NOTICE: THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN THE FACILITY USER, PARTICIPANT, OR MEMBER ("YOU," "I") AND THE PICKLR, INC. AND ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, "PICKLR"). PLEASE READ THIS AGREEMENT CAREFULLY AND ENSURE THAT YOU FULLY UNDERSTAND ITS TERMS BEFORE SIGNING. BY SIGNING THIS RELEASE, ASSUMPTION OF RISK, PERMISSION AND INDEMNITY AGREEMENT (the "AGREEMENT"), YOU ACKNOWELDGE AND ACCEPT THE TERMS AND CONDITIONS OUTLINED HEREIN. THIS IS A BINDING LEGAL AGREEMENT, AND BY SIGNING, YOU AGREE TO WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO HOLD PICKLR LIABLR IN CERTAIN CIRCUMSTANCES.

1. Waive, release, and discharge, Picklr, its owners, directors, officers, employees, affiliates, subsidiaries, agents, licensees, designees and/or contractors (collectively, the "Released Parties") from any liability for injuries, damages, or losses, including those arising from negligence, related to the use of Picklr Facilities, equipment, or participation in Activities, including but not limited to, events, classes, clinics, tournaments, league play, and observation (collectively, "Activities").

2. Not sue or hold Picklr liable for any claims resulting from personal injury, property damage, illness, or death, whether caused by negligence or otherwise, while participating in any Activities or using Picklr Facilities.

2.1. Acknowledgment of Inherent Risks. I acknowledge and agree that participation at Picklr's Facilities and the use of its premises and equipment involves inherent risks that may not or cannot be eliminated, even with reasonable precautions. These risks include, but are not limited to, the possibility of illness, injury, permanent disability, and/ or death. Picklr has made commercially reasonable efforts to provide safe facilities and equipment; however, I understand and accept that no precautions can fully eliminate the risk associated with these Activities.

4. Voluntary Participation. I voluntarily choose to participate in Activities at Pickir and/or permit my child(ren)/ward(s) to participate, fully aware of the potential risks involved. By engaging in these Activities, I expressly assume all risks, known or unknown, associated with my participation or that of my child(ren)/ward(s). I accept full responsibility for any and all injuries, damages, or losses incurred as a result of participation, whether caused by negligence, the actions or omissions of Pickir or the Released Parties, or any other factor.

a) Personal Injuries. Any physical, mental, or emotional injuries, including minor injuries (e.g., sprains, bruises, scrapes) and major injuries (e.g., broken bones, concussions, torn ligaments, brain injuries, paralysis, or death);

b) Medical Conditions. Aggravation or exacerbation of pre-existing medical conditions or injuries;

c) Health Risks. Risks such as dehydration, heat stress, allergic reactions, or other conditions resulting from physical activity;

d) Emotional and Economic Harm. Emotional distress, embarrassment, humiliation, pain and suffering, loss of consortium or companionship, or loss of income or earning capacity;

e) Property Damage or Loss. Loss, theft, misuses, or damage to personal property, or information; and

f) Other Risks. Any other type of harm, disability, impairment, or loss arising from participation.

3.1. Adequate Insurance and Financial Responsibility. I affirm that I have adequate health insurance coverage or sufficient financial resources to cover any medical costs that may arise as a result of my participation, or my child(ren)/ward(s)'s participation, in Activities at the Picklr Facilities. I understand and agree that I am solely and fully responsible for any and all costs related to emergency or other medical care that I may require due to injury, illness, or any other condition arising from my participation in Activities at the Picklr Facilities, regardless of the cause.

3.2. Release and Indemnification for Medical Costs. I agree to release, waive, indemnify, and hold harmless Picklr and the Released Parties from and against any and all liability, claims, or costs, including those associated with medical care to treatment rendered to me or my child(ren)/ward(s), whether such care is provided at my request, by Picklr, or by any third party in connection with my participation in Activities at the Picklr Facilities. This release applies regardless of whether the injury or condition is caused by the negligence of Picklr, the Released Parties, or any other party.

