Waiver

RELEASE OF LIABILITY

READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS

In exchange for the participation in the activity of athletic sports program, related events and activities organized by 1st Sports Academy LLC, and/or use of the property facilities and services of 1st Sports Academy LLC , I agree for myself and (if applicable) for the members of my family and my guests, to the following:

1. AGREEMENT TO FOLLOW DIRECTIONS.

agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by 1st Sports Academy LLC, or the employees, representatives or agents of 1st Sports Academy LLC.

2. ASSUMPTION OF THE RISKS AND RELEASE.

recognize that there are certain inherent risks associated with the above described activity and assume full responsibility for personal injury or illness, and further release and discharge 1st Sports Academy LLC for injury, loss or damage arising out of the use of or presence upon the facilities of 1st Sports Academy LLC and its affiliates, whether caused by the fault of myself, my family or my guests, 1st Sports Academy LLC or other third parties.

3. INDEMNIFICATION.

agree to indemnify and defend 1st Sports Academy LLC against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any may arise from the use or presence upon the facilities of 1st Sports Academy LLC and its affiliates.

4. FEES.

agree to pay for all damages to the facilities of 1st Sports Academy LLC and its affiliates caused by any negligent, reckless, or willful actions.

5. MEDICAL AUTHORIZATION.

In the event of an injury or illness to the above mentioned during the above described activities, I give my permission to 1st Sports Academy LLC or to employees, representatives or agents of 1st Sports Academy LLC to arrange for all necessary medical treatment for which I shall be financially responsible. This temporary authority will begin on the agreement to this waiver and will remain in effect until terminated in writing by the undersigned or when the above described activities are completed. 1st Sports Academy LLC shall have the following powers:

a. The power to seek appropriate medical treatment or attention on behalf as may be required by the circumstances, including without limitation, that of a licensed medical physician and/or hospital;

b. The power to authorize medical treatment or medical procedures in an emergency situation; and

c. The power to make appropriate decisions regarding clothing, bodily nourishment and shelter

6. APPLICABLE LAW.

Any legal or equitable claim that may arise from participation shall be resolved under Massachusetts law.

7. ARM’S LENGTH AGREEMENT.

This Waiver Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of the Waiver Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

8. ENFORCEABILITY.

The invalidity or unenforceability of any provision of this Waiver Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity of enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Waiver Agreement.

9. DISPUTE RESOLUTION.

The parties will attempt to resolve any dispute arising out of or relating to this Waiver Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Waiver Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek and alternative form of resolution in accordance with any other rights and remedies afforded to them by law.