Liability Waiver

Acceptance of Rules

I will be a positive part of K.O. Basketball and understand that violations of the Rules and/or any misconduct by me are grounds for termination of my participation. I understand that K.O. Basketball and other participants are authorized to administer and/or seek emergency medical treatment on my behalf in the event of an injury or other medical incident. I understand that videos and/or photographs may be taken of me during my participation and used by K.O. Basketball for promotional purposes and I give K.O. Basketball consent to take and distribute images of me for this purpose.

I understand that I must read and sign this Release of Liability Agreement in order to participate.

Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement

WARNING: This agreement will affect your legal rights, including the right to sue or claim compensation following an accident. Read carefully.

To

K.O. Basketball and its directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, hosts, volunteers, successors and assigns (collectively, the “Releasees”).

Definition

In this Agreement, basketball shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees including, but not limited to: (i) basketball and the use of equipment; (ii) orientation and instructional sessions; and (iii) any other such activities, events, services or equipment in any way connected with or related to basketball or the Releasees (collectively, the “Activities”).

General

I certify that I am 18 years of age or older, and/or that I am signing in my capacity as a parent/guardian for a participant who is under the age of 18 (the “Minor”) with the intent that this Agreement be binding on myself and such Minor for all legal purposes. I certify that I am, or the Minor is, in good health and do not suffer from a heart condition or other ailment which could be exacerbated by the exertion involved in participating, observing or otherwise engaging in the Activities.

In consideration of participating in the Activities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

Assumption of Risks

I am aware that participation, observation and/or other engagement in the Activities involves many risks, dangers and hazards including, but not limited to: broken bones, injuries related to exposure to natural elements, severe injuries to the head, neck, and back, or other bodily injuries that may result in permanent disability or death. I am aware that potential causes of injury include, but are not limited to: negligence on the part of the participants; and negligence on the part of the Releasees including the failure on the part of the Releasees to safeguard or protect me from the risks, dangers and hazards as a result of my participation, observation and/or other engagement in the Activities.

I understand that this description of potential risks and the list of potential causes of injury are not complete and that unknown or unanticipated risks or causes of injury may result in injury, illness, or death. I am aware of the risks, dangers and hazards associated with the Activities and I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting therefrom.

Release of Liability, Waiver of Claims and Indemnity

I agree to waive any and all claims that I have or may in the future have against the Releasees, and to release the Releasees from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation, observation and/or other engagement in the Activities, due to any cause whatsoever, including negligence, breach of contract or breach of any statutory or other duty of care.

To hold harmless and indemnify the Releasees for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation, observation and/or other engagement in the Activities.

This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.

Governing Law

This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the province of Alberta and no other jurisdictions. Any litigation involving the parties to this Agreement shall be brought solely within the province of Alberta and shall be within the exclusive jurisdiction of the Courts of Alberta.

Acknowledgement

I confirm that I have had sufficient time to read and understand this Agreement in its entirety, and have agreed to the terms freely and voluntarily without inducement. I understand that by signing this Agreement I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the Releasees.