3.3. Representation of Physical Fitness and Preexisting Conditions. I represent and warrant that I, and any minor participant under my care, am in good physical condition and free from any medical, physical, or mental conditions, including but not limited to, heart, musculoskeletal, respiratory, or other health problems, that could limit or prevent safe participation in any activity at the Picklr Facilities. I assume full responsibility for any consequences of participating in Activities despite any preexisting conditions I may have, whether disclosed or undisclosed.

3.4. Consultation with a Medical Professional. I further acknowledge that is my sole responsibility to consult with a qualified medical professional before engaging in Activities at the Picklr Facilities, particularly if I have any known or suspected medical conditions. I agree that Picklr has no obligation to provide medical evaluations, advice, or treatment as a condition of my participation.

4.1. Grant of Rights. I hereby grant Picklr and the Released Parties an irrevocable, perpetual, worldwide, royalty-free right and permission to use, reproduce, edit, adapt, alter, public, distribute, display, or otherwise exploit my image, name, voice, words, likeness, or other identifying attributes (collectively, "Likeness") for any lawful purpose connected to Picklr, including but not limited to, promotional, marketing, advertising, training, informational, and archival uses, and in any form or medium now known or later developed.

4.2. Ownership of Materials. I understand and agree that any photographs, videos, audio records, or other materials capturing my Likeness (collectively, "Materials") created or 2 obtained by Picker will become the sole property of Picklr. I waive any rights of ownership, compensation, royalties, or any other remuneration related to the use of my Likeness or the Materials.

4.3. Waiver of Review and Approval. I further waive any rights to review, inspect, or approve any use of the Materials or finished products that incorporate my Likeness, regardless of their form, context, or purpose. I acknowledge and agree that Picklr may edit, adapt, or alter the Materials in its sole discretion, and waive any claim or assertion of moral rights or rights of attribution in connection with such uses.

4.4. Release of Liability. I hereby release, discharge, and agree to hold harmless Picklr and the Released Parties from and against any and all claims, demands, liabilities, or causes of action, whether known or unknown, arising out of or related to the creation, use, or distribution of the Materials. This includes, but is not limited to, claims of defamation, invasion of privacy, infringement of publicity rights, or misappropriation.

4.5. Binding Agreement. This release is binding up on me, my heirs, representatives, executors, and any other persons acting on behalf of my estate. I acknowledge that I have read and fully understand the terms of this release and agree to them voluntarily and without coercion.

I hereby agree to indemnify, defend, and hold harmless Picklr and the Released Parties from and against any and all complaints, charges, claims, damages, injuries, losses, costs, liabilities, settlements, and expenses (including reasonable attorney fees and costs) arising out of, related to, or resulting in any way from:

5.1. My Participation: My participation in Activities at, or use of, the Picklr Facilities or Picklr equipment.

5.2. Third-Party Claims: Any claim, demand, or legal action brought by any third party, including but not limited to family members, guests (using Guest Passes or otherwise), minors, or other individuals accompanying me or under my care, arising out of or related to their use of the Picklr Facilities, Picklr equipment, or participation in Activities offered by or through Picklr.

5.3. Guest Liability. Any injury, damage, or loss suffered by, or caused by, any Guest or third party I bring onto or into Picklr Facilities using a Guest Pass or otherwise, including claims brought by the Guest, myself, or any third party as a result of the Guest or third party's actions or participation in Activities at the Picklr Facilities.

5.4. Negligence Claims: Any claims for negligence, including but not limited to those alleging negligence by Picklr or the Released Parties, except where prohibited by law. 

5.5. Responsibility for Defense Costs. I expressly agree to pay all costs incurred by Picklr in defending such claims, including but not limited to settlements, judgements, attorney fees, and other costs arising out of or related to such claims.

If any provision or part of this Agreement is held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, the remaining provisions of the
Agreement shall continue in full force and effect. It is the intention of the parties that the
Agreement be construed to give effect to its purpose and intent, even if any specific
provision is deemed invalid or unenforceable.

