<div style="font-family: 'Open Sans',sans-serif; font-size: 150%; line-height: 1.2; text-align: left;"><table style="text-align: left;" border="0" width="100%" cellspacing="0" cellpadding="0"><tbody><tr><td class="titlebg" align="left" valign="top" height="100%">Waiver</td></tr><tr><td class="contentwbackground" align="left" valign="top"><table border="0" width="940" cellspacing="1" cellpadding="10"><tbody><tr><td align="left"><span class="section_title">The Manhattan Tennis Academy Terms of Service and Liability Waiver</span></td></tr><tr><td align="left"><p>I, the parent or legal guardian of the minor player named above, acknowledge, agree and understand as follows:</p><p><strong>(1) I UNDERSTAND THAT, THERE ARE CERTAIN INHERENT DANGERS IN MY CHILD/CHILDREN PLAYING TENNIS, TAKING TENNIS LESSONS, AND BEING PHYSICALLY PRESENT AT THE MIDTOWN TENNIS CLUB, INCLUDING THE RISK OF PERSONAL INJURY, DEATH OR PROPERTY DAMAGE. IN CONSIDERATION OF MY CHILD/CHILDREN BEING ALLOWED TO PARTICIPATE IN ANY PROGRAMS OFFERED BY MANHATTAN TENNIS LLC, DOING BUSINESS AS THE MANHATTAN TENNIS ACADEMY ("HEREINAFTER TMTA") AT THE MIDTOWN TENNIS CLUB, I DO HEREBY WAIVE, RELEASE AND FOREVER DISCHARGE (A) TMTA, ITS MEMBERS, OFFICERS, AGENTS, SERVANTS, EMPLOYEES, REPRESENTATIVES, EXECUTORS, OR ANY OTHER PERSONS OR ENTITIES CONNECTED WITH IT; AND (B) THE MIDTOWN TENNIS CLUB, ITS MEMBERS, OFFICERS, AGENTS, SERVANTS, EMPLOYEES, REPRESENTATIVES, EXECUTORS, OR ANY OTHER PERSONS OR ENTITIES CONNECTED WITH IT, FROM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR INJURIES, LOSS, DAMAGE OR DEATH RESULTING FROM MY CHILD/CHILDREN'S PARTICIPATION IN ANY TMTA PROGRAMS.</strong></p><p>(2) In case of accident or injury to my child and if an emergency contact person cannot be reached, I grant TMTA permission to obtain medical attention for my child if necessary, for which I will be financially responsible.</p><p>(3) I give permission to TMTA to take photographs or videos of my child/children, which may later be published on the TMTA website or in any other TMTA advertising materials. TMTA retains the rights to any photographs or video taken during TMTA programming to be used for publicity or advertising.</p><p>(4) <strong>Make-up Policy:</strong> There are NO guaranteed make-ups for classes missed in the TMTA program. This is a standing lesson and your child's attendance is expected. We will make every effort to offer a make-up class if your child was sick or injured. However, such make-ups are subject to availability and at the sole discretion of TMTA.</p><p>(5) <strong>Cancellation Policy:</strong> In the event of a drop out or a cancellation of your spot in the program, a refund for the unused weeks will be refunded, less a $150 cancellation fee, ONLY IF THE SPOT IS FILLED WITH A NEW APPLICANT.</p><p>(5)(a)<strong> Cancellation Policy for Fall Enrollment:</strong>  With respect to enrollment for the Fall semester, we understand that you may not be in a position to know your child's schedule for the fall until after you enroll.  As such, we shall allow you to cancel your enrollment for the Fall semester and receive a full refund until August 1.  After August 1, the default Cancellation policy set forth in Section 5 above shall apply.</p><p>6) <strong>Expulsion:</strong>I understand that The Manhattan Tennis Academy (TMTA) reserves the right to expel any student whose behavior is considered disruptive and/or dangerous to either him/herself or others, and that expelled students are not eligible for a refund.</p><p>(7) <strong>Student Placement:</strong>I understand that any/all student placement will be at the sole discretion of The Manhattan Tennis Academy (TMTA) office staff and program coordinators. Students will not be moved from one program level to another within an 18 week semester. All such moves, when appropriate, will happen at the beginning of a new semester, unless otherwise approved by TMTA office staff.</p><p>(8) We will not share your information with any third party, except when necessary in the event of an accident, illness or emergency, or as otherwise mandated by law or court order. </p><p>(9) TMTA does not reserve placement in programs without payment. Payment MUST be made in order to reserve any and all spots.</p><p>I ACKNOWLEDGE THAT I HAVE READ AND THAT I UNDERSTAND EACH AND EVERY ONE OF THE ABOVE PROVISIONS IN THIS WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT AND AGREE TO ABIDE BY THEM.</p></td></tr></tbody></table></td></tr></tbody></table></div>