USAGE AND LIABILITY RELEASE AGREEMENT

INCLUDING PHOTO/VIDEO CONSENT AND MEDIA RELEASE

IMPORTANT NOTICE: This is a legal document that affects your rights and obligations. Please read it carefully before signing. By signing or acknowledging this Agreement, you are waiving certain legal rights, including the right to sue for damages. If you do not understand any part of this document or require a translation of this Agreement, please seek your own legal advice before signing and acceptance.

1. PARTIES

Facility Operator: Go-Power Corporation Limited trading as “Yama Pickleball Arena”, or sometimes as “Pickle Boar”

Address: Unit 901, 9/F, Landmark South, 39 Yip Kan Street, Wong Chuk Hang, Hong Kong

Business Registration No: 78132829

(hereinafter referred to as "Yama")

Participant: The undersigned, payee or registered member/person (hereinafter referred to as "I”, "me", "my", or "Participant", including such person(s) to whom the undersigned is deemed to have signed on behalf of, including without limited his or her guests, agents, children, family members, and authorised persons)

2. BACKGROUND AND SCOPE

I acknowledge that I am voluntarily participating or attending activities at Yama, which may include but are not limited to:

· Physical fitness activities and exercise programs

· Use of fitness equipment and facilities

· Group classes and training sessions

· Recreational activities and events

· Social events

· Use of changing rooms, shower facilities, and common areas

· Any other activities conducted at or in connection with Yama premises

(collectively referred to as "Activities")

3. DEFINITIONS

For the purposes of this Agreement:

"Activities" means all activities, services, programs, and facilities provided by or available at Yama, including simply attending such activities as spectators, caretakers or observers

"Claims" means all actions, suits, causes of action, proceedings, mediation, settlement amounts, costs, expenses, damages, and demands of any kind whatsoever

"Facilities" means the premises, equipment, and all areas operated by, leased by or licensed to Yama

"Injury" includes physical injury, illness, disease, death, emotional distress, and property damage

“Personal Data" has the meaning given in the Personal Data (Privacy) Ordinance (Cap. 486)

4. USAGE TERMS AND CONDITIONS

I must check in at reception before using any facilities. Valid photo ID may be required for verification purposes. Using courts or any Facilities and participating in any Yama programs, activities, clinics, leagues, or events, will require payment for use.

I agree to:

· Follow all rules and regulations of Yama, whether posted on the Facilities or given by verbal instructions

· Use equipment properly and safely

· Compensate Yama should I have caused any damage to the property or any equipment, or any injury to other guests and participants

· Report any unsafe conditions immediately

· Comply with all reasonable instructions from Yama staff

I agree that external coaches, instructors, or trainers who are not officially approved by Yama are strictly prohibited from providing coaching, instruction, or training services within Yama facilities. Violation of this policy may result in immediate ban from Facilities for both the unauthorized coach and the people receiving such coaching.

I undertake that usage of Facilities is for personal leisure use only. I will not transfer my usage right any of the Facilities to any third parties without prior written consent of Yama, whether for a profit or not. Reselling of any rental courts or Facilities is strictly prohibited, including posting the same on any third-party websites or platforms for sale. Using any of the Facilities to host tournament or league is also prohibited, unless with the prior written consent of Yama.

I am also liable for the loss of or damage to any of Yama’s property I may use or that Yama loan to me, including but not limited to, paddles, ball machine, balls, flooring, nets, any equipment, locker, locker key, towels, clothing, mobile chargers or any other property. If I lose or damage our property or fail to return it on time, Yama is entitled to charge Participant a fee. Participants will be liable for any inappropriate, improper or negligent use of any Yama facilities and for any damage caused by Participants to such facilities.

Persons under the influence of alcohol or prohibited drugs are not permitted to use the Facilities or take part in any Activities hosted by Yama.

Participants participating in pickleball activities on the courts must be wearing non-marking shoes only. I will compensate Yama should there be any marks left on the courts or Facilities.

Yama may request a Participant to leave the premises if a Participant: (i) breaches an important term of this Agreement or the rules for the use of the Yama Facilities; (ii) engages in conduct Yama reasonably considers is injurious or detrimental to the reputation or interests of Yama or to any other members or guest; (iii) commits an act that is in breach of the laws and regulations of the Hong Kong; or (iv) engages in a dispute or make a claim of any nature against Yama that Yama disagrees with and that cannot be resolved after reasonable attempts have been made by us to resolve the dispute or claim in good faith with Participants. All decisions of Yama are final and binding.

5. ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

I understand and acknowledge that participation in Activities involves inherent risks and dangers that may result in serious injury, illness, or death, including but not limited to:

Physical risks:

· Sprains, strains, cuts, bruises, and other musculoskeletal injuries

· Cardiovascular events, including heart attack, stroke, or abnormal blood pressure

· Respiratory difficulties, including shortness of breath or breathing problems

· Dizziness, fainting, or loss of consciousness

· Eye injuries, including increase of floaters, retinal detachment, or partial loss of sight

· Accidents involving equipment, facilities, or other guests, participants or third parties

· Slips, trips, and falls

· Impact from pickleballs, paddles, or other equipment

· Collision with other players, nets, or fixtures

· Overexertion and heat-related illnesses

· Allergic reactions to equipment, materials, of environmental factors

· Exposure infectious diseases or allergic substances

Other risks:

· Theft or damage to personal property

· Exposure to infectious diseases or viruses

· Psychological or emotional distress

· Risks associated with the condition of the facilities

· Risks from the actions or inactions of other participants or third parties

I voluntarily assume all risks associated with my participation in Activities, whether known or unknown, foreseeable or unforeseeable, including those risks described above and any others that may arise. I specifically understand and duly noted that:

· Not all hazards and dangers can be foreseen or eliminated

· My safety depends on my own actions and judgment

· I am responsible for my own physical and mental fitness to participate

· I must follow all safety rules and instructions provided by Yama

6. WAIVER AND RELEASE OF LIABILITY

Subject to the limitations imposed by Hong Kong law, including the Control of Exemption Clauses Ordinance (Cap. 71):

I hereby release, waive, discharge, and agree not to sue Yama, its owners, directors, officers, employees, agents, contractors, volunteers, and representatives (collectively "Released Parties") from any and all Claims arising from or related to my participation in Activities. For the avoidance of doubt, this release applies to Claims even based on:

· Ordinary negligence of the Released Parties

· Defective or dangerous conditions of premises or equipment

· Failure to warn of dangerous conditions

· Failure to provide adequate instruction or supervision

7. INDEMNIFICATION

I agree to indemnify and hold harmless the Released Parties against any and all Claims brought by third parties arising from my participation in Activities.

8. MEDICAL REPRESENTATIONS AND FITNESS

I represent and warrant that:

· I have good physical and mental health

· I have no medical conditions that would prevent safe participation in Activities, and can safely participate in Activities

· I have properly warmed up before play

· I have consulted with a healthcare provider if I have any medical concerns

· I will immediately notify Yama of any changes to my health status

I will not participate in Activities if I am feeling unwell or have symptoms of illness. I will use appropriate protective equipment as needed.

All Participants shall not use the Facilities while suffering from any contagious illness, open wounds, or condition that may pose a risk to others.

Any person who is pregnant, under medication and/or suffering from or having suffered from any medical disability is strongly advised to seek the advice of a qualified medical professional before using any of the Facilities or taking part in any physical activities on the premises of Yama.

9. EMERGENCY MEDICAL AUTHORIZATION

I authorize Yama to:

· Seek emergency medical treatment on my behalf if I am unable to do so

· Share necessary medical information with medical professionals

· Transport me to appropriate medical facilities

I understand that:

· I am responsible for all medical expenses incurred

· Yama assumes no responsibility for medical treatment decisions

This authorization does not create a duty for Yama to provide medical care or assistance.

10. PHOTO/VIDEO CONSENT AND MEDIA RELEASE

Personal Data Collection Notice

In accordance with the Personal Data (Privacy) Ordinance (Cap. 486), I acknowledge that:

· Yama may collect my personal data (including images and recordings) for promotional, marketing, and operational purposes

· My personal data will be handled in accordance with Yama's privacy policy or the relevant regulations of Hong Kong

· I have the right to access and correct my personal data.

Consent to Photography and Recording

I hereby grant Yama and its authorized representatives the irrevocable right and permission to:

· Record and Use:

o Photograph, film, or otherwise record my image, likeness, voice, and performance

o Use such recordings in any media format, including but not limited to:

§ Website and social media platforms

§ Marketing and promotional materials

§ Training and educational content

§ Internal documentation and analysis

· Rights Granted:

o Use, reproduce, edit, distribute, and display the recordings

o Use my name and/or biographical information in connection with the recordings

o Use the recordings for any lawful purpose related to Yama's business and Activities

· Waiver of Rights:

o I waive any right to:

§ Inspect or approve the finished recordings

§ Receive compensation for the use of the recordings

§ Claim ownership of the recording s or any intellectual property rights therein

· Limitations:

o This consent does not extend to use of recordings for purposes unrelated to Yama's business or in a manner that would be defamatory or violate my privacy rights under Hong Kong law.

The personal data given by means of this Agreement may be disclosed to any member of the Yama group and/or any agent, contractor or person who provides administrative, telecommunications, computer and other services to Yama in connection with the operation of Yama's business or Activities.

11. GUEST CONDUCT AND COMMITMENT TO A RESPECTFUL ENVIRONMENT

Yama is dedicated to creating a safe, welcoming, and inclusive environment for all of our guests and team members. To ensure this, we kindly ask that everyone treat one another with respect. Inappropriate or unlawful behaviour — such as harassment (including verbal or physical harassment), foul or offensive language, abusive, intimidating, threatening, violent, or aggressive conduct — will not be tolerated. I agree to respect all other guests, participants, attendees and staff. Should such behaviour occur, we may need to take appropriate action, which could include evicting the relevant persons out of the premises, discontinuing services and/or involving the proper authorities.

12. INSURANCE LIMITATIONS

I understand that:

· Yama does not provide insurance coverage for guests, participants and attendees

· I am encouraged to maintain my own health and accident insurance

· Any insurance I carry is primary coverage for any Claims, and will utilize such insurance first.

13. SEVERABILITY

If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be replaced with a provision that comes closest to the original intent while being enforceable.

14. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

15. ACKNOWLEDGMENT AND VOLUNTARY AGREEMENT

I acknowledge that:

· This Agreement is only provided in the English language

· I have read and understood this entire Agreement

· I have had the opportunity to ask questions and seek legal advice

· I am signing this Agreement voluntarily and without duress

· I duly understand that I am giving up substantial legal rights

· This Agreement is binding on my heirs, executors, administrators, and assigns

16. DURATION

This Agreement remains in effect for all future visits to Yama, unless revoked in writing by Yama.

Thank you for helping us maintain a space where every individual feels safe, valued, and respected.