BLUE 5 BASKETBALL, LLC
LIABILITY RELEASE

BY SIGNING THIS DOCUMENT (“RELEASE”), I HEREBY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, BLUE 5 BASKETBALL, LLC (“BLUE 5”), A GEORGIA LIMITED LIABILITY COMPANY.

There are certain inherent risks associated with participating in basketball and/or athletic training that cannot be eliminated which may lead to physical or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. These injuries and losses may result from – without limitation – practice, training, competitive play, the acts of others, or training equipment, and may also be caused by or compounded by the actions, omissions, or negligence of Blue 5, including negligent emergency response or the unavailability of (all collectively the “Risks”). All or any of these Risks will be inherent in participating in Blue 5’s basketball camps and training (the “Activities”). HAVING READ AND UNDERSTOOD THIS PARAGRAPH AND APPRECIATING THESE RISKS, and in consideration of my or my minor child’s participation in the Activities, I knowingly and voluntarily affirm that I desire to participate in the Activities and agree on behalf of myself or my minor child (as the case may be if this Release is being signed by a parent or guardian on behalf of a minor):

1. ASSUMPTION OF RISK. MY CHOICE TO PARTICIPATE OR TO ALLOW MY CHILD TO PARTICIPATE IN THE ACTIVITIES IS KNOWING, VOLUNTARY, AND MADE FOR MY PERSONAL ENJOYMENT OR MY CHILD’S PERSONAL ENJOYMENT. I UNDERSTAND THAT PARTICIPATION IN THE ACTIVITIES INVOLVES INHERENT RISKS AND DANGERS OF ACCIDENTS, EMERGENCY TREATMENT, PROPERTY LOSS OR DAMAGE, SERIOUS PERSONAL AND BODILY INJURY, DEATH, AND SEVERE PERSONAL AND ECONOMIC LOSSES. THESE MAY RESULT NOT ONLY FROM MY OWN OR MY CHILD’S ACTIONS, INACTIONS, OR NEGLIGENCE, BUT ALSO FROM THE ACTIONS, INACTIONS, OR NEGLIGENCE OF OTHERS, OR THE CONDITION OF THE FACILITIES OR EQUIPMENT. FURTHER, THERE MAY BE OTHER RISKS NOT KNOWN TO ME OR REASONABLY FORESEEABLE AT THIS TIME. I UNDERSTAND, AND I HAVE CONSIDERED, THE RISKS INVOLVED, AND I VOLUNTARILY AND FREELY CHOOSE TO ASSUME THESE RISKS ON BEHALF OR MYSELF OR MY CHILD.

2.PHYSICAL CONDITION. I certify that I am or my minor child is physically fit and has not been advised to refrain from participating in physical training or sports, including basketball, by a qualified medical professional. I do not know of any health-related reasons or problems as to why I or my minor child should not participate in the Activities.

3.RELEASE FROM LIABILITY. I fully and forever release and discharge Blue 5 and its respective affiliates, officers, managers, members, employees, contractors, agents, and insurers, and all others involved in the Activities (collectively the “Releasees”) from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind (“Losses”), of or to me or my minor child, my or my minor child’s property, or any other person, directly or indirectly arising out of or in connection with my or my minor child’s participation in the Activities, even if due to the ordinary negligence, injudicious act, omission, or other fault of Blue 5. This waiver and release does not extend to claims for intentional misconduct or any other actions that Georgia law does not permit to be released by agreement.

4. COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, or other legal proceeding against Blue 5, nor join or assist in the prosecution of any claim for money or other damages which anyone may have on account of injuries (including death), losses, or damages sustained by me, my child, or other parties, or my or my child’s (or others’) property in connection with my or my child’s participation in the Activities, and I waive any right I may have to do so. This means I cannot sue to hold Blue 5 responsible for any injury, loss, or damage sustained by me my child, or other parties, or my or my child (or others’) property in connection with the Activities, even if due to the ordinary negligence, injudicious act, omission, or other fault of Blue 5.

5. MEDICAL EXPENSES. I hereby consent to receive medical treatment or to provide medical treatment to my child that may be deemed necessary in the event of any illness, accident, injury, or medical emergency resulting from or in connection with my or my child’s participation in the Activities. I understand that I am solely responsible for all costs related to such medical treatment and any related medical transportation. I hereby release, forever discharge, and hold harmless Blue 5 from any claim based on such treatment or other medical services.

6. INDEMNITY. I shall defend, indemnify, and hold harmless the Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party related to my participation in or my child’s participation in the Activities, including any claim related to my own or my child’s own negligence or the ordinary negligence of Blue 5.

7. PUBLICITY. I hereby grant Blue 5, without limitation, the right to use my name or my child’s name and likeness in connection with the Activities for any publicity without further compensation or permission. I hereby grant Blue 5 and its affiliates the irrevocable, worldwide, royalty-free right and permission to take, use, reproduce, publish, distribute, and display photographs, videos, and other recordings of me or my child made during the Activities for any commercial, promotional, marketing, or advertising purposes. I release and hold harmless Blue 5 from any claims, demands, or causes of action that I or my child may have now or in the future arising out of or related to the use of such images or recordings.

8. MISCELLANEOUS. This Release shall be binding upon and enforceable against me, my personal representatives, spouse, successors and assigns, heirs, and next of kin without limitation. If I am signing this Release on behalf of a minor, I represent and warrant that I am the parent or legal guardian of the minor named herein and that I have the full legal authority to execute this Release on behalf of the minor, binding the minor to all terms and conditions contained herein. It is my desire and intent that the words, terms, provisions, covenants, and remedies contained in this Release shall be enforceable to the fullest extent permitted by applicable laws, ordinances, statutes, rules, and regulations. If any portion of this Release is held invalid, the remainder shall not be affected and shall continue in full legal force and effect. That shall include modifying the Release to allow any remaining claims to be waived and released in the event that the inclusion of any particular provision is found to be invalid or contrary to public policy. The terms of this Release and Waiver shall continue from this date forever. This document constitutes the entire agreement between Blue 5 and me and supersedes any previous or contemporaneous discussions or agreements between us in respect of these matters. All matters arising out of or relating to this Release and Waiver shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction). Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the federal or state courts located in Richmond County, Georgia. I hereby consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.

I specifically acknowledge and agree that this document is not intended to be a general release subject to limitations and conditions that would otherwise apply under the law of the State of Georgia, and additionally agree to WAIVE ANY AND ALL GENERAL RELEASE LIMITATIONS PROVIDED BY APPLICABLE LAW OR ANY RIGHTS GRANTED TO ME UNDER THE LAW OF THE STATE OF GEORGIA. THIS RELEASE AND WAIVER SHALL BE CONSTRUED AND INTERPRETED AS BROADLY AS POSSIBLE UNDER THE LAW OF THE STATE OF GEORGIA. BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE COVENANTS AND AGREEMENTS AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE BLUE 5.