7.1. Agreement to Arbitrate. I agree that any and all disputes, claims, or controversies arising out of or relating to this Agreement, or my use of the Picklr Facilities, services, or your membership with Picklr, including but not limited to disputes regarding the validity, enforceability, or interpretation of this arbitration clause (the "Dispute"), shall be resolved exclusively through binding arbitration. This arbitration provision is governed by the Federal Arbitration Act (9 U.S.C. § 1-16) and shall apply notwithstanding any state or local law to the contrary. Arbitration replaces the right to bring a lawsuit in court, including the right to a jury trial or participate in a class action or representative proceeding.

7.2. Arbitration Procedure. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, or another mutually agreed upon arbitration service, and conducted by a neutral arbitrator. The arbitration shall take place in the state of Utah, in a location mutually agreed upon by the parties or, if no agreement can be reached, in Davis County, Utah. If the value of the dispute is $10,000 or less, you may choose whether arbitration will proceed based solely on documents, through telephonic hearing, or by an in-person hearing.

7.3. Class Action Waiver. All Disputes must be arbitrated on an individual basis. You may not bring a claim as a plaintiff or class member in a purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of a class proceeding.

7.4. Severability. If any part of this arbitration provision is found to be invalid or
unenforceable, the remaining provisions shall remain in effect and enforceable to the fullest extent permitted by law.

8.1. Immunity from Civil Liability. I acknowledge and agree that Picklr, to the fullest extent permitted by applicable law, is immune from civil liability for damages, injuries, or claims arising from or related to exposure of COVID-19 or any other communicable disease on premises owned, leased, or operated by Picklr, or during any activity managed, sponsored, or otherwise facilitated by Picklr. This immunity includes, but is not limited to, protections provided under Utah Code Ann § 78B-4-517 and other applicable federal or state immunity laws in jurisdiction where Picklr operates.

8.2. Scope of Immunity. This immunity applies regardless of the legal theory asserted, including but not limited to negligence, premises liability, or breach of duty, except in cases of proven willful misconduct, reckless infliction of harm, or intentional wrongdoing by Picklr.

8.3. Voluntary Assumption of Risk. By signing below, I voluntarily assume all risks associated with exposure to COVID-19 or any other communicable disease while using Picklr Facilities, participating in its Activities, or attending its events.

8.4. Maximum Protection for Picklr. I further agree that this acknowledge, and assumption of risk is intended to provide maximum protection to Picklr against claims of any kind related to communicable disease exposure, consistent with applicable law in the state or jurisdiction where the exposure is alleged to have occurred.

9.1. Sole Responsibility for Proper Use. I understand and agree that it is my sole responsibility to ensure the proper use of clothing, footwear, hydration, alimentation, and equipment when engaging in Activities related to or made available through Picklr's Facilities or equipment. This includes ensuring that all items used by me and/or my child(ren)/ward(s) are properly fitted, appropriate for the activity, and in good condition. 

9.2. Assumption of Risks from Improper Use. I acknowledge that failure to use appropriate clothing footwear, hydration, alimentation, or equipment increase the risk of injury, and I voluntarily assume all such risks for myself and/or my child(ren)/ward(s).

9.3. Limitation of Picklr's Liability. I further agree that Picklr shall not he held labile for any injuries, damages, or claims from improper use, fit, or condition of clothing, footwear, hydration, alimentation, or equipment, whether provided by me, my child(ren)/ward(s), or Picklr, except in cases of proven willful misconduct or gross negligence by Picklr.

9.4. Responsibility for Meeting Requirements. I take full responsibility for ensuring that myself and/or my child(ren)/ward(s) meet these requirements at all times while using Picklr's facilities, participating in its Activities, or utilizing its equipment.

10.1. Acknowledgement of Minor's Capabilities. I, the undersigned, as the parent and/or legal guardian of the minor facility user, participant, or member (the "Minor"), understand and acknowledge the nature of Activities provided by or at the Picklr Facilities. I further attest that I have reviewed the Minor's experience, capabilities, and physical condition, and I believe the Minor is qualified, in good health, and in proper physical condition to participate in such Activities.

