Waiver and Release of Liability

This Waiver and Release of Liability (“Agreement”) is entered into as of the date set forth below, by and between Cowles Real Estate Company, a Washington corporation (“CREC”), and the person listed below as “Participant,” and, if Participant is a minor, Participant's parent or guardian. In consideration of CREC providing Participant the opportunity to use CREC's pickleball facility (“Facility”), the Participant agrees as follows:

1. Participant acknowledges there are inherent risks associated with sports activities such as described below, and hereby expressly assumes all risks associated with participating in such sports activities. The inherent risks include, but are not limited to, the possibility of an injury, harm or death to the Participant or the persons around the Participant; the limited availability of emergency medical care; and the potential of another party to act in a negligent manner that may contribute to injury to the Participant or others. Participant acknowledges that sports activities, by their nature, are inherently dangerous. Participant assumes all risks in connection therewith and all risk associated with Participant’s use of the Facility, and expressly waives any claims for any injury or loss arising therefrom. Participant agrees to abide by and follow CREC's rules and regulations for use of the Facility, which shall be posted and/or available from time to time. Participant assumes all risks therefor.

2. PARTICIPANT (OR PARTICIPANT'S PARENT OR GUARDIAN IF PARTICIPANT IS A MINOR) AGREES TO HOLD HARMLESS, INDEMNIFY AND DEFEND (AS COSTS ARE INCURRED) CREC AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, JUDGMENTS, LIABILITY, ORDERS, COSTS OR EXPENSES, INCLUDING ATTORNEY'S FEES, WHICH MAY IN ANY WAY ARISE FROM OR BE IN ANY WAY CONNECTED WITH PARTICIPANT'S USE OF OR PRESENCE UPON CREC’S PROPERTY AND PARTICIPANT'S USE OF THE FACILITY. In the event Participant is a minor, the parent or guardian shall further indemnify, defend and hold CREC and its officer, directors, shareholders, employees, representatives and agents harmless from any such claims by said minor child.

3. Any action brought under this Agreement shall be brought within one (1) year of the incident or accident giving rise to any alleged claim, and in no event shall CREC be liable for damages in excess of $5,000.

4. Participant agrees to waive the protection of any applicable statutes in this jurisdiction whose purpose, substance and/or effect is to provide that a general release shall not extend to claims, material or otherwise, which the person giving the release does not know or suspect to exist at the time of executing said release.

5. This Agreement shall be governed by Washington law.

I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL. I ACKNOWLEGE THAT BY SIGNING THIS WAIVER AND RELEASE OF LIABILITY, I AM SURRENDERING VALUABLE LEGAL RIGHTS TO BRING LEGAL ACTION AGAINST CREC.

I hereby attest that I am a competent adult, aware of the risks of injury while playing pickleball, and of the physical and mental incapacity that can result from such injuries, including a risk of death.

I hereby waive any claims against CREC, its officers, directors, shareholders, employees, representatives and agents or any other party on behalf of myself, my successors in interest, guardians, legal representatives, heirs and assigns, and release CREC from any claims or liability whatsoever with regard to damages that arise in connection with my use of the Facility.

I HAVE READ THIS AGREEMENT, AND I UNDERSTAND THAT IT IS RELEASE OF CLAIMS AND THAT I AM ASSUMING RISKS INHERENT TO PLAYING PICKLEBALL AND USE OF THE FACILITY, AND I AGREE TO BE FULLY BOUND BY ITS TERMS.

Cowles Real Estate Company, a Washington corporation