WAIVER AND RELEASE OF LIABILITY

In consideration of being allowed to enter the premises at 1516 Koger Blvd., Richmond, Virginia 23235 (the “Premises”) and participate in any way in the athletic/sports program and related events and activities at the Premises (the “Activity”) and in recognition of the reliance of Bangers and Dinks LLC (the “Company”) hereon, I and any/all other persons registered on this account agree to all the terms and conditions set forth in this Waiver and Release of Liability (“Waiver”).

1. I/We am/are aware and understand that the Activity is a potentially dangerous activity and involves the risk of serious injury, disability, death, and/or property damage. I/We am/are also aware of the highly contagious nature of bacterial and viral diseases, including COVID-19 (collectively, the “Disease”) and the risk that I/we may be exposed to or contract the Disease by being on the Premises and engaging in the Activity, which may result in illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I/We acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of the Company employees or others, including negligent emergency response or rescue operations of the Company. I/We understand that while the Company has implemented measures to reduce the risk of injury from the Activity and the spread of the Disease, the Company cannot guarantee that I/we will not be injured or become infected with the Disease or other infectious diseases while on the Premises or during my participation in the Activity and that being on the Premises and engaging in the Activity may increase my risk of contracting the Disease. NOTWITHSTANDING THESE RISKS, I/WE ACKNOWLEDGE THAT I/WE AM/ARE VOLUNTARILY ACCESSING THE PREMISES AND PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I/WE HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.

2. I/We willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I/we observe any unusual significant hazard during my presence or participation, I/we will remove myself from participation and bring such to the attention of the nearest official or Company employee immediately.

3. I/We hereby expressly waive and release any and all claims, now known or hereafter known, against the Company and its officers, directors, manager(s), employees, agents, affiliates, members, successors, and assigns (collectively, “Releasees”) on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage, or financial loss arising out of or attributable to my/our being on the Premises or participating in the Activity, whether arising out of the negligence of the Company or any Releasees or otherwise. I/We covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence or willful misconduct.

4. I/We, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees incurred by the Company or any other Releasees arising out of or resulting from any claim of a third party related to my being on the Premises or participating in the Activity.

5. While on the Premises, whether as a participant in the Activity or any activities sponsored / co-sponsored by the Company or otherwise, I/we consent to the photography, filming, and/or videotaping of the Activity and the use of the same in Company marketing or promotional materials and communications, in any form or media.

6. Policies and Rules: I/We hereby acknowledge that I/we have read and understand the Company’s rules and procedures (the “Company Rules”) found on the Company’s website at www.bangersanddinks.com. I/We further acknowledge that the Company has the right to change the Company Rules at any time and for any reason. I/We hereby agree to comply with and be bound by the Company Rules, as the same may be amended from time to time.  I/We and/or any Family Students registered on this account’s failure to comply with the Company Rules may result in the termination of your class/lesson.

7. This Waiver constitutes the sole and entire agreement of the Company and me/us with respect to the subject matter contained herein and supersedes all prior contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to subject matter. If any term or provision of this Waiver is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provisions of this Waiver or invalidate or render unenforceable such term or provision in any other jurisdiction. This Waiver is binding on and shall inure to the benefit of the Company and me/us and our respective successors and assigns. All matters arising out of or relating to this Waiver shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction). Any claim or cause of action arising under this Waiver shall be submitted to arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Such arbitration shall be conducted in the City of Richmond, Virginia.

I/WE HAVE READ THIS WAIVER AND RELEASE OF LIABILITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I/WE HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.