DISCLOSURE, WAIVER AND RELEASE OF LIABILITY AGREEMENT (“AGREEMENT”)

BY SIGNING THIS AGREEMENT, YOU ARE CONSENTING TO THE WAIVER AND RELEASE OF CERTAIN LEGAL RIGHTS, ACKNOWLEDGING YOUR EXPRESS ASSUMPTION OF RISK, AND AGREEING TO A COVENANT NOT TO SUE AS SET FORTH IN THIS AGREEMENT.

Acknowledgment of Risk

I, the undersigned participant, wish to participate in or otherwise attend, a pickleball match, class, clinic, lesson, league, event, demonstration, practice, tournament, exhibition, game and/or related training (the “Activities”) organized and/or promoted by Picklepoint, LLC (“Picklepoint”) and hereby agree to the following. If the individual participating in the Activities is a minor, the individual’s parent(s) or legal guardian(s), by signing this Agreement, makes the following representations on behalf of the individual.

Assumption of Risk

I agree to assume all risks related to my participation in the Activities, including risks posed by the condition of the facilities, equipment, actions of other participants, and any other factors that may arise during the activity. I fully understand that these risks exist despite the reasonable precautions taken by the facility and instructors. I further acknowledge that the Activities may place physical demands on my body, and I voluntarily assume all risks associated with participating in the Activities.

Release and Waiver

In consideration for being allowed to participate in the Activities, I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby release, waive, discharge, and covenant not to sue Picklepoint, LLC, Greenpoint Village, LLC, its directors, officers, employees, agents, volunteers, or contractors (collectively referred to as “Releasees”) from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or relating to any loss, damage, or injury, including death, that I

may suffer as a result of my participation in the Activities, whether caused by the negligence of the Releasees or otherwise. Indemnification I agree to indemnify and hold harmless the Releasees from any and all claims, actions, suits, and demands brought by any third party due to my participation in the Activities, including but not limited to claims arising from any injury, death, or damage caused by my actions. This Agreement applies to all claims arising out of or related to the Activities, whether caused by the

negligence of the released parties or otherwise.

Medical Clearance

I confirm that I have no known medical conditions that would impair my ability to safely participate in the Activities. I have consulted with a healthcare provider regarding my ability to participate in physical exercise, and I have received clearance to engage in the Activities. If at any time during the Activities I feel discomfort, pain, or distress, I agree to immediately stop andnotify the instructor or staff. I understand that I am solely responsible for monitoring my own physical condition and ensuring that I do not overexert myself.

Medical Treatment

In the event of an emergency or injury, I consent to the administration of first aid and/or medical treatment by a qualified medical professional. I agree to bear all costs associated with such treatment.

Code of Conduct

I agree to abide by the rules, regulations, and guidelines set forth by Picklepoint and the pickleball facility. I understand that any failure to follow the rules may result in my removal from the facility and/or suspension from further participation in the Activities.

Photographic Release

I grant permission to Picklepoint to use photographs, videos, or other media taken during the Activities for promotional purposes without compensation or further permission.

Severability and Governing Law

I expressly agree that this Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of New York and is intended to be as broad and inclusive as is permitted by the laws of New York. If any part of this Waiver and Release of Liability is found to be unenforceable, the remaining provisions shall remain in full force and effect.

Arbitration of Disputes

Any and all disputes, claims, or controversies arising out of or relating to this Agreement, including but not limited to its interpretation, enforcement, or breach, shall be resolved exclusively through binding arbitration. The arbitration shall be conducted in accordance with the rules of the [American Arbitration Association ("AAA") / JAMS] that are in effect at the time of the arbitration, and the arbitration will take place in [New York County, New York]. The arbitrator shall be a neutral party chosen in accordance with the rules of the AAA / JAMS and shall have experience in the subject matter of this Agreement. The decision of the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. Both parties agree to waive their right to a trial by jury or to participate in any class action. This arbitration clause shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of laws principles.

Entire Agreement

This Waiver and Release constitutes the entire agreement between the parties concerning the subject matter herein. It supersedes any prior or contemporaneous understandings or agreements, whether written or oral, relating to the subject matter. By signing below, I acknowledge that I have read and understand this Agreement y and that I am voluntarily agreeing to its terms. By signing below, I acknowledge that I have read, understood, and agree to the terms and conditions of this Agreement. I am signing this document voluntarily and without any inducement or assurance of any nature.

Elana Bush