THE CLUBHOUSE / HARRYMAC, LLC

ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT

TO BE COMPLETED BY PARTICIPANT OR PARENT/GUARDIAN (IF PARTICIPANT IS A MINOR)

This Assumption of Risk, Waiver and Release of Liability, and Indemnification Agreement (the “Agreement”) is entered into between the undersigned participant (and, if applicable, the parent or legal guardian of a minor participant) (“Participant”) and The Clubhouse and HARRYMAC, LLC, its members, managers, owners, employees, agents, contractors, volunteers, insurers, and affiliates (collectively, the “Company”).

In consideration of being permitted to enter the Company’s premises and to participate in open gym use, basketball training sessions (individual or group), camps, clinics, leagues, events, and related activities, and to use the Company’s facilities and equipment, Participant agrees as follows:

1. ASSUMPTION OF RISK

Participant understands and expressly acknowledges that participation in athletic and fitness activities—including, without limitation, open gym play, basketball games, drills, scrimmages, strength and conditioning, speed and agility training, camps, clinics, and instructional sessions—involves inherent and significant risks that cannot be eliminated, even with the exercise of reasonable care.

Such risks include, but are not limited to:

• Muscle strains, sprains, and tears

• Fractures and dislocations

• Head injuries and concussions

• Overexertion, dehydration, or heat-related illness

• Collisions with other participants, staff, or equipment

• Permanent disability and/or death

Participant further acknowledges that injuries may result from Participant’s own actions or inactions, the actions or inactions of others, the condition of the premises, or the use or misuse of equipment, whether arising during supervised or unsupervised activities.

Participant knowingly, voluntarily, and expressly assumes all such risks, whether known or unknown, foreseeable or unforeseeable, while on or about the Company’s premises or participating in any Company-related activity.

2. SCOPE OF ACTIVITIES COVERED

This Agreement applies to all activities hosted by the Company, including but not limited to:

• Open Gym Use: Unsupervised or minimally supervised recreational use of courts and equipment.

• Training Sessions: Individual or group basketball instruction, performance training, strength and conditioning, and skills development.

• Camps and Clinics: Multi-day or single-day instructional programs, seasonal camps, clinics, leagues, and special events.

This Agreement applies regardless of whether the activity is supervised, instructed, competitive, recreational, or instructional in nature.

3. USE OF PREMISES

This Agreement applies to all areas of the Company’s premises, including but not limited to basketball courts, training areas, weight rooms, restrooms, locker rooms, hallways, lobbies, spectator areas, sidewalks, entrances, exits, and parking areas, as well as travel to and from such premises.

4. WAIVER AND RELEASE OF LIABILITY

To the fullest extent permitted under New Jersey law, Participant releases, waives, and forever discharges the Company from any and all claims, demands, actions, causes of action, damages, losses, or liabilities of any kind, whether known or unknown, present or future, arising out of or related to Participant’s participation in Company activities or use of the premises, facilities, or equipment.

This release includes claims arising from the ordinary negligence of the Company, including but not limited to:

• Negligent instruction, training, or supervision

• Negligent hiring, retention, or training of staff

• Negligent maintenance or inspection of facilities or equipment

• Equipment malfunction or failure

• Slipping, tripping, or falling on the premises

This Agreement does not release claims for gross negligence, recklessness, or intentional misconduct, to the extent such claims may not be waived under New Jersey law.

5. INDEMNIFICATION

Participant agrees to indemnify, defend, and hold harmless the Company from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Participant’s participation in any activity on Company premises

• Participant’s acts or omissions

• Any injury, loss, or damage caused to any other person by Participant or Participant’s guest(s)

6. OPEN GYM ACKNOWLEDGMENT

Participant acknowledges that open gym use may involve limited or no direct supervision. Participant voluntarily assumes full responsibility for safe conduct during open gym use and agrees that the Company has no duty to provide individualized instruction, spotting, or monitoring during such use.

7. TRAINING SESSIONS, CAMPS, AND CLINICS

Participant understands that while training sessions, camps, and clinics may include instruction or coaching, no activity is risk-free. Participant agrees to follow all instructions and safety rules but acknowledges that instruction does not eliminate the inherent risks of athletic participation.

8. RESPONSIBILITY FOR MINORS AND GUESTS

If Participant is a parent or legal guardian signing on behalf of a minor, the undersigned expressly:

• Consents to the minor’s participation in all Company activities

• Assumes all risks on behalf of the minor

• Agrees to this release and indemnification on behalf of the minor

Participant is responsible for the conduct and safety of any guest(s) brought onto the premises.

9. NO MEDICAL CARE OR ADVICE

Participant acknowledges that the Company does not provide medical services. Participant represents that they (or the minor participant) are physically able to participate and will immediately cease participation if unsafe conditions are perceived.

10. PERSONAL PROPERTY

The Company is not responsible for loss, theft, or damage to personal property while on or about the premises.

11. NO PRODUCT LIABILITY

Participant acknowledges that the Company is not a manufacturer or seller of sports or exercise equipment and does not place such items into the stream of commerce. Any equipment use is incidental to the services provided.

12. SEVERABILITY

If any provision of this Agreement is held invalid or unenforceable under New Jersey law, the remaining provisions shall continue in full force and effect.

13. GOVERNING LAW AND VENUE

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. Venue for any dispute shall lie exclusively in the state or federal courts located in New Jersey.

14. ACKNOWLEDGMENT AND VOLUNTARY EXECUTION

I HAVE READ THIS AGREEMENT CAREFULLY AND FULLY UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR ORDINARY NEGLIGENCE. I AM SIGNING THIS AGREEMENT VOLUNTARILY AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE TO THE FULLEST EXTENT PERMITTED BY NEW JERSEY LAW.