Real Time Athletes, Inc Athletic & Skills Testing and Evaluation Events Waiver – Release

I accept these terms in consideration of being allowed to participate in any way in the AthPro360 athletics/sports program, related events and activities. To ALL Teams & Individual Players & Spectators participating in any of our related skill evaluation or athletic testing events. Athletic Testing with any of our affiliates or partners (the “Test Partners”) Release and Waiver of claims and liabilities and leaderboard permission. Upon registering for an account and/or registering for an event to be tested or by participating in any event or any other Test Partners event you agree to these terms and conditions. These terms apply to your continuing participation as a registered user in our system and/or a registered participant in any of our events or related activities: In consideration of being allowed to participate in any way in the AthPro360 athletics/sports program, related events and activities, the undersigned acknowledges, appreciates, and agrees that:, I, for myself, my heirs, personal representatives or assigns, hereinafter collectively referred to as (“Guardian”), do hereby release, waive, discharge, and covenant not to sue AthPro360.com, TourneyEngine, USA Scoutwire, Real Time Athletes Inc. (RTA), collectively referred to as (“RTA”), its Test Partners, directors, officers, employees, coaches, sponsors, and agents from liability from any and all claims including the negligence of the Test Partners or RTA, resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in activities, classes, competition, practices (formal and informal), observation, and use of facilities, premises, or equipment. I understand and agree that my scores will automatically be added to my AthPro360.com online athletic profile and to the national leaderboard and college scouts are able to search and find my scores for recruiting purposes. RTA owns all rights to all data on our sites. Assumption of Risks: Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. RTA and Test Partners owns rents and uses facilities and equipment for and provides for activities such as weightlifting, running, aerobic activities, classes, competition, practices and various other sporting activities. Some of these involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction, and others involve sustained physical activity which places stress on the cardiovascular system. The specific risks vary from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, and sprains to 2) major injuries such as eye injury or loss of sight, joint or back injuries, heart attacks, and concussions to 3) catastrophic injuries including paralysis and death. 4) The risk to have contact with individuals, who have been exposed to and/or have been diagnosed with one or more communicable diseases, including but not limited to COVID-19 or other medical conditions, diseases, or maladies does exist, and it is impossible to eliminate the risk that I could be exposed to and/or become infected through contact with or close proximity with an individual with a communicable disease. I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in the activities made possible by the Test Partners. I hereby assert that participation is voluntary and that I knowingly assume all such risks. Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD RTA and its Test Partners, HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in any activities related to RTA and/or Test Partners events and to reimburse RTA for any such expenses incurred by any claims made by me covered by this agreement. Severability: The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, I fully understand its terms, and understand that I am giving up substantial rights, including my right to and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law. I accept these terms by accepting to be tested at this or any other Test Partners event.