WAIVER

THE SPORTS ACADEMY, LLC 

Customer/Trainee Release, Waiver of Liability, and Covenant Not to Sue 

I hereby acknowledge upon execution of this document that I am freely and voluntarily choosing to participate in, or to have my minor child participate in, physical training with THE SPORTS ACADEMY, LLC (hereinafter referred to as “The Sports Academy”) and that I am not under any state of inebriation or duress upon signing, and I am able to fully contemplate and discern the following terms and conditions of this Waiver and Release. I have had an opportunity to read the ensuing terms and conditions carefully and at my leisure, and if necessary, to consult an attorney to clarify any items which may be of concern. 

I hereby acknowledge upon execution of this document that I have fully contemplated the hazards inherent in any physical activity conducted for the purposes of, or that is in any way conducted in the nature and style of, training/coaching/practicing/exercising/or working out, particularly with a professional training entity such as The Sports Academy, and/or any activity otherwise related to any physical training with The Sports Academy, and I understand, acknowledge, and accept that the inherent hazards of which I fully acknowledge I have contemplated herein include, but are not limited to: illness, bruising, tears, strains, dehydration, stroke, exhaustion, broken bones, sprains, concussions, slips, falls, various injury(ies) resultant from the use of different training equipment and other sport-specific equipment employed in any training activity such as sticks, balls, bats, weight lifting equipment and any other athletic equipment, and that there is the further possibility, however remote, of drowning, heart attack, muscle pulls and strains, sprains, bruising, tendinitis, and other possible physical, mental, and/or emotional injury(ies) implicit in hard athletic training and competition. While The Sports Academy offers and enjoys a wealth of interior space for training, I understand, acknowledge and accept that the availability of The Sports Academy to facilitate my training regimen and activities, and the resulting schedule of my training regimen and activities, will be heavily influenced by the ability of The Sports Academy to have me or my child safely participate in training activities in the presence of as few other staff and customers/trainees indoors as possible. At all times it is The Sports Academy’s goal and intention to have customers/trainees train in the presence of as few others as possible. In the interest of my safety and well-being, and the safety and well-being of The Sports Academy staff, I understand, acknowledge, and accept that access to the facilities shall be tightly limited and controlled to permit entry and occupation to ONLY that of Sports Academy Staff engaged in an employment purpose and the individual customers/trainees who are present at such time for training sessions. Any person who is not a customer or trainee, whether directly or indirectly related to a customer or trainee in any way, to include parents, guardians, or relatives, shall NOT be permitted to enter and remain during a training session, to include any act of spectating, visitation, waiting, by-standing, onlooking, observing, cheering, walking-through, or hanging around any area of the training facility. Entering and remaining is strictly prohibited if you are not a staff member present for an employment purpose or a customer/trainee who is present for a training purpose. The interior facilities are for staff and customers/trainees ONLY. Physical training/coaching/practicing/exercising/or working out, particularly with a professional training entity such as The Sports Academy, is an inherently risky and sometimes dangerous activity which may expose me to a risk or risks of a variety of property damage and bodily or personal injury. Although The Sports Academy makes use of its indoor facilities to its fullest extent, I am fully aware and further understand that there may be an occasion for outdoor training and instruction, and as such, I may be exposed to other risks which may not be foreseeable, and I am assuming those risks and releasing The Sports Academy in the rare occasion that any such event shall occur resulting in injury or death of any kind as a result of outdoor training, or other unforeseeable events. I also fully understand the safety guidelines and parameters advised to me and/or my child by The Sports Academy and realize that without my complete cooperation and without wearing the proper athletic equipment, and by deviating intentionally or unintentionally from safety instruction, supervision, or other instruction on proper form and technique, I may vastly increase my risks of property damage, bodily or personal injury, and/or death. I acknowledge that the training regimen for which I am registering is a highly strenuous activity which may unknowingly be beyond my capability or that of my child’s and that realizing my currently unknown limitations could result in minor, severe, and/or permanent injuries or death to those who are not sufficiently physically conditioned, trained, and/or experienced. I acknowledge, understand, and accept that I have had sufficient time to consult with a physician/physicians as to the current state of my/my child’s physical health and suitability for such a rigorous training regimen and that I have made a conscious decision to pursue such training in light of any and all ability to seek prior medical advice or opinions and have made my own determination to engage with The Sports Academy and participate in physical training taking into consideration the input of any medical professionals before pursuing any such training. I understand, acknowledge, and accept that human anatomy and physiology may permit myself or my child’s body to harbor unknown threats and hazards which may only come to light or be aggravated by such training and I specifically do hereby release, hold harmless, and covenant not to sue if it shall come to pass that any physical activity directly or indirectly related to myself or my child’s training with The Sports Academy results in any property damage, or physical, mental, or emotional injury or death due to a medical condition unknown at the time of signing, but which is made worse, or exacerbated by any such training. I hereby elect to voluntarily participate in/have my child participate in physical training with The Sports Academy with full knowledge that such activity many be hazardous to me. I HEREBY VOLUNTARILY ASSUME PERSONAL RESPONSBILITY, AND/OR RESPONSIBILITY ON BEHALF OF MY MINOR CHILD FOR ANY AND ALL SUCH RISKS DURING TRAINING WITH THE SPORTS ACADEMY. 

