By consenting to this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily

assume the risk that my family, including child(ren), and I may be exposed to or infected by

COVID-19 while on site at Reed Creek Racquet and Swim Club, Inc. located at 7678 Hwy 64 E

Ramseur NC 27316 and that such exposure or infection may result in personal injury, illness,

permanent disability, and death. I understand that the risk of becoming exposed to or infected by

COVID-19 at Reed Creek Racquet and Swim Club, Inc. located at 7678 Hwy 64 E Ramseur NC

27316 may result from the actions, omissions, or negligence of myself and others, including, but

not limited to, the Reed Creek Racquet and Swim Club, Inc. Board and employees, volunteers,

and other members, guests, and their families. I voluntarily agree to assume all of the foregoing

risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not

limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or

expense, of any kind, that I, my family and my child(ren) may experience or incur in connection

with my child(ren)’s attendance at Reed Creek Racquet and Swim Club, Inc. located at 7678

Hwy 64 E Ramseur NC 27316 (“Claims”). On my behalf, and on behalf of my children, I hereby

release, covenant not to sue, discharge, and hold harmless the Reed Creek Racquet and Swim

Club, Inc. Board and employees, volunteers, and other members, guest, and their families , of

and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any

kind arising out of or relating thereto. I understand and agree that this release includes any

Claims based on the actions, omissions, or negligence of the Reed Creek Racquet and Swim

Club, Inc. Board and employees, volunteers, and other members, guests, and their families,

whether a COVID-19 infection occurs before, during, or after visiting Reed Creek Racquet and

Swim Club, Inc. located at 7678 Hwy 64 E Ramseur NC

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In consideration of the risk of injury while participating in Swimming, Diving, Sunbathing, Tennis, Volley Ball, Basketball, Horse Shoes, Corn Hole, or any other activity at Reed Creek Racquet and Swim Club. (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Reed Creek Racquet and Swim Club, located at 7678 U.S. Highway 64, Ramseur, North Carolina, 27316 and with a mailing address of PO BOX 305, Ramseur, North Carolina, 27316, their board, affiliates, managers, life guards, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.

I agree to indemnify and hold harmless Reed Creek Racquet and Swim Club against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Reed Creek Racquet and Swim Club incurs any of these types of expenses, I agree to reimburse Reed Creek Racquet and Swim Club.

I acknowledge that Reed Creek Racquet and Swim Club and their board, directors, officers, managers, life guards, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Reed Creek Racquet and Swim Club.

I acknowledge that this Activity may involve a test of a person’s physical and mental limits and may carry with it the potential for death, serious injury, and property loss. The risk my include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and event monitors, and/or producers of the event.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “REED CREEK RACQUET AND SWIM CLUB WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE REED CREEK RACQUET AND SWIM CLUB AND ALL OF ITS AFFILIATES, BOARD, OFFICERS, MANAGERS, LIFE GUARDS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING LEGAL ACTION AGAINST REED CREEK RACQUET AND SWIM CLUB FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Reed Creek Racquet and Swim Club, its agents, and employees.

In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.

This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the participant, Member(s) and Reed Creek Racquet and Swim Club agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Reed Creek Racquet and Swim Club Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

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In the event that the member participant(s) is under the age of consent (18 years of age), then this release must be consented by a parent or guardian, as follows:

I hereby certify that I am the Parent or guardian of all named child accounts on my membership, and do hereby give my consent without reservation to the foregoing on behalf of this individual.

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