Waiver

Undersigned (User) acknowledges that participation in sports and physical activities involves inherent risks, including but not limited to injuries, illness, and/or death. User voluntarily assumes all risks associated with use of the Facility.

To the fullest extent permitted by law, User hereby releases, waives, discharges, and covenants not to sue FLX Turf / 2625 Hanna Rd LLC (Owner) from any and all claims, liabilities, damages, losses, costs, or expenses (including attorney’s fees) arising out of or related to any injury, illness, death, or property damage occurring at or in connection with the Facility or any of its programs or events. This release applies to any claims based on the negligence of Owner, but does not apply to claims resulting from their gross negligence or willful misconduct as prohibited under New York law.

User acknowledges and assumes all additional risks and any danger that may result in property damage, physical injury, and/or death, which may be above and beyond any of the inherent dangers and risks of User’s respective activity, including but not limited to: falling, loss of balance, uneven surfaces, slick areas, or conduct by User that is negligent or unsafe.

User understands that the description of the risks in this Agreement is not complete and voluntarily chooses to participate and expressly assumes all possible risks and dangers of User’s activity and the possibility of personal injury, death, and any loss resulting, whether described here or not, known or unknown, inherent or otherwise.

User is responsible for any damage caused to the Facility by User’s misuse or negligence of the Facility, excluding normal “wear and tear.” Owner reserves the right to charge for repair and/or replacement costs for any negligent or deliberate damages that are incurred. If damages caused by User’s misuse or negligence of the Facility prevent the Facility from operating, User may be liable to Owner for lost revenue. Owner reserves the right to permanently ban or expel any individual who is viewed (in person or via recording) purposely damaging the facility in a negligent, willful, or malicious manner.

User understands that Owner is not responsible for lost, stolen, or damaged personal property, and User assumes all risk of loss related to personal belongings brought onto the premises.