sustainable sport foundation corp. (“ssf”) PARTICIPANT WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AND IMAGE RIGHTS RELEASE AGREEMENT (THE “AGREEMENT”).

In consideration of sustainable sport foundation corp. (including its subsidiaries, affiliates and ownership entities, “ssf”) allowing me or my child/ward (the “Minor”) to participate as a competitor, volunteer, staff member and/or spectator (any of the foregoing, a “Participant”) in any event operated by or sponsored by ssf, including, but not limited to, athletic competitions, games, tournaments, practices, camps, clinics, tryouts and related activities (each, a “Program”), I, on behalf of the Participant, acknowledge, voluntarily accept and agree to the following:

1. I hereby represent, agree and acknowledge that: 

    a) If Participant is a Minor, that I am the parent or legal guardian of Participant;

    b) The Participant is in good health and in sufficient physical condition to participate in the Program; 

    c) The Participant is not under the influence of alcohol or illicit or prescription drugs which would in any way impair Participant's ability to safely participate in the Program; 

    d) It is my sole responsibility to determine whether the Participant is sufficiently fit and healthy enough to participate in the Program; and

    e) I am responsible for the Participant's safety and well-being at all times and under all circumstances at the Program.

2. Notice of Risk. I understand and acknowledge the risks associated with Participant’s participation in the Program may include, without limitation: lightheadedness or fainting; bodily injury; abnormalities of blood pressure or heart rate; heart attack; disease or sickness, including COVID-19 or any other disease resulting from the SARS-CoV-2 virus; permanent disability, paralysis or death; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other participants, coaches, umpires, officials, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect field conditions; land, water and surface hazards; equipment failure; participants of varying skill levels; situations beyond the immediate control of the Program Organizers; and other undefined, not readily foreseeable and presently unknown risks and dangers (the “Risks”). While particular rules, equipment and/or personal discipline may reduce the Risks, the Risks do exist, and I understand that these Risks may be caused in whole or in part by Participant's own actions or inactions, the actions or inactions of others participating in the Program, or the negligent acts or omissions of the Program Organizers (defined below). The Risks include, but are not limited to, Participant injuries such as bruises, cuts and scrapes and more serious injuries including concussions, sprains, strains, fractures, over-use syndrome, broken bones, dislocation of joints, muscle pulls and ligament/tendon damage.

3. Compliance with Rules. I understand that Participant is required to be familiar with and to abide by the rules and regulations established for the Program, including but not limited to the ssf Code of Conduct, any competitive rules established for the Program, and any safety regulations established for the benefit of all participants. I agree, on behalf of myself and Participant, that the Participant will comply with any terms and conditions for participation in a Program and I accept sole responsibility for the conduct and actions of Participant while they are participating in the Program. 

4. COVID-19:By signing this Agreement, I acknowledge the contagious nature of the SARS-CoV-2 virus (the “novel coronavirus” or “COVID-19”) and voluntarily assume the risk that Participant may be exposed to or infected by the novel coronavirus by attending and/or participating in the Program, and that such exposure or infection may result in personal injury, illness, permanent disability, or death. I knowingly and voluntarily agree to comply with all COVID-19-related safety and risk mitigation practices required by applicable law and Program Organizers, whether communicated verbally or in writing. Such practices may include but are not limited to: (i) recognized social distancing practices; (ii) wearing a face mask; (iii) washing hands and/or using hand sanitizer frequently and avoiding touching of the face, and (iv) complying with other applicable laws, rules and regulations. I acknowledge that Participant’s compliance with these safety and mitigation practices is not only for Participant’s own benefit but also for the benefit of other Program participants and the Program Organizers. I further agree that I, on behalf of myself and Participant, will neither attend nor participate in an Program if Participant has, in the past 10 days: (a) been tested for or have a suspected or confirmed case of COVID-19; (b) experienced any symptoms of COVID-19 including, without limitation, fever, cough or shortness of breath; or (c) been exposed to or in close contact with a person known to have COVID-19 (or any known symptoms thereof). 

5. Assumption of Risk. AFTER THE OPPORTUNITY TO FULLY INFORM MYSELF ABOUT THE PROGAM, ON BEHALF OF MYSELF AND PARTICIPANT, I EXPRESSLY ASSUME AND ACCEPT ALL RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OR ACT OR OMISSIONS OF THE PROGRAM ORGANIZERS. On behalf of myself and Participant, I hereby expressly assume all responsibility for any damages, liabilities, losses or expenses which may be incurred as a result of Participant's participation in any Program.

