2020-2021 Mo' Motion Waiver
ASSUMPTION OF RISKS, RELEASE OF LIABILITY AND INDEMNITY

In consideration for the below-named participant's ("Participant") participation in a Mo' Motion, Inc. ("Mo' Motion") birthday party, basketball practice or other group event including a team game with guest players (each, an "Event"), I hereby agree as follows:

The Participant is in good health and has my permission to participate in the Event.

The Participant will wear a mask properly for the duration of the event.  Participants who do not comply will be asked to leave.  Only vaccinated coaches are free to remove their masks while coaching.  Parents must remain socially distanced while they cheer outside.  Masks are optional for vaccinated spectators, but they are still expected to remain distanced.  Any parents or spectators that violate these rules will be asked to leave.

I received full information regarding the Event and had the opportunity to ask any questions that I wished.

I understand that although the services of Mo’ Motion and the facilities where the Event is taking place are designed to provide a safe level of beneficial exercise and enjoyment, there is an inherent risk in playing basketball and otherwise taking part in the Event, as well as in the use of the facilities where the Event is taking place, and, as such, the services provided by Mo' Motion and my child's participation in the Event may result in injury to the Participant (whether caused by Participant or someone else). I acknowledge that injuries may include but are not limited to broken bones, sprained ligaments, other musculoskeletal injuries, head injuries and abrasions, among others.

I hereby assume any and all risks related to the Event on behalf of the Participant.

For and on behalf of the Participant, I hereby release and discharge Maureen Holohan and Mo' Motion and Mo' Motion Ventures, LLC ("Ventures") and each of their directors, officers, members, shareholders, employees, agents and representatives, as well as all other persons or other entities that might have any liability (including without limitation the school, gym or other facility where the Event is taking place including The NEW YORK CITY DEPARTMENT OF PARKS AND RECREATION and RIVERBANK STATE PARK from and against any and all damages, actions, claims and liabilities whether known or unknown, anticipated or unanticipated, suspected or unsuspected, relating to or arising from any activity, occurrence, or event involving Mo' Motion or the Event, including without limitation claims arising from or related to the negligence of the Released Parties.

I further agree to indemnify, hold harmless, and defend the Released Parties from and against any loss, claim, damage, liability and expense (including reasonable attorney's fees), incurred by any of the Released Parties as a result of Participant's participation in the Event or in any breach of any of my representations hereunder.

I hereby permit Mo' Motion or its designee to take photographs and videos of Participant at the Event and to use such photographs and videos (including Participant’s name, biography, voice, words, actions, image and likeness) in any Mo' Motion promotional materials, brochures, websites, and videos and other programming, whether offered for free or sold by or on behalf of Mo’ Motion.  Mo’ Motion may edit such photographs and videos and combine them with other text, images and graphics.  I understand and agree I will not have the opportunity to inspect or approve any such photographs or videos.  I hereby release Maureen Holohan, Mo' Motion and Ventures (and their members, shareholders, officers, directors, employees and representatives) from any claims and liabilities arising from such photographs and videos and their usage.  I represent I am at least 18 years old and have the legal authority to execute this agreement on behalf of the Participant.

I understand and am aware that participation in any type of physical activity, including the use of equipment, is potentially hazardous. I also understand that these physical activities involve a risk of injury and even death and that I am voluntarily participating with the knowledge of the dangers involved.

I do hereby acknowledge that it was recommended that I obtain a physician’s approval prior to my participation in any of the activities with Mo’ Motion. I acknowledge that I have either had a physical examination and have been given medical clearance to participate, or that I have decided to participate in activities and/or use of equipment at the above listed facilities without medical clearance.

I hereby agree to accept, knowingly and voluntarily, any and all risks of injury arising out of my participation in any activities at the NYC Department of Education schools as well as Allen Stevenson, Trinity or Nightingale Bamford Schools.

The laws of the State of New York shall govern the rights and obligations of the parties to this agreement and the interpretation, construction, and enforceability thereof. I agree that any lawsuit brought against any of the Released Parties or otherwise in connection with Participant's participation in the Event shall be brought solely in the federal or state courts located in New York, New York.
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