ESPORTERZ WAIVER

RELEASE OF LIABILITY, FULL DISCLOSURE, INFORMED CONSENT, 
WAIVER AND INDEMNITY AGREEMENT

To be signed by parent/guardian if the participant is under 18 years of age.

In exchange for participation either in-person or online in the activity of spectating, participating, and playing in programs and events organized by The Esports Institute, dba: Esporterz, (hereinafter referred to as "Esporterz") of 586 Magnolia Ave., Larkspur, CA 94939 and/or use of the property, facilities and services of Esporterz, I, (First)(Last), agree for myself and (if applicable) for the members of my family, to the following:

AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Esporterz, or the employees, representatives or agents of Esporterz.

ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge Esporterz for injury, loss or damage arising out of my or my family's use of or presence upon the facilities of Esporterz, whether caused by the fault of myself, my family, Esporterz or other third parties.

INDEMNIFICATION. I agree to indemnify and defend Esporterz against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Esporterz.

FEES. I agree to pay for all damages to the facilities of Esporterz caused by any negligent, reckless, or willful actions by me or my family.

APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under California law.

NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Esporterz has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.

ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.

ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.

DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

AGE REQUIREMENT. If the customer is not the required age to play the game due to game age rating they must have parent approval before participating in Esporterz events that have said games.

MEDIA CONSENT. I hereby grant Esporterz the absolute right and permission to use photographic portraits, pictures, digital images or videotapes of My Child, or in which My Child may be included in whole or part, or reproductions thereof in color or otherwise for any lawful purpose whatsoever, including but not limited to use in any Esporterz or partner publication or on the Esporterz websites, without payment or any other consideration.

I hereby waive any right that I may have to inspect and/or approve the finished product or the copy that may be used in connection therewith, wherein My Child’s likeness appears, or the use to which it may be applied.

I hereby release, discharge, and agree to indemnify and hold harmless Esporterz from all claims, demands, and causes of action that I or My Child have or may have by reason of this authorization or use of My Child’s photographic portraits, pictures, digital images or videotapes, including any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said images or videotapes, or in processing tending towards the completion of the finished product, including publication on the internet, in brochures, or any other advertisements or promotional materials.

COVID-19 Assumption of Risk, Release and Indemnification: The novel coronavirus, COVID-19, is a highly infectious, life-threatening disease declared by the World Health Organization to be a global pandemic. COVID-19 is highly contagious and is spread mainly from person to person contact or contact with surfaces that have been exposed to the virus.

Esporterz has instituted preventative measures to reduce the spread of COVID-19 in the facility. Due to the highly contagious nature of the virus, Esporterz is unable to guarantee that an individual will not become infected with COVID-19 as a result of their participation in programs and events in the center.

The attendee acknowledges the highly contagious nature of COVID-19 and voluntarily assumes the risk that its members, participants in programs and events, agents, employees, guests and invitees may be exposed to or infected by COVID-19 while in Esporterz facilities and that such exposure may result in personal injury, illness, permanent disability, and death.

Attendee agrees to indemnify, defend, and hold harmless Esporterz and any of their respective directors, officers, employees, volunteers and agents, or any of the fellow participants or their family members or guests from and against any suits, claims, damages, losses, costs and expenses (including but not limited to reasonable attorney's fees) on account of injury or death of any person or damage to property arising directly or indirectly from acts or omissions arising out of or connected with the subject matter of this Agreement, or the use of the Facilities by and/or the presence at Esporterz of the attendee its members, participants in the event, agents, employees, guests and invitees related to potential exposure to contagious viruses like the coronavirus.

I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.