WAIVER AND CONSENT 
This voluntary Waiver and Release Agreement (“Agreement”) is hereby executed by the undersigned, or if the undersigned is under the age of 18 years, then the undersigned’s parent or legal guardian (together with any heir, successor, representative or assign, collectively as “Participant”) in favor and for the sole and exclusive benefit of the Foundation for Grayson Sports, its officers, agents, representatives, and board members (the “Released Parties”).
In connection with Participant’s involvement and/or participation in the Released Parties’ scholarship and/or sporting equipment donation and exchange program (the “Programs”), which may involve the use of new, used, or refurbished sporting equipment or athletic gear, Participant hereby certifies, warrants, represents, agrees and covenants to the Released Parties”), that he/she is: (1) OF SOUND MIND AND BODY AND FULLY UNDERSTANDS THE RESPECTIVE INTENT AND MEANING OF ALL OF THE TERMS AND PROVISIONS HEREOF; (2) ENTERING INTO THIS WAIVER AND RELEASE AGREEMENT VOLUNTARILY, BY PARTICIPANT’S OWN FREE WILL, ACT AND DEED, WITHOUT ANY UNDUE INFLUENCE FROM THE RELEASED PARTIES OR ANY OTHER THIRD PARTY; AND (3) DERIVES A MATERIAL BENEFIT FROM THE PARTICIPANT’S INVOLVEMENT IN THE RELEASED PARTIES’ PROGRAMS AND HEREBY ASSUMES ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE RELEASED PARTIES’ PROGRAMS, INCLUDING, ALL RISKS AND DANGERS KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, AND RELATING OR INCIDENTAL TO PARTICIPANT’S INVOLVEMENT IN THE PROGRAMS AND ANY ACTIVITY ASSOCIATED THEREWITH. PARTICIPANT HEREBY RELEASES, FOREVER DISCHARGES AND HOLDS HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, DEATH, BODILY INJURY OR PROPERTY DAMAGE OF ANY KIND OR NATURE (COLLECTIVELY, THE “LOSSES”), ARISING OUT OF OR RELATING TO PARTICIPANT’S INVOLVEMENT IN ANY OF RELEASED PARTIES’ PROGRAMS AND ACTIVITIES ASSOCIATED THEREWITH, INCLUDING LOSSES CAUSED BY THE NEGLIGENCE, OR ALLEGED NEGLIGENCE, OF THE RELEASED PARTIES.
Participant understands that by signing this Agreement, Participant covenants and agrees that Participant, as well as such
Participant's heirs, executors, administrators, successors and assigns, will never institute any suit or action at law, or otherwise, against any of the Released Parties, or in any way aid in the institution or prosecution of any claim, demand, action or cause of action for damages, costs, loss of services, expenses or compensation for or on account of any damage, loss or injury either to Participant's person or property, or both, which may result from the Participant's participation any of Released Parties’ events or programs. Participant agrees to defend and hold the Released Parties harmless from any loss or damages, including attorneys' fees and costs, sustained by the Released Parties, or any one or more of them, as a result of any Participant's rescission of this
Agreement or breach of its covenants or agreements contained in this paragraph.
PHOTOGRAPHY RELEASE: Participant further agrees to allow the Released Parties to take photographs of the Participant and grant permission for these to be used by the Released Parties, and its project partners to advertise and promote Foundation for Grayson Sports in publications, press articles, promotional material, and websites. The consent given herein is intended to remain perpetual and shall remain in full force and effect for as long as the Released Parties choose to use the photographs. The rights and title to all photographs shall be owned solely and exclusively by Foundation for Grayson Sports. Participant shall have no right to use, reproduce, display, share, or otherwise exercise control over any photograph taken by or on behalf of Foundation for Grayson Sports without written consent.
I also agree to the Participant’s name being published in any associated publicity. ☐ Yes ☐ No
VIRTUAL CREDIT CARD NUMBER: To keep the Participant’s identity confidential, the Related Parties may allow the Participant to use the Related Parties’ virtual credit card number for the Participant to pay exclusively for youth sports association registration fees and/or youth sports equipment for that current sport season. When purchasing the youth sports equipment with the Related Parties’ virtual credit card number, the Participant agrees to only use the virtual credit card number to purchase youth sports equipment needed for the current sport season when the virtual credit card was provided (the “Authorized Equipment”). If the Participant intentionally or unintentionally purchases any goods or items other than the Authorized Equipment, the Participant agrees to reimburse the Related Parties for the total amount spent on all goods or items not defined as the Authorized Equipment. The Participant can no longer receive any grants from the Related Parties until full reimbursement is made.
GOVERNING LAW: The validity, interpretation, construction and enforcement of this Agreement shall be governed and
controlled by the laws of the State of Texas, without regard to that State's rules with respect to choice of law. Venue for any dispute arising out of this Agreement shall be in Grayson County, Texas. If any provision of this Agreement shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid or unenforceable provision were omitted.
THE WAIVER AND RELEASE GRANTED BY PARTICIPANT HEREUNDER IS LEGALLY BINDING AND SHALL BE CONSIDERED IRREVOCABLE. PARTICIPANT AGREES THAT THE RELEASED PARTIES MAY RELY UPON THIS AGREEMENT TO THE FULLEST EXTENT

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