RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS

By signing this Release of Liability & Waiver of Certain Legal Rights (the “Waiver”) the Undersigned (as defined below), agrees to release and indemnify Laceski School LLC d/b/a Shredder Ski School and Shredder International, LLC, and each of their franchisees and their respective stockholders, members, managers, affiliates, subsidiaries, representatives, contractors, employees, agents, and volunteers, as well as the successors and assigns of each of them (collectively, the “Company”) from any liability arising from or related to the Activities (as defined below); participation in the Activities; or use of the Company facilities (as defined below).  In consideration of being permitted by the Company to participate in the Activities and the intangible value that the Undersigned will gain by participating in the Activities, and in recognition of the Company’s reliance hereon, the Undersigned explicitly acknowledges and agrees as follows:

READ CAREFULLY BEFORE SIGNING.  THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS.

1. “Undersigned” or “I” or “myself” means, as applicable and appropriate, collectively any Participant (as defined herein), Adult (as defined herein), and/or Minor (as defined herein) signing this Waiver.  “Adult” means the undersigned adult Participant, being at least 18 years old, signing on behalf of themselves and/or the undersigned parent(s) or legal guardian(s), being at least 18 years old, signing on behalf of the minor(s) named below (“Minor”) so that the Minor will be permitted to engage in any Activity.  “Participant” means the person(s) actually participating in the Activity.  “Activity” or “Activities” means participation in any or all activities and programs of the Company, including without limitation, all camp programs and all other Company activities including, without limitation, tubing and use of tubes; skiing and use of skis and other skiing equipment; snowboarding and use of snowboards and other snowboarding equipment; sledding and use of sleds; tumbling; being spotted; use of foam boards; use of landing pits and bags, beams, ramps, rails, and boxes; demonstrations and performances; indoor and outdoor ice skating; strength and endurance training; and/or any other uses of Company facility and venues as may be utilized for Company activities and programs (such facilities and venues, collectively and individually, the “Company facilities”).  The Company facilities are located at 1002 N. Central Expressway, Suite 229, Richardson, Texas 75080.  
2. The Company has the right to confiscate passes or revoke the privileges conferred by membership, where in the Company’s sole judgment, the Undersigned acts inappropriately in any fashion.  A pass or membership is NOT TRANSFERABLE and CANNOT BE RESOLD.  A pass or membership may be confiscated with no re-issue, if in the sole judgment of the Company, it is used in a fraudulent, reckless, negligent, or dangerous manner.  Reissued passes may be subject to a replacement fee.
3. I represent and warrant: (a) the Participant has the skills, dexterity, and endurance to safely participate in each Activity; (b) the Participant will at all times participate within their own abilities; and (c) the Participant has no health condition(s) that prevents them from safely engaging in each Activity.
4. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during participation in the Activities, and authorize the Company and their authorized staff to provide treatment and/or call for medical care for myself or Minor and/or to transport myself or Minor to a medical facility or hospital if, in the opinion of such staff, medical attention is needed.   The Undersigned agrees to pay all costs associated with such medical care and related transportation.  I hereby release, forever discharge, and agree to hold harmless the Company from any claim based on such treatment or other medical services for the Undersigned.
5. I acknowledge and agree that I will obey all signs and warnings posted at the Company facilities and instructions from Company staff.  Every Adult agrees to read, to have Every Minor read, and, if necessary, explain to Every Minor all posted signs and warnings including instructions on use of Company facilities and equipment.  Every Adult agrees and understands that Every Minor may at times use equipment without a coach, Company staff, or other adult present.
6. I acknowledge and agree to inspect all equipment and the Company facilities before use and ask questions of Company staff if I do not fully understand how to use the equipment and Company facilities.  I acknowledge and agree all equipment and Company facilities are provided “AS IS.”  THE COMPANY EXPRESSLY DISCLAIMS, AND THE UNDERSIGNED ACKNOWLEDGED THAT THEY HAVE NOT RELIED UPON, ANY AND ALL REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INLCUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, WITH RESPECT TO ANY ACTIVITIES, THE COMPANY FACILITIES, AND/OR THE EQUIPMENT USED IN CONJUNCTION WITH ANY ACTIVITIES.  I shall notify Company staff of and, if applicable, return IMMEDIATELY for replacement or repair any equipment believed to be damaged or defective.  I accept full responsibility for the care of the equipment used for an Activity including but not limited to equipment rental(s) and/or demo ski, snowboarding, or sledding equipment, and agree that I am responsible for the replacement at full retail value of any equipment damaged or not returned.
7. I acknowledge and agree that the Participant must wear a helmet at all times while participating in Activities, including but not limited to skiing, snowboarding, ice skating, tubing, and sledding, and while participating in any Activity on synthetic snow or ice surfaces.  I acknowledge and understand that a helmet cannot guarantee the wearer’s safety and no helmet can protect the wearer against all potential head injuries or prevent injuries to the wearer’s face, neck, or spinal cord.
8. I ACKNOWLEDGE, AND AM AWARE AND UNDERSTAND THAT THE ACTIVITIES ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF PERSONAL OR PHYSCHOLOGICAL INJURIES, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGES AND/OR FINANCIAL LOSS.  I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY.  NOTWITHSTANDING THE RISK, I ACNKOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING AND AM INVOLVED IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME AND ALL RISK OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.  
9. I acknowledge and agree that I must always engage in reasonable inspection and decision-making pertaining to participation in the Activities.  I freely assume all dangers and risks of all Company facility conditions, including but not limited to, course or feature design; course or feature construction; course or feature layout; course or feature terrain, jumps, and obstacles; and course or feature maintenance.  I acknowledge that I will be entering into and using equipment that contains jumps, ramps, banks, rails, beams, synthetic snow or ice, and other constructed and natural features.
10. I understand that participation in the Activities subjects me to risks including, but not limited to falls; drops; hits; depressions; bruising and damage to clothes from falls on the skiing and other surfaces; collisions with other participants, spectators, and property; and overexertion.
11. I understand use of the Company facilities and equipment involves dangers and risks including but not limited to use of aerial equipment; high elevation; slippery surfaces; slick or uneven surfaces; feature malfunction; equipment malfunction, failure, or damage; improper use or maintenance of equipment; and potential exposure to viruses and other contaminants.

