XOSO, LLC
ASSUMPTION OF RISK, RELEASE OF LIABILITY, INDEMNIFICATION AGREEMENT AND LIKENESS USE
("Agreement")
In consideration of being allowed to participate in any way in one or more XOSO, LLC programs, related events and activities (referred to herein as a "Xoso Activity" or "Xoso Activities" as the context requires), I acknowledge, appreciate, and agree that:

General. Risks of Xoso Activities include, but are not limited to, injury to the head, neck or spine; injury to muscles, bones, ligaments, tendons and other connective tissues; injury to internal and external organs, loss of or damage to sight, hearing, or teeth; long or short term disability; loss of income, career opportunities or the enjoyment of life and; pain, and scarring or disfigurement. The causes of possible injury are many, including but not limited to: injury from bodily contact, incidental or inherent in the nature of the activity; slipping and falling or tripping on surfaces, regardless of physical or environmental conditions; injury from warming up, practicing or training for participation; injury due to supervision or lack of supervision by XOSO, LLC employees or agents, including referees or officials, or to rules or regulations and instructions (or lack thereof) regarding the use of equipment or tools or to the nature of the activity itself, particularly in activities involving contact (or potential contact) with other persons, equipment or balls; or injury due to a disparity among other participants or teams with respect to experience level, strength, height, weight, age, ability, and the relative competitiveness or maturity of, between or among other participants and; malicious acts of other participants, regardless of whether XOSO, LLC had or should have had knowledge of the likelihood of malicious acts by such participant. The risk of injury from many of the activities is significant, including the potential for permanent paralysis and death, and while particular skills, rules, equipment, and personal discipline may reduce this risk, the risk of serious injury cannot be eliminated.

COVID-19 & Viruses: The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. It is believed that an individual can be in infected with COVID-19 without their knowledge and be asymptomatic. Xoso, LLC has put in place preventative measures to reduce the spread of COVID-19. However, Xoso, LLC cannot guarantee that I or anyone else will not become infected with Xoso, LLC, including my spouse, guests, unborn child, or relatives. Participation in a Xoso Activity, could increase the risk of contracting COVID-19. The risk that I may be exposed to COVID-19 OR ANY OTHER TRANSMISSABLE VIRUS is specifically assumed – including exposure that may have been caused by the actions or inactions of employees or agents of XOSO, LLC.

By signing this agreement, I ACKNOWLEDGE the contagious nature of COVID-19 and VOLUNTARILY ASSUME THE RISK that I may be exposed to or infected by COVID-19 by participating in a Xoso Activity, and that such exposure or infection may result in personal injury, illness, permanent disability, and death to myself, my spouse, guests, unborn child, or relatives. I understand that the risk of becoming exposed to or infected by COVID-19 at a Xoso Activity may result from the actions, omissions, or negligence of myself or others, including, but not limited to, Xoso, LLC employees, volunteers, and program participants. I UNDERSTAND AND VOLUNTARILY ACCEPT AND ASSUME ALL the foregoing risks related to COVID-19 and accept sole responsibility for any injury or illness that may occur. Further, I UNDERSTAND AND AGREE that this release includes any Claims based on the actions, omissions, or negligence of Xoso, LLC, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Xoso Activity. XOSO, LLC shall not be liable for any injuries, damages or illnesses arising from exposure to COVID-19 or any other transmissible virus. I agree not to sue XOSO, LLC for any illnesses, injuries or damages related to COVID-19 or any other transmissible virus, regardless of whether such exposure or transmission was caused by the negligence of XOSO, LLC or any of its employees or agents.

Assumption of Risk. I KNOWINGLY AND FREELY ASSUME ALL RISKS RELATED TO OR ARISING OUT OF ANY XOSO ACTIVITY, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (as defined in the next paragraph) or others and assume full responsibility for my participation.

Release from Liability. I, for myself and on behalf of my heirs, assigns, personal representatives, next of kin and whomever else may have an interest either at common law or by operation of statute, HEREBY RELEASE, WAIVE, RELINQUISH, DISCHARGE AND COVENANT NOT TO SUE XOSO, LLC, Xoso Sport & Social League, Xoso Sports, its officers, officials, agents, and/or employees, volunteers, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the Xoso Activity (collectively, the "Releasees"), FROM LIABILITY FROM ANY AND ALL CLAIMS FOR ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, SUSTAINED AS A RESULT OF, ARISING OUT OF OR RELATED TO ANY XOSO ACTIVITY, to the fullest extent permitted by law.

