ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY AGREEMENT

I recognize that training sessions and other activities with SkyTechSport, Inc. (hereinafter “Flannagans Dublin”) and the Sport of Skiing and Snowboarding and any exercises themselves require physical exertion that may be strenuous. I am aware that any physical activity, including the Sport of Skiing and using of simulators, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Some of these involve strenuous exertions of strength using various muscle groups, some involve quick movements involving speed and change of direction, and others involve sustained physical activity, which places stress on the cardiovascular system.

I also know and accept that training to skiing and snowboarding at this facility is not intended to prepare me for all the risks and hazards of outdoor skiing and snowboarding. I know that by participating in activities at Flannagan's I risk personal injury or death from many causes, including (but not limited to) the 1) minor injuries such as scratches, bruises, and sprains to 2) major injuries such as loss of sight, joint or back injuries, concussions, and heart attacks to 3) catastrophic injuries including paralysis and death.

I also know that helmets, safety equipment, proficiency checks, supervision and enforcement of rules by Flannagan's Dublin do not and cannot guarantee my safety.

I hereby assert that my participation at any Flannagan's Dublin activities, including, but not limited to, training sessions on the ski and snowboard simulators, is voluntary. I know that risks exist in all places and in all activities conducted within this facility, including the ski and snowboard simulators and/or other equipment, and participation in training sessions, classes or activities sponsored by Flannagan's Dublin. Therefore, I freely accept and fully assume the risk that I can get hurt, not only in the ways described above, but also in ways that are unknown and unexpected, and even if I follow the instructions or advice of Flannagans Dublin employees.

I choose to use Flannagan's Dublin facility and equipment in spite of the risk of injury or death, and in addition to the representations I have made above, I agree as follows:

1. In consideration of permission to use, today and on all future dates the facility and services of the Flannagan's Dublin, I, on behalf of myself, my heirs, personal representatives, or assigns, do hereby release, waive, discharge, and covenant not to sue Flannagan's Dublin, its owners, officers, directors, employees, volunteers, independent contractors, and agents from liability from any and all claims, that I or my heirs have or may have in the future against Flannagan's Dublin, for any loss, damage, expense, or injury, including death, suffered from or in connection with my use of this facilities or equipment, or participation in activities sponsored by Flannagan's Dublin, due to any cause whatsoever, including negligence on the part of Flannagan's Dublin or any of the aforementioned parties.

2. I represent and warrant that I am sufficiently physically fit to participate in the training lessons and other activities offered by Flannagan's Dublin and I have no medical condition that would prevent my participation. I agree that all exercises shall be undertaken by me at my sole risk. That I am in good health and have no physical conditions that would be aggravated by my involvement in skiing or snowboarding, cardiovascular exercise, strength training etc., nor do I have any physical limitations that would preclude said involvement.

I will hold harmless and indemnify Flannagan's Dublin for liability for property damage or personal injury, including death, to myself and any other person resulting from or arising in connection with my use of these facilities or equipment, or participation in activities sponsored by Flannagan's Dublin. This agreement applies, but not limited, to: 1) personal injury (including death) from accidents or illnesses arising from the participation in “Flannagan's Dublin” activities including, but not limited to, training sessions on ski and snowboards simulators; and to 2) any and all claims resulting from the damage to, loss of, or theft of my property.

I have read this waiver of liability and indemnification agreement and assumption of risk and fully understand their terms. I understand that I am giving up substantial rights, including my right to sue on behalf of myself, my heirs, personal representatives, or assigns, I acknowledge that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability and to signify a complete assumption of the inherent risks of participating or observing recreational activities at “Flannagan's Dublin” to the greatest extent allowed by law in the State of Ohio.