RELEASE, WAIVER AND ASSUMPTION OF RISK AGREEMENT

1. Acknowledgment of Risks

   I expressly acknowledge that, while using the tennis courts, restaurant, pro shop, related facilities and all equipment located at 5600 19 Street SW, Calgary Alberta (the "Facility") and engaging in any programing, instruction, activity or service provided by the Tennis Academy (the "Services"), I will be engaging in physical exercise, which involves risks of injury to persons and property. I understand that I am required to follow all instructions and rules for safe participation and that the sole responsibility for my personal safety remains with me. In consideration for my use of the Facility, I agree not to claim or sue for any alleged liabilities, claims or causes of action released in this Release, Waiver and Assumption of Risk Agreement. Risk of injury includes, but is not limited to:

   • injuries arising from my participation or that of others in supervised or unsupervised activities, programs, instruction, lessons or other activities at the Facility;
   • injuries arising from the negligence of other participants, or The Tennis Academy including its instructors, employees, contractors and personnel;
   • injuries such as wounds, sprains, torn and pulled muscles and ligaments, broken bones, and head, back, neck, foot, other injuries to my body, including death;
   • medical disorders arising from exercising at The Tennis Academy such as heart attacks, strokes, and heat stress, among others; and
   • accidental injuries or death occurring anywhere in the Facility, including but not limited to dressing rooms, showers, and other related facilities.

     I further acknowledge that the preceding list is not inclusive of all possible risks associated with my use of the Facility or any Services received and that said list in no way limits the extent or reach of this release and covenant not to sue. I assume full responsibility for such risks, including any risks not foreseeable at this time.

     I assume all risk of damage to, loss or theft of my personal property that may occur in the Facility. I acknowledge that The Tennis Academy is not responsible for damaged, lost, or stolen personal property.

     1. Warranty and Representation

        I warrant and represent that I am in good physical health and have no disability, illness, disorder, impairment or other condition that would preclude my safe use of the Facility or receipt of the Services. I further acknowledge that it is my responsibility to bring to The Tennis Academy's attention any special circumstances (i.e. prior or existing injury, medical, or physical condition, and any such conditions that may develop in the future) that may influence the activities designed for me or Services provided to me by The Tennis Academy.

     2. Warranty Disclaimer

        The Facility and Services received are provided "as is" and are used or received by you at your sole risk. The Tennis Academy expressly disclaims any and all warranties and conditions concerning the Facility and Services, including any and all warranties and conditions of design, merchantability and fitness for any particular purpose, performance, and any and all warranties and conditions that might otherwise arise during the course of dealing, custom, or trade usage and those which may be implied by statute.

     3. Release of Liability and Indemnification

        I agree to release The Tennis Academy and its owners, agents, managers, officers, employees, affiliates, volunteers, sponsors, contractors and representatives (the "Released Parties") from any and all causes of action, liability, claims, demands, losses, suits and costs of any nature whatsoever, including but not limited to, claims of negligence, gross negligence, breach of contract, or breach of any statutory or other duty of care which I may now have or may have in the future against the Released Parties, which are or may be incidental to, or arise from, my participation in the Tennis Academy's Services or my attendance at or use of the Facility. This release shall be binding upon my heirs, next of kin, dependents, executors, administrators, assigns and personal representatives.

        I agree to indemnify and hold harmless the Released Parties from any and all causes of action, liability, claims, demands, losses, suits and costs of any nature whatsoever which are or may be incidental to, or arise from, my participation in the Tennis Academy's Services or my attendance at or use of the Facility. I hereby agree that, should it become necessary for the Released Parties to incur attorney's fees and costs to enforce this Release, Waiver, and Assumption of Risk Agreement, or any portion thereof, I will be responsible for and will pay all costs and attorney's fees related thereto.

     4. Personal Information

        I hereby authorize The Tennis Academy to release my personal information, including my name, address, phone number, and any other information, to emergency services personnel in the event of a medical emergency.

     5. General

        The provisions of this Release, Waiver, and Assumption of Risk Agreement are severable. If a Court decides that any provision is illegal or unenforceable, the rest of the agreement is still enforceable.

        This Release, Waiver, and Assumption of Risk Agreement is governed by the laws of the province of Alberta and the laws of Canada applicable therein.

     6. Acceptance

This is a legally binding document. By signing this Release, Waiver, and Assumption of Risk Agreement, I certify that I have read this document in its entirety. I understand all of its terms and conditions and I have had the opportunity to ask any questions I have. I understand and intend my signature to be a complete and unconditional release of all liability as set out herein.