection with any such claim, demand, or lawsuit, including reasonable attorney’s fees.

Waiver of Rights: I hereby waive any and all rights and claims for damages, losses, demands, and any and all other actions, which exist or which may arise against PCS or PCYBA (including, but not limited to, any and all injuries, damages, or illnesses, including both mental and emotional distress or anguish suffered by me or to my property, whether such injuries, losses, damages, or illnesses are the result of the acts or omissions of PCS or PCYBA or otherwise). I further waive any and all rights and claims for damages, losses, demands, and all other actions which may, in any way whatsoever, arise out of, be related to, or be connected with: the Permitted Activities; any and all patent and latent defects in the Premises; my presence on or use of the Premises; any claims related to PCS’s or PCYBA’s or its agents’ and representatives’ negligence, gross negligence, or willful misconduct, and my property (whether or not entrusted to PCS or PCYBA).

I hereby agree that neither PCS nor PCYBA shall not be held liable for any of the aforementioned damages, losses, demands, or any and all other actions, and I hereby expressly release PCS and PCYBA from any and all such claims. This waiver is both personal in nature and on behalf of any minor child for whom it is executed.

Use of Likeness in Marketing Materials: I, for myself and on behalf of my minor child, hereby irrevocably grant to PCS OR PCYBA unlimited permission to use, reproduce, sell, disseminate and distribute any and all photographs, images, videotapes, motion pictures, recordings, or any other depiction of any kind of my or my minor child’s participation in the Permitted Activities for any legitimate purpose in perpetuity and acknowledge that neither I nor my minor child will not be entitled to any compensation in connection therewith. I further hereby irrevocably and absolutely grant permission to PCS and PCYBA to film, videotape and record my or my minor child’s performance in the Permitted Activities and subsequently to telecast, sell, distribute and otherwise utilize the same in whatever manner PCS or PCYBA shall deem appropriate. Such permission shall include granting the unlimited and irrevocable rights to PCS and PCYBA, without compensation of any kind to me or my minor child, to use, reproduce or broadcast my or my minor child’s name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the Permitted Activities. I acknowledge that PCS and PCYBA shall have unlimited right throughout the world to copyright, use, reuse, publish, republish, broadcast and otherwise distribute depictions of, or information about, me or my minor child, and all or any portion of the Permitted Activities in which I or my minor child may appear on any and all radio, network, cable and local television programs, in any print materials, and in any other format or media (including electronic media) now known or hereafter devised in perpetuity and without compensation to me.

Applicable Law; Forum Selection: This Agreement was accepted in Georgia and is intended to be construed in accordance with the provisions of the laws of that state. I hereby agree that the exclusive venue for the litigation of any dispute arising out of or by virtue of this Agreement shall lie with a court of competent jurisdiction located in the County of Fayette, State of Georgia.

Binding Agreement: This Agreement shall inure to the benefit of and be binding on my successors, assigns, heirs, administrators, representatives and trustees.

Acknowledgment: I hereby acknowledge and agree that I have read this Agreement, understand the provisions contained herein, and am accepting this Agreement voluntarily. I again acknowledge and agree that I will, at all times, abide by all rules, procedures, safety rules, and any and all instructions provided, if at all, by PCS OR PCYBA, whether communicated in writing, posted on the Premises, or communicated orally.

This Agreement binds the Undersigned and his or her executors, administrators, assignees, or heirs and any minor for whom it is signed.

*NOTE: SIGNING THIS FORM IS VOLUNTARY. HOWEVER, USE OF THE PREMISES OR PRESENCE ON THE PREMISES IS DEPENDENT ON SIGNATURE.*