RELEASE, WAIVER AND INDEMNIFICATION AGREEMENT NOTICE: By signing this Release, Waiver and Indemnification Agreement (the “Agreement”), you waive certain legal rights, including the right to sue. In consideration for being allowed to participate in certain clinics, classes, camps, teams, tryouts, or other activities (the “Activity”) in or around the Diamond Athletics Complex 4381 North State HWY 6 Woodway or any other location that involves Diamond Athletics training, the Participant (and his or her guardians if the Participant is a minor) agrees as follows: 1) TO WAIVE ALL CLAIMS that Participant has or may have against Diamond Athletics 4381 N state HWY 6 Woodway TX, and each of their subsidiaries, affiliates, owners, employees, agents, licensees, volunteers, participants, and successors-in-interest and assigns (collectively, “Released Parties”), arising out of Participant’s participation in the Activity, expressly including any claims arising from any NEGLIGENT acts, omissions, or conduct of the ReleasedParties. The Activity may be cancelled, rescheduled, or relocated without prior notice. 2) TO ASSUME ALL RISKS of participating in the Activity, even those caused by the NEGLIGENT acts, omissions, or conduct of the Released Parties. The Participant and his/her guardians understand that the risks of participating in the Activity may be both foreseen and unforeseen and include serious physical injury and/or death and other personal and property damages. 3)TO RELEASE AND TO INDEMNIFY the Released Parties from any and all liability for any loss,damage,injury,death,or expenses that the Participant may suffer, arising out of his/her participation in the Activity, even those caused by the NEGLIGENT acts, omissions or conduct of the Released Parties. 4) ARBITRATION. Participant agrees to submit any dispute arising from the Activity to binding arbitration. Each party shall pay its own costs. Arbitration shall be commenced within 1 year after the date on which any alleged claim first arose. The arbitration proceeding shall proceed exclusively in McLennan County, Texas. 5) MISCELLANEOUS. In entering into this Agreement, Participant is not relying upon any oral or written representations other than what is set forth in this Agreement. The invalidity of any provision of this Agreement shall not affect the enforceability or effectiveness of any other provision. In the event of Participant’s incapacity, this Agreement shall be effective and binding upon Participant’s heirs, next of kin, executors, administrators, assigns, and representatives. Participant hereby permits the placement of Participant’s name and photo (and the name/photo of Participant’s minor child) on the Diamond Athletics website and on other promotional materials. Participant waives all potential claims and liabilities against the Released Parties and Diamond Athletics, owners, staff or any related entities, relating in any way to the collection, use and disclosure of any personally identifiable information on the internet, including compliance with the FTC’s Children’s Online Privacy Protection Act (COPPA) or any other applicable law or regulation. Participant understands that that Participant is obligated to follow the rules of the Activity and that Participant can minimize risk of injury by the exercise of common sense and by being aware. If, while participating in the Activity, Participant observes any unusual hazard, which Participant believes jeopardizes his/her personal safety or that of others, Participant will remove himself/herself from participation and promptly bring the hazard to the coaches attention. PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT IS VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY, IS PARTICIPATING AT HIS OR HER OWN RISK, AND IS AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE BUT ARE NOT LIMITED TO PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, INCLUDING BUT NOT LIMITED TO COVID-19 EXPOSURE OR ANY OTHER PANDEMIC, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY, ECONOMIC OR EMOTIONAL LOSS,AND DEATH. PARTICIPANT UNDERSTANDS THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM HIS OR HER OWN OR OTHERS’ NEGLIGENCE, INCLUDING THE NEGLIGENCE OF THE RELEASED PARTIES, AND NONETHELESS ASSUMES ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN TO PARTICIPANT, ASSOCIATED WITH PARTICIPATION IN THIS ACTIVITY. PARTICIPANT FURTHER ACKNOWLEDGES THAT PARTICIPANT HAS READ THIS RELEASE, WAIVER AND INDEMNIFICATION AGREEMENT, AND FULLY UNDERSTANDS THE PROVISIONS AND COVENANTS CONTAINED HEREIN. PARTICIPANT IS AWARE THAT BY SIGNING THIS AGREEMENT PARTICIPANT MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I give permission to DA to use photos and videos taken of my child while at dance, cheer, tumbling, baseball/softball or functions, for marketing and promotional material.I WILL NOT HOLD DIAMOND ATHLETICS,  THE INSTRUCTORS OF, OR ANYONE RELATED TO PERSON OR PERSONS ASSOCIATED WITH THIS FACILITY RESPONSIBLE FOR ACCIDENTS OR INJURIES SUSTAINED TO ME OR MY CHILD BEFORE, DURING, OR AFTER CLASSES, EVENTS, OR OUTSIDE FUNCTIONS ON THE PREMISES OF 4381 N State HWY 6 Woodway, TX 76712 OR ANY OTHER LOCATION. I, INTENDING TO BE LEGALLY BOUND, DO HEREBY RELEASE, WAIVE, AND EVERLASTINGLY DISCHARGE ALL RIGHTS AND CLAIMS AGAINST DIAMOND ATHLETICS. Electronic Signature Agreement. By selecting the "I Accept" checkbox, I am signing this agreement electronically. I agree this electronic signature is the legal equivalent of my manual signature on this agreement.I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.