Common use of Entire Agreement; Modification; Binding Effect Clause in Contracts

Entire Agreement; Modification; Binding Effect. I understand and acknowledge that this Agreement is the entire agreement between myself and the Company with respect to the subject matter hereof and supersedes any prior agreement or communications between myself and the Company, whether written, oral, electronic, or otherwise. I understand and acknowledge that no change, modification, amendment, or addition of or to this Agreement will be valid unless in writing and signed by myself and the Company. I understand and acknowledge that this agreement will be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties. I HEREBY UNDERSTAND AND ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND I UNDERSTAND THAT I AM GIVING UP SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO PURSUE LEGAL RECOURSE AGAINST THE COMPANY BY ANY OTHER MEANS OTHER THAN BINDING ARBITRATION. I UNDERSTAND AND ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT, I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND. By: Name: (“I”, as used throughout this Agreement) Date: Minor Participation If I am signing for a person under the age of eighteen (18) years old (a “Minor”), I represent that I am the Minor’s parent or legal guardian or I have permission from the Minor’s parent or legal guardian to sign on behalf of the Minor’s parent or legal guardian to, among other things and as set forth within this Agreement, assume all risk and release Company from all liability for any injury to or cause by the Minor. Minor Name: By:

Entire Agreement; Modification; Binding Effect. I understand and acknowledge that this This Agreement is the entire agreement between myself and the Company parties with respect to the subject matter hereof and supersedes any prior agreement or communications between myself and the Companyparties, whether written, oral, electronic, or otherwise. I understand and acknowledge that no No change, modification, amendment, or addition of or to this Agreement will agreement shall be valid unless in writing and signed by myself and authorized representatives of the Companyparties. I understand and acknowledge that this This agreement will shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties. I HEREBY UNDERSTAND AND ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND THAT I UNDERSTAND THAT I AM GIVING UP SIGNIFICANT LEGAL RIGHTSRIGHTS ON MINE, INCLUDING THE RIGHT TO PURSUE LEGAL RECOURSE AGAINST XXX THE COMPANY BY ANY OTHER MEANS OTHER THAN BINDING ARBITRATIONCOMPANY. I UNDERSTAND AND ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT, AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND. By: Name: Date: PARENTAL CONSENT (“IF A MINOR) I”, as used throughout this Agreement) Date: Minor Participation If I am signing for a person under the age of eighteen (18) years old (a “Minor”), I represent that I am the Minor’s parent or parent/legal guardian or I have permission from the Minor’s parent or legal guardian to sign on behalf of the Minor’s parent or legal guardian toforegoing minor, among other things agree to all of the terms and as conditions of the above release, and I personally join in and will be responsible for the warranties, representations, covenants, obligations and responsibilities set forth within this Agreement, assume all risk and release Company from all liability for any injury to or cause by the Minorminor (i.e., releasing party) above. Minor Name: By:I sign this document to signify my agreement to all of the above terms and agree to fully hold harmless Company with respect to any claims which may be made (including any claims by the minor) as a result of the authorized exercise by any of Company of their rights hereunder.

