RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT

READ CAREFULLY BEFORE SIGNING ELECTRONICALLY

By electronically signing this Release of Liability and Assumption of Risk Agreement, I represent that I am either (1) the parent or legal guardian of the individual (the “Participant”) being allowed to participate in the Brown 5 Athletics (the “Program”) operated by Brown 5 Athletics or (2) the Participant and of legal age.

In consideration of Participant being allowed to participate in the Program, which includes, but is not limited to, non-contact football with rules, staff and training to enforce safe play, player development through “FUNdamentals” approach, strict playing time rules, and Sports Connect powered website and mobile services, I further acknowledge and agree as follows:

1.   Risk of Injury.  I acknowledge and agree that the risk of injury to Participant from the activities involved in the Program is significant including, but not limited to, the potential for permanent disability and death.  While particular rules, equipment, and personal discipline may reduce this risk, I understand and acknowledge that the risk of serious injury does exist.  I further represent that the Participant has been informed of and understands the seriousness of the risks involved in participating in the Program.

2.   Assumption of Risk.  I, on behalf of Participant and/or myself, and if applicable, my spouse or domestic partner and my/our heirs, assigns, personal representatives and next of kin, KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS from my/Participant’s involvement in the Program, both known and unknown, EVEN IF ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF BROWN5 ATHLETICS, its directors, officers, officials, agents, employees, volunteers, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used in conjunction with any aspect of the Program (collectively, the “RELEASEES”), or others, and assume full responsibility for Participant’s participation in the Program.

3.   Release.  I, on behalf of Participant and/or myself, and if applicable, my spouse or domestic partner and my/our heirs, assigns, personal representatives and next of kin, HEREBY WAIVE, FOREVER RELEASE, DISCHARGE, AND AGREE NOT TO SUE THE RELEASEES for personal property damage or physical injury which may be sustained or which occurs during participation in the activities and events of the Program, or that may occur while traveling to or from the activities and/or events of the Program, whether or not such injuries or property damage or loss is caused by, connected to, or arises out of, any acts or omissions of the Releasees.

4.   Indemnity.  I, on behalf of Participant and/or myself, and if applicable, my spouse or domestic partner and my/our heirs, assigns, personal representatives and next of kin, HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASEES from any and all claims, actions, suits, expenses, damages, losses, injuries, liabilities, demands, costs and expenses, including but not limited to reasonable attorney’s fees and other litigation costs, WITH RESPECT TO ANY AND ALL INCIDENTS, INJURY, DISABILITY, DEATH, or loss or damage to person or property, incident to or related in any way to my/Participant’s involvement or participation in the Program, including, but not limited to any medical-related expenses, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

5.   Full Compliance with Program.  I willingly agree to comply with the Program’s stated and customary terms, conditions, rules and regulations for participation including, but not limited to, execution of a Medical Treatment Consent and/or Emergency Medical Authorization and other registration requirements.  If I observe or become aware of any unusual and/or significant concern with respect to my/Participant’s readiness for participation in the Program itself, I will remove myself/Participant from the Program and immediately bring such concern to the attention of the closest available representative of the Program.  I further represent that Participant has been informed of and understands that Participant is required to comply with the Program’s stated and customary terms, conditions, rules and regulations for participation, and that Participant agrees to do so.

6.   Severability.  If any portion of this Release of Liability and Assumption of Risk Agreement is found to be unenforceable, the smallest possible part shall be removed, and all other portions and provisions shall remain fully valid and enforceable.

7.   Disputes.  This Release of Liability and Assumption of Risk Agreement shall in all respects be interpreted, construed, and governed by the laws of the State of Washington.  In the event of a lawsuit arising from or related to the terms of this Agreement, the substantially prevailing party shall be entitled to reasonable costs and attorney’s fees.  Jurisdiction and venue for any such lawsuit shall reside exclusively in the State of Washington, King County Superior Court, Seattle location.

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