Waiver. In consideration of permission to use, today and on all future dates, the property facility and equipment of CLUB V SPORTS – CLUB V SOUTH & Nā Kukui Creations, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue V South and/or Nā Kukui Creations, its directors, officers, employees, and agents from liability from any and all claims including negligence of V South and Nā Kukui Creations resulting in personal injury, accidents or illness (including death), and property loss arising from, but not limited to, individual use and/or participation in activities, classes, observation, and use of facilities, premises or equipment under the direction and control of a lessee of the V South Facility.

Assumption of Risks: Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. The V South Facility involves individual use and activities under the direction and control of a lessee of the V South Facility, such as volleyball, basketball, pickle ball, and sporting activities. These activities involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction, and others involve sustained physical activity which places stress on the cardiovascular system. The specific risks vary from one activity to another, but the risks range from (1) minor injuries such as scratches, bruises, and sprains; (2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions; (3) catastrophic injuries including paralysis.

Release, Waiver of Liability, and Assumption of Risk. In consideration of the opportunity afforded Participant to participate in activities in the V South Facility, Participant hereby releases and forever discharges V South and Nā Kukui Creations from any and all liability, claims, and demands of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from or in connection with activities within the V South Facility. Participant understands that this release discharges V South and Nā Kukui Creations from any liability or claim that Participant may have against V South and/or Nā Kukui Creations with respect to any bodily injury, personal injury, illness, death, property loss, or property damage that may result from participation in activities within the V South Facility. Participant understands and acknowledges that potential risks to health and personal property may be associated with participation in the activities, and Participant voluntarily assumes those risks.

Medical Treatment and Pre Existing Medical Conditions. Participant hereby releases and forever discharges UAC from any liabilities, claims, costs and damages that arise or may hereafter arise on account of any first aid, medical treatment, or service rendered to Participant in connection with the activities within the V South Facility. Participants will take for herself or himself any appropriate precautions or medications to treat and/or reduce the likelihood of exacerbating any preexisting health conditions, or insect, food or medication allergies. I have read the previous paragraphs and I know, understand and appreciate these and other risks that are inherent in the activities within the V South Facility. I hereby assert that my participation is voluntary and that I knowingly assume all such risks.

Indemnification and Hold Harmless. I also agree to indemnify and hold V South and Nā Kukui Creations harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in activities at the V South Facility And to reimburse V South and/or Nā Kukui Creations for any such expenses incurred.

Severability. The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Utah and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

Other. This release shall be binding and legal enforceable against Participant and Participant’s heirs, executors, administrators, and legal representatives. This release shall be governed by and interpreted in accordance with the laws of the State of Utah. In the event that any clause or provision of this release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this release.

Acknowledgement of Understanding. I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.

Minor Release. And I, the minor Participant’s parent and/or legal guardian, understand the nature of athletic activities and the minor Participant’s experience and capabilities and believe the minor to be qualified, in good health, and in proper physical condition to participate in such activity. I hereby release, discharge, covenant not to sue, and agree to indemnify and save and hold harmless V South and Nā Kukui Creations from all liability, claims, demands, losses, or damages on the minorParticipant’s account, caused or alleged to be caused in whole or in part by the negligence of the “releases” or otherwise, including negligent rescue operations and further agree that if, despite this release, I, the minor Participant, or anyone on the minor Participant’s behalf makes a claim against any of the releases named above, I will indemnify, save, and hold harmless V South and Nā Kukui Creations from any litigation expenses, attorney fees, loss liability, damage, or cost any may incur as the result of any such claim.