In consideration of the risk of injury while participating in facility rental and sports training (the "Activity"), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge ELITE SPORTS CENTER LLC, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S), PREMISES OR EQUIPMENT USED. FURTHER, THERE MAY BE OTHER RISKS NOT KNOWN OR NOT REASONABLY FORESEEABLE AT THIS TIME. I ACKNOWLEDGE THAT THIS ACTIVITY MAY INVOLVE A TEST OF A PERSON'S PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PROPERTY LOSS. THE RISKS MAY INCLUDE, BUT ARE NOT LIMITED TO, THOSE CAUSED BY LATENT OR APPARENT DEFECTS OR CONDITIONS IN TERRAIN, FACILITIES, AND EQUIPMENT, TEMPERATURE, WEATHER, LACK OF HYDRATION, CONDITION OF ME OR OTHER PARTICIPANTS, FIRST AID TREATMENT OR OTHER SERVICES, VEHICULAR TRAFFIC AND ACTIONS OF OTHERS, INCLUDING BUT NOT LIMITED TO, PARTICIPANTS, VOLUNTEERS, SPECTATORS, COACHES, EVENT OFFICIALS AND EVENT MONITORS, AND/OR PRODUCERS OF THE EVENT. NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERS.
I acknowledge that ELITE SPORTS CENTER LLC and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of ELITE SPORTS CENTER LLC.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE, WAIVE, DISCHARGE AND AGREE TO INDEMNIFY AND HOLD HARMLESS ELITE SPORTS CENTER LLC AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL DEMANDS, CLAIMS OR CAUSES OF ACTION OF ANY KIND WHATSOEVER FOR LIABILITY, DAMAGES, COMPENSATION OR OTHERWISE BROUGHT BY ME OR ANYONE ON MY BEHALF, INCLUDING ATTORNEY'S FEES AND ANY RELATED COSTS. I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ELITE SPORTS CENTER LLC FOR PERSONAL INJURY OR PROPERTY DAMAGE.
I hereby certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in these activities or alternatively I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
In the event that any damage to equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
I hereby certify that I have read and am familiar with the Rules and Regulations of the facility and will comply with conditions set forth therein.
I agree the participant will wear a helmet at all times while batting or in the batting cages. I hereby provide the “ELITE SPORTS CENTER LLC” permission to administer basic First Aid and I authorize its agents or employees to contact 911 or other emergency personnel as needed.
This Agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant, the undersigned, and ELITE SPORTS CENTER LLC agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.
Use of Likeness. Participants and his/her parents or guardian hereby authorize “ELITE SPORTS CENTER LLC” and its assigns to use any and all photographs, pictures, videos or other likenesses of participants in its promotional materials or social media platforms.
In the event of an emergency, please contact the following person(s) in the order presented: