PARTICIPANT WAIVER

Assumption of Risk, Waiver, Release, and Indemnification Agreement

This Assumption of Risk, Waiver, Release, and Indemnification Agreement ("Agreement") is entered into by the undersigned participant (the "Participant") - or, if the Participant is under eighteen (18) years of age, by his/her parent or legal guardian - in favor of KG Elite Sports Company LLC, a Connecticut limited liability company, with its principal office located at 282 Quarry Road, E-H, Milford, Connecticut 06460 (the "Company" or the "Facility"

By executing this Agreement, the Participant acknowledges that participation in the Company's facility and programs is conditioned upon acceptance of the terms set forth herein.

1. ACKNOWLEDGMENT AND ASSUMPTION OF RISK

The Participant understands and acknowledges that participation in activities at or sponsored by the Facility involves inherent, obvious, and or unavoidable risks, which may not be eliminated without fundamentally altering the nature of the activities ("Hazardous Activities" Such risks include but are not limited to: bodily injury (ranging from minor sprains and strains to catastrophic injury or death), illness, property loss or damage, psychological distress, and financial loss. Risks may arise from physical exertion, collisions, equipment or facility defects, the actions of other participants, or the ordinary negligence of the Company or its staff. The Participant freely and voluntarily assumes all such risks, whether known or unknown, foreseen or unforeseen, associated with Hazardous Activities. This assumption includes responsibility for any resulting injury, illness, disability, death, property damage, or financial loss.

2. WAIVER AND RELEASE OF LIABILITY

For purposes of this Agreement, the term Hazardous Activities shall include, without limitation, all sports, training, exercise, recreational use, and social events conducted at or sponsored by the Facility, whether structured or informal. This includes but is not limited to: competitive games, practices, scrimmages, weight and cardiovascular training, drills, running, jumping, use of gym equipment, collisions with other participants or equipment, slipping, tripping, falling, strenuous exertion, and incidental use of the Facility or its equipment. Hazardous Activities also include risks inherent in the conduct of others, the condition of the Facility, and the acts or omissions of the Company or its staff, whether negligent or otherwise. To the fullest extent permitted by law, the Participant hereby releases, waives, acquits, and forever discharges the Company and its members, managers, officers, employees, agents, contractors, successors, and assigns (collectively, the "Releasees") from any and all claims, liabilities, demands, or causes of action, whether at law or in equity, for personal injury, illness, disability, death, property damage, or financial loss arising out of or relating to the Participant's involvement in Hazardous Activities. This waiver expressly applies to claims arising from the ordinary negligence of the Company or Releasees. Nothing herein waives claims of gross negligence or willful misconduct to the extent prohibited by Connecticut law. 

3.INDEMNIFICATION AND HOLD HARMLESS

The Participant agrees to indemnify, defend, and hold harmless the Releasees against any and all claims, demands, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) asserted by third parties, arising in whole or in part from the Participant's participation in Hazardous Activities.

This indemnification obligation includes, without limitation, claims for injury or damage caused by the Participant's conduct, whether negligent, reckless, or intentional.

4. MEDICAL AUTHORIZATION AND RESPONSIBILITY

The Participant authorizes the Company and its representatives to secure medical care or treatment deemed reasonably necessary in the event of an accident, illness, or emergency. The Participant (or parent/guardian) acknowledges that all medical costs, including treatment, transport, and related expenses, are the sole responsibility of the Participant, and that the Company does not provide medical, health, or accident insurance for participants. To the fullest extent permitted by law, the Participant releases and holds harmless the Releasees from any claims arising from medical treatment or the lack thereof, including claims of negligent emergency response.

Allergies & Medical Conditions:

The Participant (or Parent/Guardian on behalf of the Participant) is responsible for informing KG Elite Sports Co. of any known allergies, medical conditions, or special needs at least 7 days prior to the scheduled party. KG Elite Sports Co. does not provide food or beverages directly; however, Participants and their guests may bring in outside food and drinks. The Participant and Parent/Guardian understand that KG Elite Sports Co. cannot guarantee an allergen-free environment and shall not be held liable for allergic reactions, medical incidents, or exposure to allergens from items brought in by Participants, guests, or third-party vendors.

