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Mogul Clubs Liability Waiver & Assumption of Risk Agreement

Version v2.1 · Effective July 6, 2026

Master Annual Participant Waiver, Release of Liability, Assumption of Risk, Indemnity Agreement and Media Consent


Parties

This Agreement is between the participant identified at signature (the "Participant") and Mogul Flagship Inc., the primary insured operating entity. By executing this Agreement, the Participant binds themselves, their heirs, executors, administrators, personal representatives, and assigns.

Released Parties

"Released Parties" means Mogul Flagship Inc., Mogul Clubs, Mogul Clubs Oshawa, Frontcourt.ai, Mogul Sports Network, and their respective directors, officers, employees, independent contractors, coaches, trainers, volunteers, agents, sponsors, affiliated entities, parent and subsidiary entities, successors, and assigns.

1. Assumption of Risk

The Participant acknowledges that participation in pickleball, racquet sports, training, leagues, tournaments, open-play, social events, and related activities at any Mogul Clubs facility (collectively, the "Activities") involves inherent risks, including but not limited to: collisions with other participants, equipment, walls, nets, posts, court surfaces, and floors; slips, trips, falls, and impacts; strains, sprains, lacerations, fractures, dental injuries, eye injuries, head injuries (including concussion), cardiac events, and heat-related illness; risks arising from the conduct of other participants; equipment failure; environmental conditions; and the Participant's own physical condition. The Participant voluntarily and freely assumes all such risks, both known and unknown, INCLUDING those arising from the negligence of the Released Parties.

2. Acknowledgement of Serious Injury and Death Risk

The Participant specifically acknowledges that the Activities may result in serious bodily injury, permanent disability, paralysis, or death. The Participant has had the opportunity to ask questions and proceeds voluntarily.

3. Release of Liability and Waiver of Claims

To the fullest extent permitted by law, the Participant releases, waives, discharges, and covenants not to sue the Released Parties from any and all claims, demands, damages, costs, expenses, and causes of action of any kind arising out of or related to the Activities, INCLUDING THOSE CAUSED BY THE NEGLIGENCE of the Released Parties. This release does not apply to claims arising from gross negligence, wilful misconduct, or any liability that cannot be waived under Ontario law.

4. Indemnification

The Participant agrees to indemnify, defend, and hold harmless the Released Parties from any claim, loss, liability, damage, or cost (including reasonable legal fees and disbursements) brought by the Participant, the Participant's family, or any third party arising out of the Participant's participation in the Activities or breach of this Agreement, except to the extent caused by the gross negligence or wilful misconduct of a Released Party.

5. Medical Treatment Authorization

In the event of injury or illness, the Participant authorizes the Released Parties, their staff, on-site responders, and emergency medical personnel to administer first aid and to arrange and consent to such medical care as may reasonably appear necessary. The Participant is responsible for the cost of any such care.

6. Emergency Contact Authorization

The Participant authorizes the Released Parties to contact the emergency contact on file in the event of injury, illness, or other emergency. The Participant agrees to keep this contact information current.

7. Photo, Video and Media Consent

The Participant grants the Released Parties an irrevocable, royalty-free, worldwide, perpetual licence to capture, record, use, reproduce, edit, broadcast, livestream, publish, and otherwise exploit the Participant's image, likeness, voice, and on-court performance — captured in any medium and at any Mogul Clubs facility or event — for marketing, promotion, event recaps, social media, training materials, broadcast, livestream, and other lawful business purposes of the Released Parties. The Participant waives any right to inspect or approve the finished use and any claim for compensation related to such use.

8. Livestream Consent

The Participant specifically consents to being recorded and livestreamed during any Activity at a Mogul Clubs facility or event, and acknowledges that such recordings may be archived, distributed, and further exploited by the Released Parties on a perpetual basis.

9. Technology Platform Consent

The Participant consents to the collection, processing, and use of personal information (including check-in events, gameplay data, ranking and DUPR data, payment information, and communications) by Frontcourt.ai and other technology systems operated by the Released Parties, as further described in the Mogul Clubs Privacy Policy.

10. Facility Rules Acknowledgement

The Participant agrees to comply with the Mogul Clubs Facility Code of Conduct, all posted facility rules, and all reasonable instructions of staff, coaches, referees, officials, and security personnel.

11. Property Damage Responsibility

The Participant is responsible for damage to facility property caused by the Participant's intentional, reckless, or grossly negligent acts.

12. Alcohol Responsibility Acknowledgement

The Participant acknowledges that alcohol may be served at Mogul Clubs facilities and events under licences issued pursuant to the Liquor Licence and Control Act, 2019 (Ontario). The Participant agrees to consume responsibly, to comply with serving staff instructions and posted alcohol policies, and acknowledges that intoxicated persons may be refused service or removed from the premises. The Participant assumes all risks associated with their own alcohol consumption and confirms they will not operate a motor vehicle while impaired.

13. Governing Law and Jurisdiction

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles. The parties attorn to the exclusive jurisdiction of the courts of Ontario.

14. Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

15. Electronic Signature

The Participant agrees that an electronic signature, click-acceptance, or typed-name signature submitted through Frontcourt.ai or any other Mogul Clubs platform has the same legal effect as a hand-written signature pursuant to the Electronic Commerce Act, 2000 (Ontario).

16. Annual Renewal

This Agreement is effective on the date of acceptance and remains in force for one (1) year from that date. The Participant must renew this Agreement annually to maintain participation eligibility. Updated versions may be published from time to time; continued participation after publication of an updated version constitutes acceptance of the updated version, subject to the Participant's right to decline the update and discontinue participation.

Acknowledgement and Acceptance

By signing electronically below the Participant confirms that: (a) the Participant is at least eighteen (18) years of age (or, if under 18, a parent or legal guardian is signing using the Parent/Guardian Consent and Minor Participant Waiver); (b) the Participant has read, understood, and voluntarily accepts this Agreement; (c) the Participant has had the opportunity to ask questions and to seek independent legal advice; and (d) this Agreement is intended to be legally binding.

Electronic Signature: _______________________ Printed Name: _______________________ Date: _______________________