CONSENT, WAIVER , ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT

In consideration of being allowed to be present at and/or participate in any way in the activities, events and programs of SMSPORTS SOLUTIONS LTD Training Centers, LLC or SMSPORTS SOLUTIONS LTD Football, Inc. (hereafter, collectively “SMSPORTS SOLUTIONS LTD”), I, the undersigned, on behalf of myself, any minor listed on the signature page of this Agreement, and each of our respective personal representatives, heirs, next-of-kin, spouse and assigns (collectively, “I”, “me” or “my”), acknowledge and agree as follows:

1.    There is the potential for significant risk of injury from activities at SMSPORTS SOLUTIONS LTD or while participating in SMSPORTS SOLUTIONS LTD programs or events, ranging from minor to fatal, whether caused by me or others. While rules, equipment and personal discipline may reduce risks, the risk of serious injury does exist.
2.    I understand that while cleaning procedures may reduce their presence, natural pathogens including but not limited to bacteria, viruses, mold and mildew may be present in SMSPORTS SOLUTIONS LTD centers or at other locations where SMSPORTS SOLUTIONS LTD activities, events and programs may take place, that I may be exposed to same while at the center or participating in SMSPORTS SOLUTIONS LTD related activities and that those natural pathogens may cause me illness or other bodily injury.
3.    I KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, related to: a) my presence at any SMSPORTS SOLUTIONS LTD center and/or participation in any SMSPORTS SOLUTIONS LTD programs, events and activities, whether conducted at a SMSPORTS SOLUTIONS LTD center or an outside location; and b) my use of any equipment at or belonging to SMSPORTS SOLUTIONS LTD, even if arising from the negligence of the Releasees (defined below) or others, and assume full responsibility for my participation and use.
4.    I represent that I am capable of participating in SMSPORTS SOLUTIONS LTD activities, events and programs, and take full responsibility for not exceeding my limits.
5.    I willingly agree to comply with the stated and customary terms and conditions for participation in SMSPORTS SOLUTIONS LTD programs and use of SMSPORTS SOLUTIONS LTD equipment.
6.    If I observe any unusual hazard or at any time feel anything is unsafe, I will immediately stop participating, remove myself from the unsafe area and notify a SMSPORTS SOLUTIONS LTD representative as soon as possible.
7.    I, for myself and the minor(s) noted below, and on behalf of our respective personal representatives, heirs, next of kin, spouse and assigns, HEREBY KNOWINGLY AND INTENTIONALLY RELEASE, INDEMNIFY AND HOLD HARMLESS SMSPORTS SOLUTIONS LTD TRAINING CENTERS, LLC AND SMSPORTS SOLUTIONS LTD FOOTBALL, INC., THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, SHAREHOLDERS AND MEMBERS, EMPLOYEES, OFFICIALS AND AGENTS, AND THE OWNERS AND LESSORS OF PREMISES USED BY SMSPORTS SOLUTIONS LTD TO CONDUCT ITS ACTIVITIES AND PROGRAMS (“RELEASEES”), AGAINST ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, LIABILITIES, DEMANDS, LOSSES, DAMAGES (KNOWN OR UNKNOWN AND ECONOMIC OR NON-ECONOMIC) SUITS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES), ARISING OUT OF MY ACCESS TO OR USE OF THE SMSPORTS SOLUTIONS LTD FACILITIES, PARTICIPATION IN SMSPORTS SOLUTIONS LTD PROGRAMS, ACTIVITIES OR EVENTS, AND/OR MY USE OF ANY EQUIPMENT OR OTHER PERSONAL PROPERTY PROVIDED, LOANED OR OTHERWISE MADE AVAILABLE BY, OR ACCESSIBLE FROM, ANY RELEASEES, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
8.    I understand that SMSPORTS SOLUTIONS LTD does not guarantee the specific trainer or trainers that may be assigned to my sessions or activities, even if I have signed up for a specific trainer. SMSPORTS SOLUTIONS LTD will do its best to accommodate trainer requests, but does not guarantee assignments.
9.    I consent to SMSPORTS SOLUTIONS LTD taking photographs, digital images, video recordings and/or sound recordings in documenting the activities of SMSPORTS SOLUTIONS LTD’s programs, events, activities and services. I grant to SMSPORTS SOLUTIONS LTD and its affiliates a perpetual, fully-paid up, world-wide license to use the digital images, negatives, prints, motion pictures, video and audio recordings or any other reproduction of the same for SMSPORTS SOLUTIONS LTD and its affiliates’ educational and promotional purposes in such forms and on such modes of communication as SMSPORTS SOLUTIONS LTD sees fit.

BY SIGNING BELOW I REPRESENT THAT: 1) I HAVE READ AND UNDERSTAND THE TERMS OF THIS CONSENT, WAIVER , ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT; 2) I CERTIFY THAT TO THE EXTENT THAT ANY MINOR IS LISTED BELOW, I AM THE LAWFUL PARENT OR GUARDIAN OF THAT MINOR WITH AUTHORITY TO EXECUTE THIS AGREEMENT ON THEIR BEHALF; 3) AND THAT I UNDERSTAND SMSPORTS SOLUTIONS LTD IS RELYING ON MY CONSENT TO THIS AGREEMENT IN ELECTING TO ALLOW ME OR THE MINOR(S) FOR WHOM I AM A PARENT OR LEGAL GUARDIAN TO USE ITS FACILITY AND/OR PARTICIPATE IN SMSPORTS SOLUTIONS LTD PROGRAMS, EVENTS OR ACTIVITIES.

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Parent/Guardian by clicking CHECKBOX you are you are consenting to the details above and agree to the waiver.