 

 

5. USE OF LIKENESS

The Participant expressly and irrevocably grants to the Company, its affiliates, licensees, successors, and assigns the absolute, perpetual, worldwide, royalty-free right and permission to photograph, film, record, or otherwise capture the Participant's image, voice, likeness, or performance in connection with Hazardous Activities (the "Media" The Company may use, reproduce, distribute, publish, display, broadcast, adapt, modify, create derivative works from, and otherwise exploit the Media in any medium now known or hereafter developed, for any lawful purpose, including but not limited to advertising, promotion, marketing, and education. The Participant waives any right to compensation, royalties, or other remuneration, and any right to inspect or approve the Media or its uses.

To the fullest extent permitted by law, the Participant releases and holds harmless the Company and its designees from any and all claims relating to the use of the Media, including claims for invasion of privacy, appropriation, defamation, or misrepresentation. This grant is a condition of participation. A Participant (or parent/guardian) who wishes to opt out of Media use must provide written notice to the Company prior to participation. The Company will use reasonable efforts to honor such requests but cannot guarantee exclusion from incidental appearance in group or background footage. The Participant agrees to abide by all facility rules, regulations, and instructions issued by the Company or its staff. The Company reserves the right to immediately suspend or revoke participation privileges without refund for unsafe, reckless, or disruptive conduct, or for violation of facility rules.

7.SCOPE AND DURATION

This Agreement applies to the Participant's involvement in Hazardous Activities as follows:

• Seasonal Leagues: all practices, games, and related Hazardous Activities for the duration of the league
• General Facility Use: all Hazardous Activities (e.g., training sessions, open gym) during the Participant's period of active membership or enrollment;
• Single-Event Programs: Hazardous Activities associated with the specific event or private gathering for which the Participant registers.
  
  This Agreement remains effective for the applicable period unless superseded by a subsequent agreement.

8. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed exclusively by and construed in accordance with the laws of the State of Connecticut, without regard to conflict-of-law principles. Any action or proceeding arising out of or relating to this Agreement shall be brought solely in the courts of the State of Connecticut, and the Participant irrevocably submits to the jurisdiction of such courts.

9. ARBITRATION OF DISPUTES AND ATTORNEYS' FEES

The Participant (and, if applicable, the parent/guardian on behalf of a minor Participant) agrees that any and all claims, disputes, or controversies arising out of or relating to this Agreement, participation in Hazardous Activities, or use of the Facility shall be resolved exclusively by final and binding arbitration.

Such arbitration shall be conducted pursuant to the Federal Arbitration Act and in accordance with the rules of the American Arbitration Association ("AAA") Consumer Arbitration Rules then in effect, except as modified herein. The arbitration shall be conducted by a single neutral arbitrator. Judgment on the arbitration award may be entered in any court of competent jurisdiction in the State of Connecticut. Each party shall initially bear its own costs and attorneys' fees.

However, in any arbitration, action, or proceeding arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, arbitration costs, and expenses, in addition to any other relief to which it may be entitled, except as otherwise prohibited by applicable law. Notwithstanding the foregoing, the Company retains the right to pursue equitable or injunctive relief in the courts of the State of Connecticut for the protection of its confidential information, intellectual property, proprietary rights, or publicity rights. By signing below, the Participant (and parent/guardian, if applicable) expressly acknowledges and agrees that this provision constitutes a waiver of the right to a trial before a judge or jury, and that arbitration is the exclusive forum for resolving covered disputes.

10. SEVERABILITY

If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to render it enforceable, and the remaining provisions shall remain in full force and effect.

11. ACKNOWLEDGMENT OF UNDERSTANDING

The Participant affirms that they have carefully read this Agreement, fully understand its terms, and acknowledge that substantial legal rights are being waived, including the right to sue the Company or Releasees for claims arising from Hazardous Activities.

The Participant (and parent/guardian, if applicable) represents that this Agreement is executed knowingly, voluntarily, and without inducement, and with the intent that it be a complete and unconditional release of liability to the fullest extent permitted by law.

Participant (if age 18 or older): Name (print):

If Participant is a Minor (under age 18): I am the parent or legal guardian of the above-named minor. I consent to their participation in Hazardous Activities and agree, on behalf of the minor and myself, to all terms of this Agreement.