On behalf of myself, any minor child(ren) identified below and all minor children under my supervision (hereinafter referred to as the “Releasing Parties”), I/we voluntarily elect to use the facilities, activities, and/or equipment located at 7772 Capitol Blvd. and operated by THE HROMYAK GROUP LLC d/b/a DRILLS TRAINING CENTER (referred to as the “CENTER”). 

In consideration for being allowed to use said facilities and equipment, and any other services provided by the CENTER, such as interactive game play, running and anaerobic activities, sports lessons, practice, batting cage rental, field rental, court rental, along with lessons and coaching, along with its officers, directors, officials, employees or agents at said location, the Releasing Parties represent, acknowledge and agree as follows:

The risk of injury from the equipment, games, and activities contained on the premises and/or within the general facility along with the acts or actions of other people, is significant during all phases of the activity or use of the equipment, including the potential for serious physical and emotional injury, permanent paralysis, disability, death, damages incurred by the Releasing Parties and/or third-parties and damage to the personal property of the Releasing Parties. The Releasing Parties acknowledge and agree that it is the Releasing Parties’ responsibility to determine whether the Releasing Parties are sufficiently fit and healthy enough to safely participate in the activities and use the equipment at the CENTER.  

Each participant and user of any equipment shall comply with all of the following:

a) Read all warnings and obey all rules at the CENTER;

b) Obey all written and oral warnings and instructions of the staff at the CENTER;

c) Read and follow the manufacturer’s instructions for use of the equipment and personal protective equipment (if applicable);

d) Prior to each use, inspect any equipment and/or personal protective equipment used by the participant, and replace the equipment and/or the personal protective equipment as needed and according to the manufacturer’s instructions (if applicable);

e) Refrain from acting in a manner that may cause or contribute to the injury of the participant or user of any equipment or any other person; and

f) Exercise good judgment and act in a responsible manner while using the equipment.

General Release

The Releasing Parties acknowledge and agree that this Agreement covers and is intended to release and provide other benefits, legal protections, and consideration to the Releasees (as defined below) and all other persons or entities acting in any capacity on their respective or collective behalf.  

Release of Potential Injuries

The Releasing Parties acknowledge and agree that the use of the equipment located at the CENTER and that participating in such activities is inherently and obviously dangerous and could cause significant injury.  The Releasing Parties understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity or use of the equipment or activities within the CENTER, which the Releasing Parties further agree are for recreational purposes and completely voluntary activities. The Releasing Parties acknowledge and agree, that, while the activities and use of equipment take place at the CENTER are monitored generally by the employees at the CENTER, it is not feasible for such employees to monitor the activities, use of equipment, and actions of all patrons at all times or all patrons simultaneously. Furthermore, the employees at the CENTER have difficult jobs to perform. They seek safety but may make mistakes. They might be unaware of a patron’s health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

Voluntary Assumption of Risk - General

The Releasing Parties acknowledge and agree that the Releasing Parties are participating voluntarily and at our own risk.  The Releasing Parties acknowledge and agree that the actions or activities of other patrons or the actions or inactions of the employees at the CENTER could cause the Releasing Parties significant bodily injury, and that the CENTER is not responsible for the actions or activities of patrons using the CENTER or the negligence of Releasees in supervising the CENTER or its usage, including actions, activities, or omissions that result in such harm. 

Release of Liability 

The Releasing Parties hereby forever, irrevocably, and unconditionally release, waive, relinquish, discharge from liability, and covenant not to sue the CENTER and its officers, directors, officials, agents, employees, members, other participants, sponsors, advertisers, permit grantors, independent contractors, sub-contractors and, if applicable, owners and lessors of the premises used to conduct these activities or house this equipment (collectively, the "Releasees") from any and all claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, charges, expenses, attorneys’ fees, damages, judgments, and liabilities, of whatever kind or nature, in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, related to or arising, directly or indirectly, from the Releasing Parties’ access to and/or use of  the CENTER, premises, and/or its equipment, the Releasing Parties’ entry into the CENTER, the condition, maintenance, inspection, supervision, control, or security of the CENTER, the failure to warn of dangerous conditions in connection with the CENTER, the receiving of instructions, coaching, training, aid associated with strenuous bodily movement, teaching, instruction and/or the acts or omissions of the CENTER or any of the Releasees, including, without limitation, any claim for negligence, failure to warn, or other omission, property damage, personal injury, emotional injury, illness, bodily harm, paralysis, or death. The Releasing Parties understand that this release and waiver applies to all equipment, activities, and games at the CENTER.  The Releasing Parties understand that this release and waiver applies to and includes all activities that the Releasing Parties engage in at the facility, whether inside or outside the CENTER. In the event that any claim released herein is brought by, or asserted on behalf of, the Releasing Parties, the Releasing Parties shall immediately defend, indemnify, and hold harmless the Releasees, and any of them, from any claims, causes of action, loss, or liability, including reasonable attorneys' fees, associated therewith or arising therefrom.

Photo, Video, and Social Media Waiver

In connection with the Releasing Parties’ use of the CENTER, the Releasing Parties consent to the recording of the Releasing Parties’ physical likeness and/or voice through mechanical, photographic, technical, digital, electronic, or other means (“Recordings”). The Releasing Parties hereby consent to and authorize the CENTER and its agents, representatives, employees, successors, and assigns to use, in perpetuity, such Recordings, as well as the Releasing Parties’ name, for any purpose, including advertising, promoting, exploiting, and/or publicizing the CENTER. The Releasing Parties further agree that the foregoing includes the consent to use the Releasing Parties’ physical likeness in any form. In addition, the Releasing Parties waive any and all claims the Releasing Parties may have in connection with the Recordings. 

Term of Agreement

The Releasing Parties understand that this agreement extends forever into the future and will have full force and legal effect each and every time the Releasing Parties visit the CENTER, whether at the current location or any other location or facility.