Entire Agreement; Modification; Binding Effect. I understand and acknowledge that this This Agreement is the entire agreement between myself and the Company parties with respect to the subject matter hereof and supersedes any prior agreement or communications between myself and the Companyparties, whether written, oral, electronic, or otherwise. I understand and acknowledge that no No change, modification, amendment, or addition of or to this Agreement will agreement shall be valid unless in writing and signed by myself and authorized representatives of the Companyparties. I understand and acknowledge that this This agreement will shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties. I HEREBY UNDERSTAND AND ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND I UNDERSTAND THAT I AM GIVING UP SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO PURSUE LEGAL RECOURSE AGAINST THE COMPANY BY ANY OTHER MEANS OTHER THAN BINDING ARBITRATIONPROVISIONS. I UNDERSTAND AND ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT, AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND. ByPARTICIPANT INFORMATION Printed Name of Participant: NameGender: M F D.O.B: Address: _City: Zip:_ Phone: _Email: Participant’s Signature: _Date: (“18 and Over) MINOR RELEASE AND I”, as used throughout this Agreement) Date: Minor Participation If THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF PLAYING INDOOR SPORTS ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I am signing for a person HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE’S FROM ALL LIABILITY CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATION AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM. I HEREBY GIVE MY PERMISSION FOR MYSELF/MY CHILD TO BE PHOTOGRAPHED, VIDEOTAPED, AND/OR AUDIO TAPED DURING ACTIVITIES AT XL SPORTS WORLD. I FURTHER GIVE PERMISSION FOR SUCH MATERIALS TO BE USED IN PRINT OR BROADCAST MEDIA AS DEEMED APPROPRIATE BY XL SPORTS WORLD FOR PROMOTIONAL PURPOSES. PARENT/ GUARDIAN INFORMATION (only if participant is under the age of eighteen (18) years old (a “Minor”), I represent that I am the Minor’s parent or legal guardian or I have permission from the Minor’s parent or legal guardian to sign on behalf Printed Name of the Minor’s parent or legal guardian to, among other things and as set forth within this Agreement, assume all risk and release Company from all liability for any injury to or cause by the Minor. Minor NameParent/Guardian: ByD.O.B: Emergency Contact: Phone:

Entire Agreement; Modification; Binding Effect. I understand and acknowledge that this This Agreement is the entire agreement between myself and the Company parties with respect to the subject matter hereof and supersedes any prior agreement or communications between myself and the Companyparties, whether written, oral, electronic, or otherwise. I understand and acknowledge that no No change, modification, amendment, or addition of or to this Agreement will agreement shall be valid unless in writing and signed by myself and authorized representatives of the Companyparties. I understand and acknowledge that this This agreement will shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the parties. I HEREBY UNDERSTAND AND ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS AND I UNDERSTAND THAT I AM GIVING UP SIGNIFICANT LEGAL RIGHTS, INCLUDING THE RIGHT TO PURSUE LEGAL RECOURSE AGAINST THE COMPANY BY ANY OTHER MEANS OTHER THAN BINDING ARBITRATIONPROVISIONS. I UNDERSTAND AND ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT, AGREEMENT I HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY TO REVIEW THIS AGREEMENT. I AM AT LEAST EIGHTEEN (18) YEARS OF AGE AND FULLY COMPETENT, AND I EXECUTE THIS AGREEMENT VOLUNTARILY AND FOR ADEQUATE CONSIDERATION INTENDING TO BE FULLY BOUND. ByPARTICIPANT INFORMATION Printed Name of Participant: NameGender: M F D.O.B: Address: _City: Zip:_ Phone: _Email: Participant’s Signature: _Date: (“18 and Over) MINOR RELEASE AND I”, as used throughout this Agreement) Date: Minor Participation If THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF PLAYING INDOOR SPORTS ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I am signing for a person HEREBY RELEASE, DISCHARGE, COVENANT NOT TO XXX, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEE’S FROM ALL LIABILITY CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATION AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM. I HEREBY GIVE MY PERMISSION FOR MYSELF/MY CHILD TO BE PHOTOGRAPHED, VIDEOTAPED, AND/OR AUDIO TAPED DURING ACTIVITIES AT XL SPORTS WORLD. I FURTHER GIVE PERMISSION FOR SUCH MATERIALS TO BE USED IN PRINT OR BROADCAST MEDIA AS DEEMED APPROPRIATE BY XL SPORTS WORLD FOR PROMOTIONAL PURPOSES. PARENT/ GUARDIAN INFORMATION (only if participant is under the age of eighteen (18) years old (a “Minor”), I represent that I am the Minor’s parent or legal guardian or I have permission from the Minor’s parent or legal guardian to sign on behalf Printed Name of the Minor’s parent or legal guardian to, among other things and as set forth within this Agreement, assume all risk and release Company from all liability for any injury to or cause by the Minor. Minor NameParent/Guardian: ByD.O.B: Emergency Contact: Phone: