WAIVER AND RELEASE OF LIABILITY FOR ADULT

PARTICIPANT RELEASE

The undersigned hereby makes the following representations: (i) that the undersigned understands that the sport of curling is played on ice and requires physical fitness; (ii) that the undersigned possesses such physical fitness; and (iii) that the undersigned understands that the risks of participating in any curling activity could involve serious injury or death.

In consideration of being allowed access to the Ice House (as defined below) as a participant in any curling activity in the Ice House, I, the undersigned, for myself and my estate, successors, heirs, beneficiaries, administrators, trustees, representatives, and attorneys do hereby remise, release, acquit, and forever discharge (i) Broomstones, Inc, a Massachusetts non-profit corporation (the “Club”); (ii) the United States Curling Association, Inc. (“USCA”); (iii) the Grand National Curling Club (“GNCC”); (iv) the respective successors and assigns or each of the Club, USCA, and GNCC; and (v) the respective employees, officers, and directors, but only while acting in their capacity as such, of each of the Club, USCA, and GNCC (collectively, the “Releasees”) from any and all actions, causes of action, claims, demands, and liabilities, both in law and equity for damages and any court costs and legal expenses and fees associated therewith in respect of physical, mental, and bodily injury occurring to me while participating in any curling activity in the Ice House prior to the Expiration Date (as defined below); provided, however, that in the event such injury was caused, in whole or in part, by the willful, intentional, reckless, or grossly negligent action or failure to take action of any Releasee, such Releasee shall not be so remised, released, acquitted, or discharged hereby; and provided, further, that nothing herein shall be deemed to limit or exclude any action, cause of action, claim, demand, liability, payment, reimbursement, other benefit, or any court costs or legal expenses and fees that I or my estate, successors, heirs, beneficiaries, administrators, trustees, representatives, or attorneys might have or seek against (a) the Club’s “Participant Medical Accident” insurance coverage, (b) any other participant participating in any curling activity in the Ice House, or (c) against any other person or entity other than a Releasee.

The Ice House shall mean the single room containing 4 sheets of ice in which the sport of curling is played in the building located at 1 Curling Lane, Wayland, MA owned and operated by Club. The Expiration Date shall mean the date which is one (1) calendar year after the date this Release is executed below.

In consideration of being permitted to participate in curling draws, matches, bonspiels, and other athletic and non-athletic events which take place at the Club, whether in or outside of the Ice House (“Events”), I hereby grant permission and a perpetual, royalty-free, worldwide, sublicensable, and non-exclusive license to the Releasees to record, store, display, reproduce, copy, publish, perform, transmit, broadcast, distribute, sell, and otherwise use (“Permitted Uses”) at any time and in any type of media or manner my name, voice, image, likeness, actions, and “original works of authorship” (as that term is used in section 102 of the Copyright Law, Title 17 of the United States Code) appearing, seen, or heard in the Events. In connection with my participation in Events and the Permitted Uses, I hereby release any and all claims against the Releasees relating to, or arising out of, ownership, copyright, and rights of privacy and/or publicity.

I certify that I am at least eighteen (18) years of age and have the legal capacity to execute this Participant Release on my own behalf.

I hereby revoke any and all releases of liability, waivers, and indemnifications previously executed by me in favor of any of the Releasees.

BEFORE SIGNING BELOW, I WAS GIVEN THE OPPORTUNITY TO READ THIS PARTICIPANT RELEASE AND TO CONSULT WITH AN ATTORNEY AS TO ITS SIGNIFICANCE. BY SIGNING BELOW, I UNDERSTAND THAT I AM WAIVING SIGNIFICANT RIGHTS. I UNDERSTAND THE MEANING OF THIS PARTICIPANT RELEASE AND THE RIGHTS I AM WAIVING. NOTWITHSTANDING THE FOREGOING, I HAVE CHOSEN, OF MY OWN FREE WILL, TO EXECUTE THIS PARTICIPANT RELEASE.

Broomstones is committed to providing an environment free of unlawful harassment (including behavior of a verbal, physical, or sexual nature). The Club expects all members to be bound by the by-laws and rules of the Club. The Spirit of curling demands good sportsmanship and honorable conduct. This Spirit should influence the conduct of all participants on and off the ice. I will play the game with a spirit of good sportsmanship. I will conduct myself in an honorable manner both on and off the ice. I will never knowingly break a rule, but if I do, I will divulge the breach. I will take no action that could be interpreted as an attempt to intimidate or demean my opponents, teammates or officials. I will interpret the rules in an impartial manner, always keeping in mind that the purpose of the rules is to ensure that the game is played in an orderly and fair manner. I will humbly accept any penalty that the governing body at any level of curling deems appropriate, if I am found in violation of the Code of Ethics or rules of the game.