TERMS AND CONDITIONS AND LIABILITY WAIVER

ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, AND INDEMNIFICATION
Using the MK Youth Foundation Facility (“Mokan Facility”) involves the risk of injury to you or your guest, whether you or someone else causes it. Specific risks vary from one activity to another and the risks range from minor injuries to major injuries, such as catastrophic injuries including death. In consideration of your use of the Mokan Facility, you understand and voluntarily accept this risk and agree that MK Youth Foundation and its officers, directors, employees, affiliates, volunteers, agents and independent contractors will not be liable for any injury, including, without limitation, personal, bodily, or mental injury, disease, economic loss or any damage to you, your spouse, guests, unborn child, or relatives resulting from any negligence of MK Youth Foundation or anyone on MK Youth Foundations’s behalf. In consideration of your being able to use the Mokan Facility, you agree to indemnify, defend and hold MK Youth Foundation harmless against any liability, damages, defense costs, including attorneys’ fees, or from any other costs incurred in connection with claims for bodily injury, wrongful death or property damage caused by your negligence or other wrongful acts or omissions. You further agree to hold harmless, defend and indemnify MK Youth Foundation from all liability, damages, defense costs, including attorneys’ fees, or from any other costs incurred in connection with claims for bodily injury, wrongful death or property damage brought by you, your guests, or minors, even if MK Youth Foundation was negligent. Further, you understand and acknowledge that MK Youth Foundation does not manufacture fitness or other equipment. You understand and acknowledge that MK Youth Foundation is providing recreational services and may not be held liable for defective products. You further expressly agree that this Release of Liability and Assumption of Risk is intended to be as broad and inclusive as permitted by law, but does not release, discharge, or waive any claims arising from reckless or intentional acts.
By accepting this agreement, you acknowledge and agree that you have read the foregoing and know of the nature of the activities and programs provided by MK Youth Foundation.
You are entitled to a copy of this agreement at the time you enroll. Please ask for a hard copy if you would like one. In all cases, the agreement will be emailed to the email address provided.

BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER
Binding Individual Arbitration and Class Action Waiver: Any disputes arising out of or relating to this Agreement or your use of the Mokan Facility, including any such dispute with MK Youth Foundation (collectively defined as “Disputes”), shall be governed by Kansas law regardless of your state of origin, and notwithstanding any conflicts of law principles. Any Disputes shall be resolved by final and binding individual arbitration, rather than in court, and without a jury, except that you may assert claims in small claims court if your claims qualify. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules (available at www.adr.org), including the AAA’s Consumer Arbitration Rules. Jurisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation, or scope of this Agreement, and who are proper parties to the Arbitration, shall be submitted to and ruled on by the Arbitrator. Arbitration costs and reasonable documented attorneys’ fees and costs of both parties shall be borne by the party that ultimately loses. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. We each agree that any dispute resolution proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action. Neither you, we, nor any other person may pursue a Dispute in arbitration as a class action, private attorney general action, or other representative action, nor may any Dispute be pursued on your behalf in any litigation in any court except as provided above.
Unless controlling legal authority requires otherwise, any award by an arbitrator or a court is limited to actual compensatory damages. Specifically, neither an arbitrator nor a court can award either party any indirect, special, incidental or consequential damages, even if one party told the other party they might suffer these damages.

