WAIVER AND RELEASE OF LIABILITY

I am at least 18 years of age and am signing this waiver on behalf of myself and all parties for whom I am acting as a legal guardian, including any minors accompanying me. I affirm that I am the parent or legal guardian of any minors I bring onto the premises and that I have full authority to sign this release on their behalf.

This Waiver and Release of Liability is in favor of Thrive Malibu LLC, its owners, officers, members, affiliates, agents, employees, contractors, successors, and assigns (collectively, "Thrive Malibu"). In consideration of being permitted to enter and use the pickleball court, indoor gym, outdoor recreational areas, and any related facilities and surroundings located at 265 Westlake Blvd, Malibu, CA 90265 ("Premises"), I understand and agree to the following:

1. Assumption of Risk

I acknowledge and fully understand that the use of the pickleball court, indoor gym, driveways, pathways, gardens, decks, and all other indoor or outdoor areas involves inherent risks of injury, illness, or death. These risks include, but are not limited to: slipping, tripping, falling, overexertion, equipment malfunction, uneven surfaces, collisions, and exposure to environmental elements. I understand that the property is located in a natural setting where wild animals such as coyotes, snakes, or insects may be present and could pose a risk to guests. I voluntarily assume all such risks, both known and unknown, on behalf of myself and any minors accompanying me.

2. Release of Liability

I hereby release, waive, discharge, and covenant not to sue Thrive Malibu from any and all liability, claims, demands, causes of action, or legal responsibility of any kind, whether known or unknown, that may arise from my (or any minor's) use of the Premises. This includes, but is not limited to, any injury or damage resulting from:

- Use of the pickleball court, indoor gym, or any indoor/outdoor area;

- Exposure to natural elements or wildlife;

- Accidents involving recreational or fitness equipment;

- Any act or omission, negligent or otherwise, by Thrive Malibu or others on the Premises.

3. Indemnification

I agree to indemnify, defend, and hold harmless Thrive Malibu from any and all claims, liabilities, damages, or expenses (including attorney's fees) that may arise from my or any minor's presence or participation in activities on the Premises.

4. Medical Treatment

I understand that Thrive Malibu does not provide medical services or on-site supervision. In the event of injury or emergency, I authorize any necessary first aid or medical treatment and release Thrive Malibu from any liability arising from the provision of such treatment.

5. Media Release

I grant Thrive Malibu the right to use any photographs, video, or audio recordings taken of me or minors under my care while on the Premises for promotional or commercial purposes, without expectation of compensation.

6. Acknowledgment and Acceptance

I acknowledge that I have read this Waiver and Release of Liability in its entirety and fully understand its terms. I understand that I am giving up substantial legal rights, including the right to sue Thrive Malibu. I do so freely and voluntarily. This waiver shall be binding on me, my heirs, executors, administrators, and assigns.

7. Severability

If any portion of this waiver is found to be invalid or unenforceable, the remaining terms shall remain in full force and effect.

This Waiver and Release shall be governed by and construed in accordance with the laws of the State of California.