Waiver & Release Form

IN CONSIDERATION of my voluntary use of the website(s), mobile applications and other software (the "Sites") and related Sites made available by AceSpace, LLC ("AceSpace"), I, for myself, my personal representatives, guests, agents, assigns, heirs, and next of kin:

1. HEREBY RELEASE AND FOREVER DISCHARGE ACESPACE, LLC, AND EACH OF THEIR RESPECTIVE PARENTS, MEMBERS, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, PARTNERS, OWNERS, SPONSORS, VENDORS, MEDICAL SERVICES PROVIDERS, AND AGENTS (COLLECTIVELY, THE "RELEASEES") FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES), OF ANY NATURE WHATSOEVER, (COLLECTIVELY, THE "LIABILITIES") WHICH I, MY HEIRS, EXECUTORS AND ASSIGNS MAY HAVE IN CONNECTION WITH MY USE OF ACESPACE. I ASSUME ALL RISK AND DANGER ARISING IN CONECTION WITH MY USE OF ACESPACE INCLUDING LOSS OF PERSONAL PROPERTY AND INJURY. I FURTHER AGREE TO INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITIES ARISING FROM ANY OF MY OR MY GUESTS USE OF ACESPACE AND COVENANT NOT TO SUE THEREFORE. SUCH WAIVER & RELEASE SHALL APPLY TO ANY LIABILITY CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ANY RELEASEE IN CONNECTION WITH USE OF ACESPACE.


2. Hereby acknowledge that I (or my parent/legal guardian below) am over the age of eighteen (18) and understand that tennis, sports conditioning and physical activity carry with them certain inherent dangers and risks that cannot be eliminated regardless of the care taken to avoid injuries. I ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO USE OF ACESPACE WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.


3. Hereby grant to AceSpace (and grants to AceSpace the right to grant to others), in perpetuity, the irrevocable right, with or without my knowledge, to film, tape, photograph, record, exhibit, edit, alter, copy, reproduce, license, sell, rent, disclose, display, publish, distribute, broadcast, webcast, stream, prepare derivative works from or otherwise preserve, use and/or exploit in any format and/or manner now known or hereafter developed, whether commercial or non-commercial in nature (collectively, the "Use and Materials"): (1) my use of AceSpace or my use of a facility found on or in connection to AceSpace; and (2) my name, likeness, signature, voice, conversation, sounds, biographical data and/or any other information or material secured in connection with my use of AceSpace. I agree that AceSpace and its designees shall have the right to the Use and Materials throughout the universe solely for the purpose of promoting AceSpace and/or the sport of tennis. The Use and Materials shall not be identified as or represented to be an endorsement by me of any product, service or company and I acknowledge and agree that I shall not be entitled to receive any compensation whatsoever in connection with the exercise of the Use and Materials.

I HAVE READ THIS WAIVER & RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

This Waiver & Release is governed by and enforceable in accordance with the laws of the State of New Jersey without giving effect to the principles of the conflicts of law for that State, and the parties submit to the exclusive jurisdiction of the New Jersey Courts, County of Monmouth. If any provision of this Waiver & Release should be adjudged illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.