• I UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT USE OF AERIAL EQUIPMENT IS MORE HAZARDOUS AND DANGEROUS THAN ORDINARY RECREATIONAL SKIING AND, IN PARTICULAR, THAT BECOMING INVERTED DURING AN AERIAL MANEUVER SUBSTANTIALLY INCREASES THE RISK OF SERIOUS INJURY, DISABILITY, PROPERTY DAMAGES,OR DEATH.

1. I understand there are risks posed by the negligence of other participants, Company staff, or others.  These risks include, but are not limited to, decision-making and conduct of Company staff involved with an Activity.  By way of example without limitation this includes the risk that a coach, counselor, and/or instructor may misjudge Participant’s abilities, conditioning, or some aspect of Participant’s mental, emotional, or physical condition that may make a certain portion of any Activity appropriate or inappropriate for the Participant.
2. I understand there are risks entering and exiting the Company facilities.  Every Adult is responsible for safely walking and guiding themselves and Every Minor from or through the parking lot to the Company facilities’ entrance.  I agree to, and agree to ensure that Every Minor, utilize and hold onto the handrails and to use other safety precautions when entering and exiting the Company facilities and when walking though the parking lot.  I acknowledge that falls and collisions both inside and outside of the Company facilities occur.
3. I understand that coaching or other supervised participation in an Activity does not in any way eliminate the dangers and risks of an Activity or dangers and risks involved in using aerial equipment.
4. I expressly acknowledge and assume all other additional risks and dangers that may result in physical injury and/or death above and beyond the inherent dangers and risks of participating in the Activities.

• I UNDERSTAND THAT THE DESCRIPTION OF THE RISKS IN THIS WAIVER IS NOT COMPLETE AND I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES AND USE THE COMPANY FACILITY AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF SUCH PARTICIPATION AND USE, WHETHER OR NOT DESCRIBED HERE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.

