TERMS OF SERVICE

I hereby assume any and all risk associated with my participation in any Cornhole organized, operated, promoted, partnered, or sponsored game, sport, function, activity, event, or social event (“Activities”) by Cornhole Charlotte LLC (“Cornhole Charlotte”).

I have read Cornhole Charlotte’s rules, terms and conditions, and agree to abide by them. I fully release and discharge Cornhole Charlotte and all of its Releasees (as defined below), including by not limited to its brewery partners from any and all claims for injuries, sicknesses, damages, or losses, including negligence, sustained during any and all activities associated with Cornhole Charlotte.

I acknowledge, agree, and represent that I understand the nature of the Activities, I understand the nature of the environment regarding social gatherings for games/matches, functions, and events, and that I am qualified, in good health, and in proper physical condition, and do not suffer from any heart, lung, or other medical conditions or diseases that might in any way hinder or prevent me from fully participating in the Activities, or make me more susceptible to injury, sickness, or harm while participating. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activities. And further, I agree that I understand that Cornhole Charlotte provides activities that require social gathering and if I believe conditions are unsafe from contraction of any virus or other health concern, I will immediately discontinue further participation in the Activities.

I fully understand that the Activities involve risk and dangers of serious bodily injury and sicknesses, including permanent disability, paralysis, and death (“Risk”); I fully understand these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of participating in the Activities, the action or inactions of others participating in the Activities, the condition and environment in which the Activities take place, or the negligence of the “Releasees” named below; I fully understand there may be other risks, including social and economic losses either not known to me or not readily foreseeable at this time; and I fully accept and assume all such Risks and all responsibility for losses, costs, damages, and sicknesses I incur as a result of my participation in the Activities.

I hereby release, discharge, and covenant not to sue Cornhole Charlotte, their respective administrators, directors, agents, members, owners, officers, volunteers, employees, other participants, any sponsors, advertisers, and the owner and lessors of the premises on which Cornhole Charlotte Activities such as games, matches, functions, activities, and events take place (each considered as one of the “Releasees” herein) from all liabilities, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the “Releasees” or otherwise including negligent rescue, operations and I further agree that if, despite this release and waiver of liability, assumption of risk and indemnity agreement, I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any litigation expenses, attorney fees, loss, liabilities, damage, cost, or sickness which may incur as a result of such claim.

Further and additionally, (A) I hereby release, discharge, and hold harmless Cornhole Charlotte and the Releasees from any and all liability that may arise directly or indirectly at any time, by reason of any injury, sickness, death, damage, loss, or expense incurred in connection with (i) my participation in the Activities themselves, or (ii) my attendance at any game, sport, function, social, or charitable event or gathering that may be organized, authorized, or paid for by the Releasees, individual players, or any league or division organized under the Releasees or their rules, including but not limited to “happy hours”, bar functions, and any pre-game or post-game events or gatherings; and (B) I fully authorize Cornhole Charlotte, its subsidiaries and affiliates to use my name, likeness, or image for purposes of advertising, marketing, promotion, or trade without further compensation, except where prohibited by law; and I further acknowledge and agree that any images or recordings obtained or procured by Cornhole Charlotte shall be the sole and exclusive property of Cornhole Charlotte, and may be published, broadcast, or otherwise disseminated at the sole and exclusive discretion of Cornhole Charlotte.

Without limiting the foregoing, in return for the being allowed to participate, I further release, discharge, and agree to hold harmless Cornhole Charlotte, all of its Releasees from any and all liability that may arise, directly or indirectly, now or in the future, by reason of any injury, damage, loss, or expense incurred in connection with my participation, even if caused solely or in part by the fault of Cornhole Charlotte and its Releasees. “Fault” includes, but is not limited to negligence, gross negligence, and/or recklessness. This waiver and release is a binding legal document. Cornhole Charlotte and its Releasees will have the legal right to rely fully on all statements, agreements, and promises that I make in this waiver and release. This waiver and release is binding on my executors, administrators, successors, and assigns, as well as, upon me.

I have read this agreement, fully understand its terms, understand that I have given up all my rights other than those required by law in signing this agreement, and have signed it freely and without inducement or insurance of any nature and intended to be a complete and unconditional release of all liabilities. By accepting the rules and terms of this waiver, I acknowledge that I have read the entire contents of this waiver, understood it, and agree to be bound by its terms. I further acknowledge that I agree to the terms of this waiver voluntarily, and that I am an adult age twenty-one (21) years of age or older to participate in any of the Activities.