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Waiver and Release of Liability

In consideration of my use of any exercise equipment and exercise facilities, including the basketball court, Excel Sports Management Weight Room, batting cage, and other areas in and around 15350 BarrancaParkway (“Equipment and Facilities”) provided for by Excel Sports Management LLC (the “Company”).

I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors
and assigns, that the Company and its subsidiaries, affiliates, employees, officers, directors, associates, insurers, Excel Sports Management LLC, and JLAWBBALL Inc. (“Released Parties”), shall not be liable for any damages arising from personal injuries (including death) sustained by me, on or about the premises, or as a result of the use of the Equipment and/or Facilities, regardless of whether such injuries result, in whole or in part from negligence of the Company, the Released Parties, and/or any third party.

By the execution of this agreement, I accept and assume full responsibility for any and all injuries, damages (both economic and non-economic), and losses of any type, which may occur
to me, and I hereby fully and forever release and discharge the Company and the Released Parties, from any and all claims, demands, damages, rights of actions, or causes of action, present
or future, whether the same be known or unknown, anticipated, or unanticipated, resulting from arising out of the use of the Equipment and Facilities. I expressly agree to indemnify and hold the
Company and the Released Parties harmless against any and all claims, demands, damages, rights of action, of any person or entity, that may arise from injuries or damages sustained by me.

I agree to be solely responsible for the safety and well-being of myself. I understand that the Company and the Released Parties do not provide supervision, instruction, and/or assistance
for the use of the Equipment and Facilities I agree to comply with all rules imposed by the Company and Released Parties regarding the use of the Equipment and Facilities. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment in a manner inconsistent with its intended design and purpose.

I understand and acknowledge that the use of exercise equipment and exercise facilities involves risk of serious injury, including permanent disability and death.

We are not responsible for lost or stolen items in our gymnasiums..