Terms and conditions for Athletic & Strength Development Basic Pass (6 Sessions)

Assumption of the Risk, Release of Liability and Indemnity Agreement

(Relating to Coronavirus/COVID-19 and Other Injuries)

I permit my child (“Participant”) to voluntarily participate with other individuals in a Splash Lab (“SL”) athletics program and utilize SL's facilities, equipment, and property to receive conditioning, training and access to SL (“Program”). In agreeing to such, I, on behalf of myself, individually, as a parent or guardian of the Participant, and on behalf of Participant, and our respective personal representatives, heirs, and assigns, voluntarily and knowingly enter into this Assumption of the Risk, Release, Waiver of Liability and Indemnity Agreement (“Agreement”) and acknowledge and agree to the following:

1. I fully understand that the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies have issued shelter-in-place restrictions, recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Additionally, with the shelter-in-place orders, many persons have been unable to continue with a regular fitness program. Resuming increased physical activity can also create the potential for injuries.

2. I fully understand that SL has put in place preventative measures in an attempt to reduce the spread of COVID-19; however, I also understand that SL cannot guarantee that the Participant, myself or another member of my household will not become exposed to or infected with COVID-19.

3. I fully understand that electing to voluntarily participate in the Program could increase the risk of contracting COVID-19 as well present additional risks of injury to participants resuming more active physical activity.

4. I fully understand and appreciate the potential known and unknown dangers of Participant choosing to participate in the Program and that despite SL’s efforts to mitigate any dangers, it may nevertheless result in exposure to COVID-19, which could result in quarantine requirements, serious illness, injury, damages, disability, and/or death.

5. I expressly acknowledge and agree that Participant’s participation is the Program is voluntary and elective at our sole option and is not, in any way, mandated or required by SL or any SL sports team or coach. I understand and agree that other conditioning alternatives exist for Participant, including, but not limited to, remote training and that the Program is purely recreational and non-essential in nature.

6. I represent, warrant and agree: 1) I am the parent or legal guardian of the Participant named herein with the full legal authority and capacity to enter into this Agreement: 2) I am voluntarily entering this Agreement and I am aware of the dangers and risks associated with the Program; 3) Participant shall comply with all SL safety procedures and protocols as they exist or may be modified by SL; and 4) Participant shall not participate in the Program or visit SL if he or she (i) experiences symptoms of COVID-19, including, without limitation, fever, cough, or shortness of breath, (ii) has a suspected or diagnosed/confirmed case; or (iii) has been in close contact with someone who has a suspected or diagnosed/confirmed case.

7. Assumption of the Risk: I further voluntarily agree and expressly assume the risks of injury and accept sole responsibility for any injury to myself, Participant, or any other member of our household or with whom we have contact. This specifically includes, but is not limited to exposure to or contraction of COVID-19, illness, damage, loss, personal injury, property damage, medical expenses, lost wages or earnings, quarantine requirements, disability, death, emotional distress, or other liability, or expense, of any kind, that I, Participant or any other member of our household may experience or incur in connection with my Participants choosing to participate or attend the Program (“Claims”).

8. Release and Waiver of Claims: To the fullest extent permissible under the law, on behalf of myself, Participant, and our personal representatives, assigns, and heirs, I expressly agree to, remise, release, waive, covenant not to sue, and forever discharge, SL, its affiliated entities, and their respective directors, officers, employees, agents, volunteers and representatives (collectively “Released Parties” and when referred to individually “Released Party”) from any and all Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating, in any way, to Participant’s participation in the Program or any activities related thereto. This specifically includes but is not limited to Claims relating in any way to COVID-19 exposure or contraction, alleged inadequate cleaning or precautions, transmission from other Released Parties or participants, failure to follow policies, protocols, health guidelines, or other injuries relating to the use of equipment, facilities, or participation in the Program. I understand and agree that this release includes any Claims based on the potential or alleged actions, omissions, or negligence of the Released Parties, whether a COVID-19 infection occurs before, during, or after participation in the Program as well as claims for injuries in any way relating to the resumption of activities or use of SL premises, facilities or equipment. Provided however, this paragraph shall not apply with respect to the release of claims for willful misconduct or gross negligence against a Released Party.

9. Indemnification: Additionally, to the fullest extent permissible under the law, I also expressly agree to defend and indemnify all Released Parties from and against any and all Claims by or on behalf of myself or Participant, or any related party, against any Released Parties of which I or Participant are alleged to have caused, in whole or in part, arising from or relating in any way to Participant’s participation in the Program, whether or not also arising from or related, in whole or in part, to any Released Parties alleged negligence or not. This indemnification clause shall not apply with respect to a Released Party for claims based upon that Released Party’s intentional misconduct or other claims for which indemnification of a Released Party is prohibited under the law.

10. The clauses and portions thereof, in this Agreement are severable, if any clause, or portion thereof shall be found to be invalid or unenforceable, that shall not affect the validity of the other clauses or portions thereof which shall remain in full force and effect. This Agreement shall be construed and interpreted in accordance with California law.

11. Furthermore, an electronic, facsimile, or similar representation of a signature shall be regarded as an original signature to this Agreement. This Agreement may be executed and delivered by the exchange of electronic, facsimile or .PDF (or similar) copies of the signed Agreement, which facsimile or .PDF (or similar) copies shall be binding on the parties.

I HAVE CAREFULLY READ AND VOLUNTARY SIGN THIS AGREEMENT AND FURTHER AM AWARE BY SIGNING THIS AGREEMENT I AM VOLUNTARILY RELINQUISHING RIGHTS, ON BEHALF OF MYSELF AND PARTICIPANT, INCLUDING THE POTENTIAL RIGHT TO RECOVER DAMAGES IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE RELATING TO EXPOSURE TO COVID-19 AND OTHER INJURIES FROM THE PROGRAM.