SPORTS PROGRAM WAIVER

In consideration of the permission to use the property, facilities, equipment, services, and in order to participate or observe programs, games, events, activities of the German Foxes, I, for myself, my minor child(ren), and the other participants whose names are listed below, as well as for my and their heirs, personal representatives or assigns, do hereby release, waive, and discharge:

- German Foxes, and

- its owners, directors, officers, employees, affiliates, volunteers, participants, contractors and agents, as well as their successors, predecessors-in-interest, and insurers (collectively referred to as the “German Foxes’ Releasees”),

from liability from any and all claims, including but not limited to negligence, claims of physical or mental injury, illness (including death), and property loss arising from participation in German Foxes programs, activities, games, events, or observation, or use of German Foxes facilities, premises, or equipment (such participation, observation or use being collectively referred to as “Participation”).

Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Participation in German Foxes’ programs, activities, classes can involve quick movements, and/or sustained physical activity, which places stress on the cardiovascular system. 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 and death.

I understand the risks that are inherent in Participation in activities made possible by German Foxes. I agree that the Participation of myself, my minor child(ren), and the other participants whose names are listed below is voluntary and I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of German Foxes or German Foxes’ Releasees, or others, and I assume full responsibility for my Participation, the Participation of my minor child(ren) and the Participation of the other participants whose names are listed below.

I agree to indemnify and hold German Foxes, and German Foxes’ Releasees, from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, for claims related to my Participation, the Participation of my minor child(ren), and the Participation of other participants whose names are listed below, in German Foxes’ programs.

I acknowledge, accept, and assume the risk of any and all medical conditions, limitations, or disabilities (whether temporary or permanent) that I or my minor child(ren), or the other participants whose names are listed below possess, whether known or unknown, which might contribute to or exacerbate any injury I or my minor child(ren) might sustain as a result of Participation in German Foxes programs, activities, games, events.

I acknowledge and agree that if medical assistance (of any form, including emergency care, hospitalization, out-patient care, and/or physical therapy) is required or performed as a result of any injury I or my minor child(ren), or the other participants whose names are listed below sustains while Participating in German Foxes’ programs, activities, games, events, or observing, or using German Foxes facilities, premises, or equipment, such medical assistance shall be at my own expense.

I ACKNOWLEDGE THAT German Foxes DO NOT CARRY ANY TYPE OF ACCIDENT OR HEALTH INSURANCE ON THE PARTICIPANTS IN ITS ACTIVITIES. I ALSO ACKNOWLEDGE THAT INJURIES CAN BE CATASTROPHIC FOR THOSE WITHOUT PROPER MEDICAL COVERAGE.

I acknowledge that German Foxes may use photographs, videotapes, television programs, motion pictures, tape recordings, or other similar media for promotional purposes. I hereby consent to the use of my and/or my minor child(ren)’s or the other participants whose names are listed below name(s) and/or likeness(es) in such materials to be exhibited and used for advertising, trade purposes, solicitation of patronage, promotional purposes, or other similar purposes, even if my and/or my minor child(ren)’s name(s) and/or likeness(es) are an integral part of such photograph, videotape, television program, motion picture, tape recording, or other similar media.

I agree that this Waiver of Liability, Assumption of Risk, and Indemnification Agreement may be broadly construed in favor of German Foxes and German Foxes’ Releasees, as permitted by the law of the State of Maryland and that if any portion of this Agreement is held invalid, the balance shall continue in full legal force and effect.

I hereby represent and warrant to German Foxes and German Foxes’ Releasees that I have the authority to execute this Waiver Form on my behalf, on the behalf of my minor child(ren) and other participants whose names are listed below, as parent, guardian and/or next friend, if applicable.

In the event of any misrepresentation or breach of the foregoing warranty by me or my minor child(ren), or by the other participants whose names are listed below, or by my or their heirs, or executors, or in the event that I, my minor child(ren) or any other person nevertheless asserts any claim against German Foxes or German Foxes’ Releasees arising out of my or my minor child(ren)’s Participation, or the Participation of the other participants whose names are listed below in any program, event, class or other activity as set forth herein, I agree to indemnify, hold harmless and defend German Foxes and German Foxes’ Releasees from and against any and all liability, claims, losses, costs, expenses or damages resulting therefrom, including, but not limited to, claims of loss, damage, illness or injury to person or property whether or not such loss, damage, illness or injury results from the negligence of German Foxes or German Foxes’ Releasees or from some other cause.

I understand that this agreement extends forever into the future and will have full force and legal effect each and every time I or my minor child(ren) or the other participants whose names are listed below Participate in German Foxes’ programs, activities, games, events, or observe, or use German Foxes facilities, premises, or equipment.

I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of my minor child(ren), and the right(s) of the other participants whose names are listed below to maintain a lawsuit against German Foxes and German Foxes’ Releasees for any and all claims covered by this Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have such claim determined by a jury, and my minor child(ren) and the other participants whose names are listed below will NOT have the right to have claim(s) determined by a jury.

Reciprocally, German Foxes and German Foxes’ Releasees waive their right to maintain a lawsuit against me and the minor child(ren) below for any and all claims covered by this Agreement, and they will not have the right to have their claim(s) determined by a jury.

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY PARTICIPATION OR MY MINOR CHILDREN PARTICIPATION OR THE OTHER PARTICIPANTS WHOSE NAMES ARE LISTED BELOW’S PARTICIPATION, - INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN WASHINGTON DC BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION.

This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Maryland, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com, and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness.

I certify that I am at least eighteen (18) years of age, and that I have read, and I understand this Waiver of Liability, Assumption of Risk, and Indemnification Agreement as indicated by my signature below. I acknowledge that I am signing freely and voluntarily, and intend by my signature to provide a complete and unconditional release of all liability for myself, my minor child(en) and the other participants whose names are listed below.

IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I OR ANY OF MY MINOR CHILDREN OR THE OTHER PARTICIPANTS WHOSE NAMES ARE LISTED BELOW ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY German Foxes RELATED ENTITY OR German Foxes’ RELEASEES.

If I do not agree to any of these terms, I understand I do not need to sign it, and I may forego my Participation, the Participation of my minor child(ren), and the Participation of other participants whose names are listed below in the programs and activities of German Foxes as the alternative.