I, Participant and Undersigned, HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ALL ACTIVITIES AT Foglio Enterprises LLC d/b/a Sports and Courts, located at 304 Warrendale Road, Wexford, Pennsylvania 15090 (the “Complex”), including but not limited to, any risks that may arise from the negligence or carelessness of Foglio Enterprises LLC, its subsidiaries, affiliates, directors, officers, employees, partners, contractors, agents, representatives, volunteers, successors and assigns (collectively, “Foglio Enterprises LLC”) and/or from dangerous or defective equipment or property owned, maintained, operated or controlled by Foglio Enterprises LLC. I certify that I have not been advised not to participate in activities at the Complex by a qualified medical professional and that there are no health‑related reasons or problems, which preclude my participation in the activities at the Complex. I certify and agree to comply with all federal, state and local guidelines, requirements and safeguards related to the COVID-19 pandemic (“Pandemic”) that apply to me, including, but not limited to, hand-washing, remaining home when sick or living with someone sick, social-distancing, and wearing personal protective equipment, such as face masks. I certify that at the time of, and for twenty-one (21) days prior to, my participation or any physical interaction with the Complex, (A) I have not experienced any COVID-19 symptoms; (B) I have not been under any COVID-19 investigation or restriction; and (C) I do not have any reasonable belief that I have been COVID-19 positive or have been in close contact with a COVID-19 patient. I am duly aware of the risks and hazards inherent upon engaging in or participating in activities at the Complex, including those related to the Pandemic, and I hereby elect to voluntarily enter the Complex, and to engage in or participate in activities at the Complex knowing that said activities or participation may be hazardous. The Undersigned expressly and voluntarily agrees to assume all risk of loss, damage or injury, that may be sustained as a result of such participation and activities at the Complex, including in connection with the Pandemic. I hereby grant the Complex the absolute and irrevocable right and unrestricted permission to use my video or photo for marketing purposes, TV, print, website. In consideration for permitting me to engage in or participate in activities at the Complex, I agree for myself, executors, administrators, heirs, successors, and assigns as follows: (A) I WAIVE, RELEASE, AND DISCHARGE Foglio Enterprises LLC from any and all liability, including but not limited to, liability arising from the negligence of Foglio Enterprises LLC, for my death, disability, personal injury, property damage, property theft, or any other damage or actions of any kind which may affect or impact me in any way arising from the activities at the Complex. Due to the nature of the Pandemic, I expressly and specifically release and forever discharge the Complex from any and all causes of action, claims, demands, liability and other matters of any kind or nature, either in law or in equity, in connection with the Pandemic with full knowledge of the associated risks; (B) I WAIVE, RELEASE, AND DISCHARGE Foglio Enterprises LLC from any and all claims and demands with the use of my photo image; and (C) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE Foglio Enterprises LLC from any and all liabilities or claims made as a result of my participation and activities at the Complex, including all those related to the Pandemic, whether caused by the negligence of Foglio Enterprises LLC or otherwise. This Accident Waiver and Release of Liability Form (“Release Form”) shall be construed in accordance with the laws of the State of Pennsylvania. I agree that this Release Form shall be construed broadly to provide a release and waiver to the maximum extent permissible by law. |