OPEN GYM, LLC BASKETBALL PROGRAM

RELEASE AND WAIVER OF LIABILITY

AND INDEMNITY AGREEMENT

IN CONSIDERATION of being permitted to participate in OPEN GYM, LLC’S Basketball Program, planned and directed by OPEN GYM, LLC, (OPEN GYM)  including the training, use of various facilities or equipment and or participation in any way in the various basketball clinics, conditioning, training sessions, leagues, games and all related activities and programs conducted by OPEN GYM, the PARTICIPANT for himself or herself and any personal representatives, heirs, and next of kin, hereby agrees to the following:

1. THE PARTICIPANT HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE OPEN GYM, its officers, employees, board and agents (hereinafter referred to as “Released Parties”), from any and all liability to the undersigned, his or her representatives, assigns, heirs and next of kin for any loss or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the PARTICIPANT while the undersigned participates in the above basketball and training activities sponsored, planned, directed and or conducted by OPEN GYM.

2. THE PARTICIPANT HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Released Parties  and each of them form any loss, liability, damage or cost they may incur due to the participation of the PARTICIPANT in the above basketball and training activities sponsored, planned, directed and or conducted by OPEN GYM.

3. THE PARTICIPANT HEREBY ASSUMES FULL RESPONSIBILITY FOR RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE while participating in the above basketball and training activities sponsored, planned, directed and or conducted by OPEN GYM.

4. THE PARTICIPANT IS AWARE THAT PARTICIPATION IN ATHLETIC ACTIVITIES PRESENTS A RISK OF PHYSICAL HARM.   The undersigned is also aware that an injury may result while participating in basketball and training activities.  The undersigned is aware of the risk that any part of his or her body or any of his or her body systems may be hurt or injured by participating in the above basketball and training activities.

5. THE PARTICIPANT further expressly agrees that the foregoing RELEASE, WAIVER AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect.

6. THE PARTICIPANT hereby consents to and gives OPEN GYM permission and authorization to use and photograph, video recording, audio statements or other media representation of PARTICIPANT'S participation in any OPEN GYM event or activity in any OPEN GYM promotional materials, publications, videos and or on OPEN GYM website.

THE PARTICIPANT HAS READ AND VOLUNTARILY AGREES TO THIS RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements or inducements apart from the foregoing written agreement have been made.

If my CHILD/PARTICIPANT is a minor I hereby agree to all of the foregoing terms and provisions on behalf of the minor participant as his/her authorized parent/guardian.