IN CONSIDERATION OF the risk of injury that exists while participating in or attending any athletic undertaking at or around 1077 22^nd Road Grand Junction, Colorado 81505 (the “Facility”), including without playing or watching pickleball (hereinafter the “Activity”); and IN CONSIDERATION OF my desire to participate in or observe said Activity and/or being given the right to participate in same;

1. I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, “Releasor,” “I” or “me,” knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY (this “Agreement”) and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and release and forever discharge all the individuals, entities, and parties: David Migliaccio and  Jessica Migliaccio residing at 1112 22^nd Road, Grand Junction, Colorado, 4M Holdings, LLC, with a place of business 2384 Leland Avenue, Grand Junction, Colorado and 1077 22^nd Road Grand Junction, Colorado 81505, and Komodo Pickleball, Inc., with a place of business at 2384 Leland Avenue, Grand Junction, Colorado, along with each of their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, members, shareholders, officers, directors, successors and assigns (collectively the “Releasees”), from any physical and/or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.

2. I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK.  I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN AND/OR OBSERVING THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL (INCLUDING WITHOUT LIMITATION, SCRAPES, BROKEN BONES, SPRAINS, STRAINS, CUTS AND CONTUSIONS, HEART ATTACK, STROKE, SEIZURE, MUSCLE DAMAGE, PERMANENT INJURIES, DISMEMBERMENT, BLINDNESS, AND/OR DEATH, ALONG WITH ANY OTHER BODILY HARM), AND/OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, HEART ATTACK, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC AND/OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.  THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

3. I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf and/or on behalf of my family members, heirs, assigns, successors, or otherwise, further including attorney’s fees and any related costs.  In the event that any damage to equipment or facilities occurs as a result of my or my family’s or my agent’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness. 

4. I further acknowledge that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or Activity on behalf of Releasees. In the event that I should require medical care or treatment, I authorize Releasor to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.  To the extent that statute or case law does not prohibit releases for ordinary negligence, this release also releases such negligence on the part of Releasees, its/his/her/their agents, and employees.  To the fullest extent permitted by applicable law, the Releasor will hold harmless and indemnify the Releasees against any and all claims and actions arising out of Releasor’s participation in the Activity, including, without limitation, expenses, judgments, fines, settlements and other amounts actually and reasonably incurred in connection with any liability, suit, action, loss, or damage arising or resulting from the Releasee’s participation in the Activity, subject to the limits on indemnification described below.  

5. Each party signing this Agreement represents and warrants that they are duly authorized and have legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized, and that this Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms.  This Agreement may only be changed or supplemented by a written amendment, signed by authorized representatives of each party.  I agree that this Release shall be governed for all purposes by Colorado law, without regard to any conflict of law principles. Federal and State courts located in Colorado shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement.  This Release supersedes any and all previous oral or written promises or other agreements.  THE PARTIES EXPRESSLY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY CLAIM, MATTER, OR LEGAL DISPUTE ARISING UNDER THIS AGREEMENT.

6. The waiver of any breach or violation of any term or condition hereof shall not affect the validity or enforceability of any other term or condition, nor shall it be deemed a waiver of any subsequent breach or violation of the same term or condition. No waiver of any right or remedy under this Agreement shall be effective unless made in writing and executed by the Releasees. The rights and remedies of the Parties to this Agreement are cumulative and not alternative.  This Agreement constitutes the entire Agreement between the Parties, replacing all other written and/or previous agreements.  The Parties acknowledge that this Agreement is reasonable, valid and enforceable. However, if any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the Parties’ intent that this Agreement shall not be invalidated, and instead, such provision shall be changed in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

7. The title of the Agreement and the headings of its Sections are included for convenience and shall not affect the meaning of the Agreement or the Section.  If any legal proceeding is brought by a Releasee for the enforcement of this Agreement, the Releasor shall be entitled to recover reasonable attorney’s fees and court costs incurred in connection with such legal proceeding. This Agreement shall be binding upon and shall inure to the benefit of the Parties, their respective successors and assigns.  

8. I hereby understand and acknowledge that the training, programs and events held by the any Releasee in the Activity may expose me to many inherent risks, including accidents, injury, illness, or even death.  I assume all risk of injuries associated with participation including, but not limited to, falls, contact with other participants, the effects of the weather, including altitude sickness, low oxygen levels related to the altitude, high heat and/or humidity, and all other such risks being known and appreciated by me. I hereby acknowledge my responsibility in communicating any physical and psychological concerns that might conflict with participation in Activity, to seek prior medical approval for any Activity in which I participate in, and to refrain from any Activity that is or could be adverse to my health.  I acknowledge that I am physically fit and mentally capable of performing the physical Activity of which I choose to participate.  After having read this waiver and knowing these facts, and in consideration of acceptance of my participation in the Activity, I agree, for myself and anyone entitled to act on my behalf (and/or anyone upon whose interest I act upon), to HOLD HARMLESS, WAIVE AND RELEASE the Releasees its officers, agents, employees, organizers, representatives, and successors from any responsibility, liabilities, demands, or claims of any kind arising out of my participation in the Activity, including without limitation,  training, programs and/or events. By my signature I indicate that I have read and understand this Waiver of Liability. I am aware that this is a waiver and a release of liability and I voluntarily agree to its terms.

9. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

10. This Agreement may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.

THE UNDERSIGNED HAVE READ, UNDERSTAND and ACCEPT THIS AGREEMENT, and by signing this Agreement, all Parties agree to all of the aforementioned terms, conditions and policies.