WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT FOR

1. Effective on the date hereof, we hereby agree to the participation in team play, private or group workouts, any basketball related activities through Hy.IQ Basketball.

2. In exchange for the willingness of the Hy.IQ to provide training and the services provided by the Hy.IQ, I, on behalf of myself, and the participant and any other dependent(s) and guests, represent that I/we understand that engaging in physical exercise and the use of the facilities and programs provided by the company includes an inherent risk of significant injury to persons and property. I understand that the risk of injury to persons and property includes, but is not limited to, injuries arising from or relating to (a) the use by me, my dependent(s), guests or others of the facilities, and other areas of the Company or the gyms it uses for its activities, (b) possible contact with communicable diseases including but not limited to COVID-19, and harm or injury from interaction with others; (c) participation by me, my dependent(s), guests or others in any supervised or unsupervised activities, programs, classes, events on or off the Company premises, including any Company sponsored events; (d) any personal training, instruction, supervision, or dietary recommendations by the Company, other companies recommended by the Company, or its staff; (e) medical disorders that may occur from use of the Company facilities or programs such as heart attack, stroke, death, heat stress, sprains, strains, broken bones, and torn muscles, tendons and ligaments among others; (f) accidents that may occur anywhere, including but not limited to in or around the Company facilities (including, but not limited to, the lobby, hallway, Parent’s Lounge, café, locker rooms, deck, parking lot, showers, dressing rooms, exercise rooms, bathrooms), while participating in activities or events associated with or sponsored by the Company or while traveling to or from the Company; and (g) theft or loss of property while using the Company facilities. Accidental injuries include those caused by you or by other persons and those, for example, of a slip and fall nature. I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Hy.IQ, its owners, officers, directors, employees, agents, and other supporting staff (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or the participant, family member or guest.

3. I represents that I personally know the Child and the Child is physically and mentally fit to participate in the basketball program or event and related activities and will inform Hy.IQ in writing if the Child’s physical or mental condition should change. I represent that, to the best of my knowledge, the Child does not have a health condition that would make it inadvisable for him/her to participate in the proposed activities or programs. (Note that you are encouraged to consult his/her own physician regarding personal limitations and risks.)

I hereby elect to voluntarily participate or allow the child I am signing on behalf of to participate in said activity with full knowledge that said activity may be hazardous to me or the Child and my or their property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me or the Child, or any loss or damage to property owned by me or the Child, as a result of being engaged in such an activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise. I understand that I may not use photographs or video taken on the premises for other than personal use without the advance approval of the Hy.IQ Basketball. I understand that Hy.IQ and its members, their families and friends may from time-to-time take photographs, create images, and/or videos of the Academy activities, events, tournaments, and development sessions wherein my child, or others in my family, or friends may be seen. I agree and authorize such photos, videos, or other images to be used by Hy.IQ on its website and in other promotional or educational materials. I also agree that Hy.IQ may display in the facility the training information it gathers on my Child with my Childs name, and use such information for other purposes (but in such other cases without disclosure of my child’s name.)

4. I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or costs, including court costs and attorney fees, that they may incur due to my or the Childs participation in said activity, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise.

5. I understand that Hy.IQ may not maintain any medical or health insurance policies covering me or the Child or covering any circumstances arising from my participation or the Child’s participation in the activities. As such, I am aware that I should review my personal insurance portfolio, especially accident/medical coverages.

6. I confirm that I am a legal guardian of the Child and can sign on his or her behalf. It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of the Child’s family, my family and spouse, if I am alive, and my and the Child’s heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless agreement shall be construed in accordance with the laws of the State where the facility is located.

7. IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and sign voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least (18) years of age and fully competent; and I execute this Release on behalf of myself and the Child for full, adequate and complete consideration fully intending to be bound by same.

8. If participant is under the age of 18, Parent/Guardian consents to the minor's (“Childs”) participation in the activities, and further agrees that Hy.IQ shall be entitled to seek reasonable and necessary medical treatment for Participant during such activity, event, or associated activities, and agrees to be responsible for any cost of such treatment, and that the above LIABILITY WAIVER, RELEASE, INDEMNITY AGREEMENT applies to any actions taken by the Basketball Academy pursuant to the authorizations granted in this paragraph.