ADDITIONAL NOTICES & CONSENT
Participant's Health Warranty. Participant represents that he/she is in good health and has no condition, disability, impairment, injury, disease, or ailment, preventing him or her from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise. Participant assumes full responsibility for his or her use of the Mokan Facility and shall indemnify MK Youth Foundation, its affiliates, agents and employees, against any and all damages arising out of his or her use of the Mokan Facility, except as otherwise set forth in this Agreement. Physical examinations by Participant's physician are recommended for Participants before commencing any exercise program, and especially for Participants who are at risk, including but not limited to pregnant Participants, or Participants unaccustomed to physical exertion, or who have physical limitations, a history of high blood pressure, heart problems or other chronic illnesses, or Participants who have a history of heart disease.
Medical Disclaimer. Participant has been informed and acknowledges that MK Youth Foundation has made no claims as to medical results that can or may be obtained through use of the Mokan Facility. MK Youth Foundation has neither suggested nor will it suggest any medical treatment to Participants. Only licensed medical professionals are qualified to give medical advice. Participant is instructed not to act on the advice given by any MK Youth Foundation employee unless such advice has been verified by Participant's licensed professional physician. Participant represents that there is no medical or physical condition that would preclude use of the Mokan Facility and each Participant further represents that he or she has not been instructed by any physician not to use the Mokan Facility.
Marketing and Contact Consent. By signing below, You verify that your correct mobile phone number is set forth above and that you consent to be contacted by MK Youth Foundation, their affiliates, and their authorized designees, through email, telephone, text message, or by other means, some of which may be from an automated service, as well as any other communication described in our Privacy Policy. Your personal information will not be sold to any third parties. MK Youth Foundation will use this information to share upcoming events, specials, updates, and for other business purposes that MK Youth Foundation believes may be of interest to you. You also agree to the Terms and Conditions and the Privacy Policy.
Media Usage and Image Consent. By signing below, you give your unconditional permission and authority for MK Youth Foundation (along with its affiliates, and its respective officers, directors, owners, employees and representatives), except where prohibited by law, to use your name, likeness, picture, voice, biographical information, and written or oral statements, acquired while you are using the Mokan Facility for marketing and advertising purposes in promoting or publicizing the Mokan Facility, and/or any other legitimate purposes, without compensation, unless required by law. You shall have no right of approval, no claim to compensation, and no claim arising out of any use or alteration of such materials.
You expressly agree that this release and the above consents are intended to be as broad and inclusive as permitted by applicable law. If any portion of the release from liability or the consents is deemed by an arbitrator or court of competent jurisdiction to be invalid, then the remainder of this agreement shall remain in full force and effect. This agreement applies to any person acting for you, on your behalf or acquiring rights through you including but not limited to your heirs, assigns, personal representatives, and any other next of kin. You understand that MK Youth Foundation is relying on this agreement in agreeing to allow you to use the Mokan Facility.

GENERAL PROVISIONS
Autopayment Agreement. You understand that purchasing a membership to the Mokan Facility entitles you to use the Mokan Facility during specified days and hours. You agree that your credit card/bank account will be automatically charged for each billing cycle you have committed to and that there will be no refunds for portions of any membership that you do not utilize. This agreement will remain active unless I cancel it, and I understand that I must give at least thirty days (30) written notice before my next charge date to cancel my agreement. I understand that my membership must be active to be canceled. I understand that there are no refunds given for inclement weather or other unforeseen circumstances that cause the studio to close.

Use of Facility. You understand and agree that you cannot use the Mokan Facility for conducting any basketball or other athletics-related training sessions or workouts, regardless of whether such training sessions or workouts involve payment/compensation or not. You also understand and agree that when using the Facility you will only wear basketball or other court shoes while on the Mokan Facility basketball courts.

Food and Drink in the Facility. You understand and agree that you cannot bring any food or drinks into the Mokan Facility, with the exception of water bottles.

Bringing Non-Members Into the Facility. You understand and agree that you cannot bring non-members into the Mokan Facility without prior permission from MK Youth Foundation or one of its employees or agents. If you do bring a non-member into the Mokan Facility without prior permission, MK Youth Foundation reserves the right to, among other items, suspend or cancel your membership to the Mokan Facility.

Key Fob. You understand that when you enter into a membership for the use of the Mokan Facility, you will be given a key fob that will allow you to access the Mokan Facility. You agree that if you lose this key fob you will be required to pay $10 (ten dollars) for a replacement fob.

Entire Agreement. This Agreement, and all rules and regulations of the Mokan Facility, as revised from time to time, constitute the entire and exclusive agreement between MK Youth Foundation and Participant, and supersede all prior written and/or oral promises, representations, understandings and/or agreements. MK Youth Foundation can void this Agreement if it is not completed by an MK Youth Foundation employee in accordance with the current pricing and payment programs, or if there has been any misrepresentation by Participant or the Obligor.

By checking the box above, You agree that you have read and understand and agree to comply in full with the terms and conditions listed under “Assumption of Risk, Release, Waiver of Liability, and Indemnification” and “Binding Individual Arbitration and Class Action Waiver.” You acknowledge and agree that you understand that you may print a copy of this agreement and that you will receive a copy by email at the email address you have provided.