10.2. Supervision Requirements for Minors. I understand that all Minors under the age of thirteen (13) must be accompanied and supervised by an adult (age 18 or older) at all times while in the facility during non-instructor-leg programs. These programs include, but are not limited to, open play, tournaments, and social events. I acknowledge that Picklr is not responsible for providing supervision during such non-instructor-led Activities.

10.3. Release and Waiver of Liability. In consideration of the Minor's participation in Activities at or managed by Picklr, I hereby agree to the following:

a) Release and Waiver of Liability. I release, discharge, and covenant not to sue Picklr and the Released Parties from all liability, claims, demands, losses, or damages of any kind arising from or related to the Minor's participation in Activities at Picklr, whether caused in whole or in part by the negligence of the Released Parties of otherwise, including but not limited to negligent rescue operations.

b) Assumption of Risk. I understand that participation in Activities at Picklr involvesinherent risks, including but not limited to physical injury, property damage, or exposure to communicable diseases, and I voluntarily assume all such risks on behalf of the Minor.

c) Indemnification Agreement. I agree to indemnify and hold harmless Picklr and the Released Parties from any claims, litigation expenses, attorney fees, losses, liabilities, damages, or costs arising from any claims brought by or on behalf of the Minor, myself, or any third party relating to the Minor's participation in Activities at Picklr, including claims caused in whole or in part by the negligence of the Released Parties.

d) Additional Acknowledgement of Supervision Compliance. I further acknowledge that failure to comply with the requirement for adult supervision for Minors under the age of thirteen (13) may result in suspension or termination of facility access, and Picklr shall not be liable for any injury or damages arising from such noncompliance.

I, THE UNDERSIGNED PARTICIPANT OR PARENT/GUARDIAN OF THE PARTICIPANT, AFFIRM THAT I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. I ACKNOWLEDGE AND ACCEPT THAT THIS DOCUMENT CONSTITUTES A RELEASE OF LIABILITY AND A BINDING CONTRACT BETWEEN PICKLR AND ME, THE PARTICIPANT OR PARENT/GUARDIAN OF THE PARTICIPANT.

I FURTHER AFFIRM THAT:

1. I AM OF SOUND MIND AND CAPABLE OF UNDERSTANDING THE CONTENTS OF THIS AGREEMENT.
2. I AM NOT UNDER THE INFLUENCE OF ALCOHOL, DRUGS, INTOXICANTS, OR ANY OTHER SUBSTANCE THAT COULD IMPAIR MY ABILITY TO READ, COMPREHEND, OR VOLUNTARILY EXECUTE THIS AGREEMENT.

I ACKNOWLEDGE THAT I HAVE HAD THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL REGARDING THE TERMS OF THE AGREEMENT PRIOR TO SIGNING. I UNDERSTAND THAT NO ORAL OR WRITTEN REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THE TERMS CONTAINED IN THIS AGREEMENT HAVE BEEN MADE TO ME.

BY SIGNING THIS AGREEMENT, I CONFIRM THAT I DO SO FREELY, VOLUNTARILY, AND OF MY OWN FREE WILL, WITHOUT ANY FORM OF COERCION, DURESS, OR UNDUE INFLUENCE. I UNDERSTAND AND ACCEPT THE TERMS AND AGREE TO BE LEGALLY BOUND BY THEM.

By clicking "Submit" or signing this document, I, the undersigned facility user, participant, or member, affirm that I have carefully read, understand, and voluntarily agree to all terms and provisions in this Agreement. I further acknowledge and accept that I am solely responsible for reviewing, understanding, and adhering to all current and future policies, rules, and regulations established by Picklr.

I further agree that my continued participation in Activities, use of the Picklr Facilities, or membership constitutes ongoing acknowledgement of and compliance with this Agreement, and any applicable policies and rules.