Waiver of Liability and Release of Claim

Fröhlich Sports Academy Waiver of Liability and Release of Claim

Before using our facilities or participating in our programs, you must first accept our waiver and release of liability as well as our financial policies as stated below.
Please review these policies and then check "I agree" to each of the policy sections, after that please fill out the information to record your electronic signature.

Medical Release
Pursuant to the provisions of sections 6910 et seq. of the California Family Code, and other applicable laws, I hereby authorize Fröhlich Sports Academy and TriFytt Sports LLC to procure and consent to, medical, hospital or dental care for myself or my child in the event of injury as a result of participation in this program.

Photo/Video Release
I hereby agree to allow the use of my child(ren)’s photograph and/or video for future program publicity.

Waiver and Release of Liability
In consideration of my participation, I hereby release, discharge and covenant not to sue the Fröhlich Sports Academy and TriFytt Sports LLC, its officers, employees and volunteers, from any and all present and future claims, demands, actions, or causes of action resulting from any accidents, injuries, deaths, or loss of and/or damage to my/our person(s) or property arising out of or connected with my/our participation in the above activity(ies) (except for claims legally caused by the sole negligence or willful misconduct of Fröhlich Sports Academy and TriFytt Sports LLC or others listed above). I hereby voluntarily waive any and all claims resulting from negligence, both present and future, that may be made by me, my family, estate, heirs, or assigns. Further, I am aware that this activity may involve certain risks or possible dangers, including death, and that equipment provided for my protection may be inadequate to prevent serious injury. I am voluntarily participating in this activity with knowledge of the danger involved and hereby agree to accept any and all inherent risks of property damage, personal injury, or death. I further agree to indemnify and hold harmless the Fröhlich Sports Academy and TriFytt Sports LLC and others listed above for any and all claims arising as a result of my engaging in this activity. I understand that this waiver is intended to be as broad and inclusive as permitted by the laws of the State of California and agree that if any portion is held invalid, the remainder of the waiver will continue in full legal force and effect. I further agree that the venue for any legal proceedings shall be in California. I affirm that I am of legal age and am freely signing this document.

I Agree

FINANCIALS:

Credit Card Payment Authorization
I certify that I am an authorized user of this credit card and will not dispute these scheduled transactions; as long as the transactions correspond to the terms indicated in this authorization form.

Monthly Memberships/Recurring Credit Card Payment Authorization
I authorize regularly scheduled charges to my credit card on file. I will be charged the amount for the class that I signed up for on the 1st of each month or the date of renewal noted in the contract agreement. A reminder for payment will be emailed 4 days prior to the due date, and a receipt for each payment will be provided as well via email.

Declined Payments
If for any reason my payment doesn’t go through, I authorize FRO Basketball Academy to run my card again 4 days after the initial due date. If second attempt fails, a late fee of $25 will be applied.

Late Cancel/No Show Policies For Private Lessons
- If you cannot attend a session you have booked, you have 24 hours to cancel the class in order to receive the credit back to your account.
- Any cancellation after the 24 hr window will result in a loss of that credit from your package.

Membership Cancellation
I understand that the autopay authorization will remain in effect until I cancel it in writing and I agree to notify Fröhlich Sports Academy in writing of any changes in my account information at least 4 days prior to the next billing date. Cancellation email has to be sent to ap@froacademy.com at least 4 days prior to the next billing date to avoid being auto-debited for the upcoming billing month. If not received by this date, you will be billed for the following month and the requested cancellation will take effect thereafter.

Refunds
Once a package is purchased it is non-refundable and non-transferable (to other accounts). Please note the expiration date upon purchasing.

I Agree

COVID-19 ACKNOWLEDGEMENT

The undersigned acknowledges that novel coronavirus (''COVID-19'') infections have been confirmed throughout the United States, including several cases in California. In accordance with the most recent guidance and protocols issued by the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC) for slowing the transmission of COVID-19, the undersigned hereby agrees, represents, and warrants that neither the undersigned nor such participating children shall visit or utilize the facilities, services, and programs of the FRO (other than any exclusively online services and programs) within 14 days after (i) returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii) exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or (iii) exposure to any person who has a suspected or confirmed case of COVID-19 prior to utilizing the facilities, services, and programs of the FRÖHLICH SPORTS ACADEMY, on a daily basis if necessary.

The undersigned hereby agrees, represents, and warrants that neither the undersigned nor such participating children shall visit or utilize the facilities, services, and programs of the FRÖHLICH SPORTS ACADEMY if he or she (i) experiences symptoms of COVID-l9, including, without limitation, fever, cough or shortness of breath, or (ii) has a suspected or diagnosed/confirmed case of COVID-19.

