I hereby acknowledge and agree that the use of the facilities at Adrenaline Sports & Fitness, including but not limited to the use of the batting cages (hereinafter "Activity") has inherent risks. In consideration of the services provided by Adrenaline Sports & Fitness and its members, officers, agents, consultants, employees and all persons or entities acting in any capacity on their behalf (hereinafter referred to collectively as "ASF"), I now agree and certify as follows:
1. I acknowledge and fully understand that the above-named Participant will be engaging in activities that may involve risk of serious or permanent injury or death which might result not only from the Participant's own actions, inactions, or negligence, but from the actions, inactions, or negligence of others, the conditions of the premises, or the inherent danger of batting cages. Further, I acknowledge that there may be other risks not known or not reasonably foreseeable at this time, including but are not limited to: latent or apparent defects in ASF's equipment or facilities; the acts of other participants or ASF; the Participant's physical condition; the failure to follow the applicable rules; and the provision of emergency treatment or services.
2. I expressly agree and promise to accept full responsibility for, and to assume all the risks associated, with this Activity. My participating in this Activity is purely voluntary and I elect, in spite of the risks, to participate. I assume all the foregoing risks and accept personal responsibility for any damages that result from any injury or property damage.
3. I agree to indemnify, defend and hold harmless Adrenaline Sports & Fitness from any loss, damage, or injury which may result from the Participant's use of, or any activities at, ASF. I further agree to release, acquit, waive and discharge ASF of an from, and covenant not to sue ASF for, any and all actions, claims, demands, or cause of action, of any nature, arising from or related to any damage, loss, or injury incurred on or to the Participant as a result of the Activity, or the use of or activities at, ASF. This release of liability and indemnity applies to the Participant, the undersigned, if different from the Participant, as well as any of their personal representatives, assigns, heirs, or next of kin. This release of liability and indemnity applies equally to losses, damages, or injuries caused or alleged to be caused: (a) solely by the negligence of ASF; or (b) in part by the negligence of ASF.
4. I hereby certify that I have adequate insurance to cover any injury or damage the Participant may cause or suffer while participating in this Activity or, alternatively, I agree to be personally liable for such injury or damage. I further certify that the Participant has no medical or physical conditions, which could interfere with his/her safety in this Activity and that I am willing to assume all the risk that may be created, directly or indirectly, by any such known or unknown condition.
5. I hereby certify that I am at least 18 years old, or the parent or legal guardian of the participant under age 18, and agree that the Participant will wear a batting helmet at all times while in the batting cages and that that I have been given the Rules & Regulations for batting cage use and will adhere to them. I hereby provide ASF permission to administer basic first aid and I authorize ASF to contact 911 or other emergency personnel, as needed.