WAIVER AND RELEASE OF LIABILITY

IN CONSIDERATION OF the risk of injury that exists while participating in the activities hosted by Montelago, LLC dba Doubles Club a Colorado limited liability company (including its subsidiaries and affiliated entities) (the “Company”) with its primary place of business, Doubles Club located at 3200 Larimer Street, Denver, Colorado 80205 (the “Premises”), which activities shall include but shall not be limited to [playing sports and athletic activities, including pickleball (and/or games similar thereto), participating in social activities offered for sale on the Premises such as consumption of food and drink, and any other activities that may be offered on the Premises by or on behalf of the Company, whether currently known or contemplated or hereinafter implemented] (collectively, the “Activities”); and

IN CONSIDERATION OF my desire to participate in said Activities and being given the right to participate in the same.

I HEREBY, for myself, my heirs, executors, administrators, successors, assigns or personal representatives (referred to as “I” or “me” or “Participant”, which terms shall also include Participant’s parents or guardian if Participant is under 16 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activities; and

I HEREBY knowingly, intentionally, and voluntarily forever release, waive and discharge, relinquish and indemnify the Company, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any and all actions, causes of action, claims, charges, demands, losses, damages, costs, attorney’s fees, judgments, liens, indebtedness and liabilities of every kind and character, whether known or unknown, including foreseen or unforeseen bodily injury and personal injuries and property damage that may be caused or sustained by the Participant in any way connected to, related to, or arising out of the Participant’s participation, whether direct or indirect, in the Activities, regardless of any negligence of the Releasees, and/or use of any equipment, facilities or premises, to the fullest extent permitted by law. This WAIVER AND RELEASE includes claims resulting from the Releasees’ negligence of any kind or nature, whether foreseeable or not, and includes claims for personal injury or wrongful death (including claims related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim. I shall defend and indemnify (indemnify meaning protect by reimbursement or payment) the Releasees with respect to any and all claims brought by or on behalf of me, or a family member for any injury, damage, permanent disability, death or other loss in any way connected with the Participant’s participation in these Activities, and/or use of any equipment, facilities or premises and/or brought by a co-participant or any other person for any injury, damage, permanent disability, death or loss to the extent caused by the Participant’s conduct in the course of participating in the Activities, and/or using any equipment, facilities or premises.

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I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITIES AND I AM PARTICIPATING IN THE ACTIVITIES ENTIRELY AT MY OWN RISK. I HEREBY ACKNOWLEDGE AND AGREE THAT I HAVE FULL KNOWLEDGE AND UNDERSTANDING OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THE ACTIVITIES, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITIES, OR FROM CONDITIONS AT THE PREMISES AND/OR EQUIPMENT. IT IS WITH SUCH FULL KNOWLEDGE AND UNDERSTANDING THAT I AGREE TO ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THE ACTIVITIES AND RELEASE AND HOLD HARMLESS THE RELEASEES FROM ANY LIABILITY AS SET FORTH HEREIN.

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I FURTHER ACKNOWLEDGE AND AGREE that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees on the Premises. In the event that I should require medical care or treatment, I authorize the Company to provide all emergency medical care deemed necessary, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I hereby release, forever discharge, and hold harmless the Releasees from any claim based on such treatment or other medical services.

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I FURTHER ACKNOWLEDGE AND AGREE that the Activities may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in the Activities unless I am medically able to do so, and I agree to abide by the decision of the Company regarding my approval to participate in the Activities. I acknowledge that the Company reserves the right to dismiss or remove from the Premises any participant whose mental condition, conduct, influence, or behavior is deemed unsatisfactory, dangerous, or not in the best interest of the Activities, or the other participants to the Activities.

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I FURTHER ACKNOWLEDGE AND AGREE that alcoholic beverages may be sold, served, or provided on the Premises. I acknowledge that I (i) am of legal drinking age (21 years old or older) to participate in certain of the Activities involving the consumption of alcohol and am in appropriate health and physical condition to do so; or (ii) am not of legal drinking age (20 years old or younger) and will not participate in the Activities that involve the consumption of alcohol. Consumption of alcohol on the Premises is optional and a personal decision. By participating in the Activities, if and as permitted by law, I agree that any alcoholic beverages I consume are my own choice and responsibility. I agree to drink responsibility and heed all warnings and suggestions related to the consumption of alcohol while performing the Activities, and I will not drive if I am intoxicated. I acknowledge that I alone am responsible for all of my actions resulting from consuming alcohol and the Company is in no way responsible for any actions or inactions related to the consumption of alcohol. I am participating in these activities with the knowledge of any potential danger involved and hereby agree to accept any and all risks of injury, death, or damage to property related to the consumption of alcohol on the Premises.

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I FURTHER ACKNOWLEDGE AND AGREE that there will be no illegal activity, tobacco products, cigarettes, underage consumption of alcohol, marijuana, or illegal drugs on the Premises or in connection with any Activities, and any participant conducting any such aforementioned activity on the Premises or in connection with the Activities will be dismissed immediately.

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I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.  I EXPRESSLY AGREE TO RELEASE AND DISCHARGE RELEASEES FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST RELEASEES FOR PERSONAL INJURY OR PROPERTY DAMAGE.

I FURTHER ACKNOWLEDGE AND HEREBY GRANT the Company and its agents, organizers, and representatives the right to use my name, biographical information, photographs, images, voice, words, story and/or testimonial, in whole or in part, and without restriction as to changes or alterations. The rights granted herein shall extend in perpetuity, unless revoked in writing to the Company by me, throughout the world and for any purpose whatsoever, including without limitation for marketing, advertising, promotional, training, informational, and archival purposes of the Company and its agents, and in any and all media, including without limitation the Company’s website and social media outlets. I acknowledge that the Company and its agents have no obligation to return any photographs or images to me. I have read the above release contained in this paragraph, am fully familiar with the contents thereof in its entirety, and that I fully understand the terms upon which I am agreeing to. I HEREBY GIVE UP SUBSTANTIAL RIGHTS BY SIGNING THESE TERMS, I SING IT VOLUNTARILY, AND I HEREBY RELEASE, WAIVE, AND FOREVER DISCHARGE ANY AND ALL CLAIMS ARISING OUT OF, OR IN CONNECTION WITH, SUCH USE BY THE COMPANY AND ITS AGENTS, INCLUDING WITHOUT LIMITATION ANY AND ALL CLAIMS FOR LIBEL OR INVASION OF PRIVACY.

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I FURTHER ACKNOWLEDGE AND AGREE that this WAIVER AND RELEASE shall be governed for all purposes by Colorado law, without regard to any conflict of law principles. I agree that any mediation, suit, or other proceeding must be filed or entered into only in Denver, Colorado. I agree to attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable Colorado mediator. This WAIVER AND RELEASE is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this WAIVER AND RELEASE is deemed unlawful or unenforceable, it shall not affect the enforceability of the remaining provisions, and those remaining provisions shall continue in full force and effect. I AGREE TO WAIVE ANY RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF ANY OF THE ACTIVITIES OR OTHER SERVICES OF THE COMPANY CONTEMPLATED HEREBY.

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I FURTHER ACKOWLEDGE AND AGREE, that this WAIVER AND RELEASE contains the entire agreement between the Participant concerning the subject matter hereof, and no oral or written statements not specifically incorporated herein by reference shall be of any force and effect. No modification or waiver of this WAIVER AND RELEASE shall be binding unless such modification is agreed to in writing by all parties. This WAIVER AND RELEASE shall be binding upon the Participant and each of their successors, assigns and representatives.

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