The undersigned agrees to notify the FRÖHLICH SPORTS ACADEMY immediately if he or she believes that any of the foregoing access/use restrictions may apply. The FRÖHLICH SPORTS ACADEMY has taken certain steps to implement recommended guidance and protocols issued by the Public Health Agencies for slowing the transmission of COVID-19, including, without limitation, the access/use restrictions set for the above. The undersigned acknowledges and agrees that the FRÖHLICH SPORTS ACADEMY may revise its procedures at any times and further agrees to comply with the FRÖHLICH SPORTS ACADEMY's revised procedures prior to utilizing the facilities, services, and programs of the FRÖHLICH SPORTS ACADEMY. The undersigned further acknowledges and agrees that, due to the nature of the facilities, services, and programs offered by the FRÖHLICH SPORTS ACADEMY, social distancing of 6 feet per person among children may not be possible.

The undersigned fully understands and appreciates both the known and potential dangers of utilizing the facilities, services, and programs of the FRÖHLICH SPORTS ACADEMY and acknowledges that use thereof by the undersigned and/or such participating children may, despite the FRÖHLICH SPORTS ACADEMY's reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.

IN FURTHER CONSIDERATION OF BEING PERMITTED TO ENTER THE FRÖHLICH SPORTS ACADEMY FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO, OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY ON-SITE OR OFF-SITE PROGRAM AFFILIATED WITH THE FRÖHLICH SPORTS ACADEMY, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:

THE UNDERSIGNED, ON HIS OR HER BEHALF AND ON BEHALF OF SUCH PARTICIPATING CHILDREN, HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the FRÖHLICH SPORTS ACADEMY & TRIFYTT SPORTS LLC, its directors, officers, employees, volunteers and agents from all liability to the undersigned or such participating children and all personal representatives, assigns, heirs, and next of kin of the undersigned or such participating children for any loss or

damage, and any claim or demands on account of any property damage or any injury to, or an illness or the death of, the undersigned or such participating children (or any person who may contract COVID-19, directly or indirectly, from the undersigned or such participating children) whether caused by the negligence, active or passive, of the FRÖHLICH SPORTS ACADEMY or otherwise while the undersigned or such participating children are in, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with the FRÖHLICH SPORTS ACADEMY.

The undersigned expressly and knowingly waives all rights under California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the FRÖHLICH SPORTS ACADEMY & TRIFYTT SPORTS LLC, its directors, officers, employees, volunteers and agents ,and each of them, from any loss, liability, damages or costs they may incur, whether caused by the negligence, active or passive, or otherwise while the undersigned or any participating child is in, upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with the FRÖHLICH SPORTS ACADEMY.

The undersigned understands and agrees that the FRÖHLICH SPORTS ACADEMY is not required to provide insurance to cover the undersigned or such participating children in the event they suffer illness, injury, death, property loss, theft or damage of any sort upon, or about the premises or any facilities or equipment therein or participating in any program affiliated with the FRÖHLICH SPORTS ACADEMY.

The undersigned agrees and acknowledges that use of the FRÖHLICH SPORTS ACADEMY facilities and services, and participation in the FRÖHLICH SPORTS ACADEMY programs, may involve inherent danger and risk, including, without limitation, the risk of physical illness or injury, death or property damage. THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY, DEATH OR PROPERTY DAMAGE to the undersigned or such participating children due to negligence, active or passive, or otherwise while in, about or upon the premises of the FRÖHLICH SPORTS ACADEMY and/or while using the premises or any facilities or equipment thereon or participating in any program affiliated with the FRÖHLICH SPORTS ACADEMY

The undersigned acknowledges that any illness or injuries that the undersigned or such participating children contract or sustain may be compounded by negligent first aid or emergency response of the Releases and waive any claim in respect thereof.

THE UNDERSIGNED further expressly agrees that the foregoing ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HA VB BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHI'S, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM THE FRÖHLICH SPORTS ACADEMY IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AT ANY FRÖHLICH SPORTS ACADEMY FACILITY OR PROGRAM AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS. IF SIGNING ON BEHALF OF MINOR: I ALSO UNDERSTAND THAT THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL WARDS AND I REPRESENT AND WARRANT TO THE FRÖHLICH SPORTS ACADEMY THAT I HAVE FULL AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH :MINOR(S).

COVID-19 ADDENDUM:
By signing below, I hereby release and agree to hold Fröhlich Sports Academy harmless from and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses, and compensation for damages or loss to myself and/or property that may be caused by any act, or failure to act of the Fröhlich Sports Academy and TriFytt Sports LLC, its officers, employees and volunteers, or that may otherwise arise in any way in connection with any services received from Fröhlich Sports Academy. I agree to release Fröhlich Sports Academy from any and all liability for the unintentional exposure or harm due to the Coronavirus (COVID-19).

I have read this form and fully understand that by signing this form, I am giving up legal rights and/or remedies which may be available to me against the Fröhlich Sports Academy and TriFytt Sports LLC or any of the parties listed above.

I Agree

December 16, 2024

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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.

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Electronic Signature Consent*

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

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