In consideration of the value received of The Sports Academy’s knowledge, expertise, and efforts expended on my behalf and other good and valuable consideration, the sum and sufficiency of which is hereby acknowledged, I DO HEREBY AGREE TO RELEASE, HOLD HARMLESS AND FOREVER DISCHARGE THE SPORTS ACADEMY, LLC, ITS MEMBERS INDIVIDUALLY, AND ANY OF ITS OFFICERS, AGENTS, EMPLOYEES, REPRESENATIVES, AND ASSIGNS FROM ANY AND ALL LIABILITY CLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS OR INJURY, INCLUDING DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES, OR THE CONSEQUENCES THEREOF, THAT MAY BE SUSTAINED BY ME OR MY MINOR CHILD, RESULTING FROM OR IN ANY WAY CONNECTED WITH, MY PARTICIPATION IN TRAINING WITH THE SPORTS ACADEMY, ITS OFFICERS, MEMBERS, AGENTS OR EMPLOYEES, OR OTHERWISE OR IN RELIANCE UPON SAID TRAINING IN ANY SUBSEQUENT ACTIVITIES. 

As partial consideration for the services provided by The Sports Academy to me under this agreement, I hereby grant The Sports Academy a limited license to use my name, image, voice, likeness, attributes, and biography for and in connection with the advertising, publicizing, and promotion of The Sports Academy and related businesses. This includes, but is not limited to, the development, distribution, and monetization of television programs or other video content featuring video footage of me over broadcast television stations, the internet, and/or any other media. 

I agree that this RELEASE, WAIVER OF LIABILITY, AND COVENANT NOT TO SUE is to be construed under the laws of the State of Georgia and that if any portion is held invalid or unenforceable, the remainder shall, notwithstanding, continue in full legal force and effect. 

It is my express intent that this RELEASE, WAIVER OF LIABILITY, AND COVENANT NOT TO SUE shall bind both me and my family members, if I am alive, and my heirs, assigns, personal representatives and administrators, if I am deceased, and shall be deemed as a RELEASE, WAIVER OF LIABILITY, AND COVENANT NOT TO SUE THE SPORTS ACADEMY, ITS MEMBERS, OFFICERS, AGENTS, OR EMPLOYEES. 

By signing this document below, I hereby certify, acknowledge and represent that I have read this entire RELEASE, WAIVER OF LIABILITY, AND COVENANT NOT TO SUE, that I understand its terms, that I am giving up legal rights that I might otherwise have, and that I signed it knowingly and voluntarily as my own free act and deed. No oral representations, statements, or inducements, other than the foregoing written release, waiver of liability, and covenant not to sue, have been made. I am at least eighteen (18) years of age and am fully competent to execute this RELEASE, WAIVER OF LIABILITY AND COVENANT NOT TO SUE. I execute this RELEASE, WAIVER OF LIABILITY AND COVENANT NOT TO SUE for fully, adequate, and complete consideration and fully intent to be bound by the same. 

I agree that any action, suit or proceeding relating to, arising out of or in connection with the terms, conditions, and covenants of this agreement may be brought only in Barrow County, Georgia. I hereby waive any objection to jurisdiction or venue in any proceeding filed within the above referenced county in relation to this agreement. 

I have read and understand the effects of this agreement and execute the same at my own free will and accord for the purposes and consideration set forth herein. 

I AGREE I HAVE BEEN INFORMED OF MY RIGHT TO CONSULT WITH AND RETAIN AN ATTORNEY FOR THIS MATTER. I FURTHER AGREE I HAVE BEEN INFORMED THAT I AM NOT REQUIRED TO AGREE OR EXECUTE ANY DOCUMENTS WITHOUT THE ADVICE OF AN ATTORNEY.