6. Release from Liability. To the fullest extent permissible by applicable law, I, on behalf of MYSELF AND Participant, and Participant’s heirs, assigns, spouses, partners, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT NOT TO SUE, and FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS: sustainable sport foundation corp., its member athletes, clubs, coaches, umpires, trainers, and officials; the owners, directors, organizers, promoters, sponsors and advertisers of the Program; the owners and operators of the host facility/venue where the Program takes place; and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, shareholders, members, agents, employees, contractors and volunteers, and, as applicable, any respective successors, heirs, or assigns of any of the foregoing (collectively, the “Program Organizers”) WITH RESPECT TO ANY SUITS, LIABILITIES, CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES OR EXPENSES (INCLUDING COURTS COSTS AND REASONABLE ATTORNEY’S FEES) WHICH MAY ARISE OUT OF PARTICIPANT’S PARTICIPATION IN THE PROGRAM, WHETHER ARISING FROM THE NEGLIGENT OR WILLFUL ACTIONS OR OMISSIONS OF THE PROGRAM ORGANIZERS OR OTHERWISE (THE “LIABILITIES”). I further agree that if, despite this Agreement, Participant, or anyone on Participant's behalf, makes a claim for Liability against any of the Program Organizers, I will indemnify, defend and hold harmless each of the Program Organizers from any such Liabilities which any may be incurred as the result of such claim. 

7. Physical Health. I, on behalf of Participant, warrant and agree that: 

     a) I am of legal age and have legal authority to sign on behalf of Participant; 

     b) Participant is free from all illnesses (including, without limitation, COVID-19), injuries and defects that could interfere with any person’s (including his or her) safe participation in an Program;

     c) It is my responsibility to ensure that the Participant is in sufficient physical condition to participate in the Program without risk to the Participant’s health or life, and sufficiently trained to participate in all activities associated with the Program; and 

     d) on the date of the Program, Participant will possess and be covered by sufficient medical/health insurance, individually or as part of an organization.

I acknowledge that I am aware and informed of the Risks, that Participant’s participation in the Program is entirely voluntary, and that ssf does not conduct health or fitness checks on Program participants.

8. Consent to Medical Care. I understand that Programs may be staffed by athletic trainers and other medical staff (each, a “Medical Professional”) to treat injuries. I, on behalf of myself and Participant, consent to the administration of first aid, CPR and other medical treatment and services (including evacuation/transport) (collectively, “Medical Care”) by Medical Professionals, in the event of Participant’s injury or illness in connection with participating in the Program. I, on behalf of MYSELF AND Participant, hereby release and indemnify Program Organizers AND MEDICAL PROFESSIONALS from any and all liability or claims arising out of thE PROvision of medical care to Participant. I understand that no such Medical Care may be available, but if it is, I assume sole liability for any and all medical expenses incurred as a result of Participant’s participation in the Program. I additionally consent to allow Medical Professionals to share relevant information related to Participant’s participation in the Program with ssf staff, coaches and other medical personnel.

9. Concussion Information. I acknowledge that I have read and understand the CDC Concussion Information Sheet.

10. Force Majeure. Program Organizers reserve the right, in their sole determination, to postpone, cancel, or modify the Program due to factors beyond the control of the Program Organizers, especially any such factors that might affect the health and/or safety of the Program participants, including, without limitation, cancellations due to COVID-19 related regulations or requirements. ssf will not be obligated to refund any Program participant any registration or related fees due to a cancelled or rescheduled Program. 

11. Use of Name and Likeness. I, on behalf of myself and Participant, hereby grant to ssf its contractors, employees, agents, sponsors and advertisers (the “Content Owners”):

     a) Unlimited and irrevocable permission to film, record, use, reproduce, sell, broadcast, livestream disseminate and distribute any and all photographs, images, videotapes, motion pictures, audio or video recordings, or any other depiction of Participant’s participation in an Program or related activity for any legitimate purpose (collectively, the “Content”) in perpetuity, and I understand that Participant will not be entitled to any compensation in connection therewith; 

     b) Unlimited and irrevocable permission to telecast, sell, distribute, and otherwise utilize the Content for promotional, commercial, college recruiting, or other purposes Content Owners shall deem appropriate; and

     c) Unlimited and irrevocable rights to use Participant’s name, nickname, image, likeness, voice, photograph, signature facsimile, and biographical information in connection with the Content. 

     d) I acknowledge that Content Owners shall have unlimited right throughout the world to copyright, use, reuse, publish, republish, broadcast and otherwise distribute the Content or any portion of the Content on any and all radio, network, cable and local television programs and in any print materials and in any other format or media (including electronic media) now known or hereafter devised in perpetuity and without compensation to me or Participant.

12. Severability. If any of the provisions of this Agreement is held by a court or arbitrator to be invalid, void, or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. This Agreement is binding on and shall inure to the benefit of the Program Organizers and me and our respective heirs, personal representatives, executors, successors, and assigns.

13. Governing Law. This Agreement, and any dispute with respect thereto, shall be governed by and construed in accordance with the laws of the State of Delaware (regardless of the laws that might otherwise govern under applicable Delaware principles of conflicts of law).

I warrant that I am of legal age, am authorized to enter into this Agreement on behalf of Participant and:

1. I have carefully READ and FULLY understand the terms and conditions of this Agreement; 

2. I understand that I have given up, on behalf of MYSELF AND Participant, substantial rights BY SIGNING THIS AGREEMENT; 

3. I accept and digitally sign thIS Agreement freely and voluntarily without any inducement OR assurance; and 

4. I completeLY and unconditionalLY accept the terms and conditions of this Agreement.