1. RELEASE OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, I, ON BEHALF OF MYSELF AND MINOR(S), HEREBY EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS, DEMANDS, RIGHTS, ACTIONS, CAUSES OF ACTION, SUITS, DEBTS, OBLIGATIONS, COSTS, LOSSES, CHARGES, EXPENSES, DAMAGES, JUDGMENTS AND LIABILITIES, OF WHATEVER KIND OR NATURE, IN LAW OR IN EQUITY OR OTHERWISE, SUSPECTED OR UNSUSPECTED, WHETHER OR NOT CONCEALED OR HIDDEN, AND WHETHER NOW KNOWN OR HEREAFTER KNOWN, AGAINST THE COMPANY, ITS LANDLORDS AND/OR OWNERS AT EACH COMPANY FACILITY, AND EACH OF THEIR RESPECTIVE INSURANCE CARRIERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, REPRESENTATIVES, ASSIGNEES, EMPLOYEES, VOLUNTEERS, AGENTS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”) ON ACCOUNT OF INJURY, DISABILITY, DEATH, OR PROPERTY DAMAGES ARISING OUT OF OR ATTRIBUTABLE TO, DIRECTLY OR INDIRECTLY, PARTICIPATION IN ANY ACTIVITIES OR THE USE OF THE COMPANY FACILITIES AND EQUIPMENT, WHETHER ARISING OUT OF THE NEGLIGENCE OF THE COMPANY OR ANY RELEASEES, CONTRACTION OF A VIRUS OR OTHER MALADY, OR OTHERWISE.  This release of liability is intended to include, without limitation, all claims for negligence, personal or bodily injury, emotion injury, illness (from whatever cause, including virus), property damage, and death, within and outside the Company facility.
2. I SHALL APPEAR, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ALL OTHER RELEASEES from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, other fees, and the costs of enforcing any right to indemnification under this Waiver, and the cost of pursuing any insurance providers, arising out or resulting from any claim of a third party relating in any way to the Undersigned’s participation in the Activities or use of the Company facilities, INCLUDING ANY CLAIM RELATED TO MY OWN NEGLIGENCE OR THE ORDINARY NEGLIGENCE OF THE COMPANY.  On behalf of myself and every Minor, I hereby forever release the Company and Releasees from any and all claims, actions, damages, losses, costs, expenses, and liability of any kind, arising under any legal or equitable theory whatsoever at any time during or after the period of our participation in the Activities or use of the Company facilities.
3. I hereby consent to any and all uses and displays by the Company and its agents of the Undersigned’s and/or Minor’s name, voice, likeness, image, appearance, and biographical information in, on, or in connection with any pictures, photographs, audio and video recordings, digital images, websites, television programs, advertising, sales and marketing brochures, books, magazines, other publications, CDs, DVDs, tapes, and all other printed and electronic forms and media throughout the world, at any time during or after the period of Undersigned’s and/or Minor’s participation in the Activities or use of the Company facilities, for all legitimate business purposes of the Company. 
4. This Waiver constitutes the sole and entire agreement of the Company and the Undersigned with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.  Use of the singular includes the use of the plural and vice versa.  If any term or provision of the Waiver is held invalid, illegal, or unenforceable, in whole or in part, in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Wavier or invalidate or render unenforceable such term or provision in any other jurisdiction.  The remaining terms and provisions of this Waiver shall not be affected and thereby shall be enforced to the greatest extent permitted by law.  The Waiver is binding on and shall inure to the benefit of the Company and the Undersigned and their respective heirs, successors, and assigns.  All matters arising out of or relating to the Waiver shall be governed by and construed in accordance with the internal laws of the State of Texas, excluding any choice or conflict of law provision or rule.
5. Any controversy, dispute, or claim arising out of or related to this Waiver, or any damage or injury suffered at the Company facilities, which the Company and the Undersigned are unable to resolve by mutual agreement, must be resolved exclusively by submission to binding arbitration in Dallas, Texas, before a single arbitrator, administered by the American Arbitration Association (“AAA”) in accordance with applicable rules of the AAA then in effect.  The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, which will remain in full force and effect.

THE UNDERSIGNED UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT THIS WAIVER APPLIES FOR EACH AND EVERY DAY THE UNDERSIGNED ENGAGES IN AN ACTIVITY OR USES THE COMPANY FACILITY, WITHOUT REQUIRING THE UNDERSIGNED TO SIGN AN ADDITIONAL FORM FOR EACH DAY AND/OR EACH ACTIVITY.  THIS WAIVER APPLIES UNLESS AND UNTIL REVOKED IN WRITING AND THAT WRITING IS ACCEPTED IN A WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE COMPANY.

THE UNDERSIGNED UNDERSTANDS THEY ARE NOT PERMITTED TO TAKE PART IN ANY ACTIVITY UNLESS THIS WAIVER IS FULLY EXECUTED.  THE ADULT REPRESENTS AND ACKNOWLEDGES THAT THEY ARE ENTITLED TO, AND ARE SIGNING THIS WAIVER ON BEHALF OF, MINOR AND THAT MINOR IS BOUND BY ALL THE TERMS OF THIS WAIVER.  THE UNDERSIGNED UNDERSTANDS AND AGREES THAT IF THIS WAIVER IS NOT SIGNED ON BEHALF OF THE MINOR, THE MINOR WILL NOT BE PERMITTED TO PARTICIPATE IN ANY ACTIVITY OR USE THE COMPANY FACILITY.