Indemnity. I further agree to indemnify, defend, save, and hold harmless the Releasees from and against any and all claims, demands, liabilities, damages, actions, causes of action, losses, injuries, costs, or expenses, including attorneys' fees, arising out of or in any manner connected with my participation in any Xoso Activity, except to the extent caused solely by the willful misconduct of the Releasees. I acknowledge that the agreements made herein were and will continue to be a material and important consideration and inducement to XOSO, LLC's admittance of me to any Xoso Activity.

Representations and Warranties. I represent and warrant I am in good physical condition and able to safely participate in any Xoso Activity in which I participate. I willingly agree to comply with the stated and customary terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately. I will not exceed my physical abilities during any Xoso Activity. I acknowledge that the Releasees have made no recommendations or determinations as to my fitness or ability to participate in any Xoso Activity. I represent and warrant that I shall periodically and as needed consult with my physician, and shall not engage in any activity which is more rigorous than that recommended by such physician. I further agree that I will not use any equipment unless and until I have thoroughly familiarized myself with the correct use and operation thereof. I further agree that I shall not participate in any activity if I am ill, in poor health, or have any condition which might make my participation in the activity dangerous to me or if I have reason to believe I am injured or may become injured. I represent and warrant to the Releasees that I have full legal authority to complete this registration process and agree to this Agreement.

Medical Treatment.I understand that Xoso Sport & Social League has no responsibility to detect factors that may increase illness or injury and that I should consult a physician before beginning or participating in a program.

I do hereby release and forever discharge Xoso Sport & Social League from any claim whatsoever that arises or may hereafter arise on account of any first aid, treatment or service rendered as a good Samaritan in connection with the my participation in the Xoso activity.

Insurance. I understand that Xoso Sport & Social League does not carry or maintain health or disability insurance coverage for any Participant. I am expected and encouraged to obtain my own health insurance coverage.

Likeness Use. Participant hereby irrevocably grants to Xoso Sport & Social League, the right and authority to film, videotape, photograph and/or record, in any manner or medium, the Participant, and to use such film, videotape, photography and/or recordings (Products) in perpetuity, any number of times, for any purpose and in any manner or medium now or hereafter known in connection with the display, distribution, promotion, marketing or sale of Products by any means and through any channels, including, without limitation, in or on any website, marketing, advertising, promotions and packaging relating to Xoso Sport & Social League without remuneration.

Severability. I expressly agree that this Agreement is intended to be as broad and inclusive as is permitted by the law of the State of California, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I HAVE READ THIS ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, INCLUDING THE RIGHT TO SUE, AND SIGN IT FREELY AND VOLUNTARILY AND INTEND TO COMPLETELY AND UNCONDITIONALLY RELEASE THE RELEASEES FROM ALL LIABILITY IN CONNECTION WITH MY PARTICIPATION IN OR ATTENDANCE OF ANY XOSO ACTIVITY. I AGREE THAT MY ELECTRONIC SIGNATURE BELOW IS INTENDED TO HAVE THE SAME FORCE AND EFFECT AS A MANUAL SIGNATURE.

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Refund Policy.
Because the cost associated with the leagues are paid before the leagues begin, Xoso Sport & Social League will NOT provide refunds or credits for any reason, including (but not limited to) illness, injury, relocation, etc.

In some cases, we may need to delay the start of the league. This may be due to teams needing more time to complete their rosters, playing facilities having schedule conflicts and myriad other reasons. We reserve the right to delay league starts, and will incorporate all planned games into the revised schedule to the best of our ability. Delayed season starts are not grounds for a refund.

Player's or team's decision not to participate in a league they have registered for is not grounds for a refund. I If players or teams choose not to participate after they have registered and before registration ends, they may request a credit to use towards a future league. All requests must be submitted in writing to comeplay@xososports.com and any credit issued will be at the discretion of the league.

In the case of excessive missed games due to weather, or any other circumstances causing a reduction in the number of games played, there will be no refund or credit for games not played.Xoso reserves the right to host games on days other than a normal day of regular season play, and at alternate times and locations from those originally designated if necessary. No refunds shall be provided under these circumstances.

Refunds will only be processed in the event that Xoso Sport & Social League staff has to cancel a league or activity. The most likely cause would be leagues without enough registrations to proceed as planned. If an unforeseen circumstance should occur and we have to cancel a league, we will offer options, including a refund, to anyone directly affected by the cancellation.