IMPORTANT NOTICE
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SIGNING. BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT PARTICIPATION IN SOFTBALL TRAINING, INSTRUCTION, PRACTICE, CAMPS, LESSONS, AND RELATED ACTIVITIES INVOLVES INHERENT RISKS OF INJURY, INCLUDING SERIOUS INJURY, PERMANENT DISABILITY, DEATH, AND PROPERTY DAMAGE.

BY SIGNING, YOU AGREE TO ASSUME THESE RISKS AND, TO THE MAXIMUM EXTENT PERMITTED BY NORTH CAROLINA LAW, RELEASE AND HOLD HARMLESS THE PARTIES IDENTIFIED BELOW FROM LIABILITY ARISING FROM YOUR PARTICIPATION OR PRESENCE AT THE FACILITY.

DESCRIPTION OF ACTIVITIES
This Agreement applies to the Participant's participation in or presence with Brooke Wintlend at her indoor softball facility, including but not limited to:

Private softball lessons
Hitting instruction
Pitching instruction
Catching instruction
Fielding and defensive instruction
Throwing activities
Batting practice
Live or simulated hitting
Pitching and catching drills
Softball camps and clinics
Team practices
Training sessions
Strength, conditioning, agility, and athletic drills
Use of batting cages
Use of pitching equipment
Use of training equipment
Warm-ups and cool-downs
Any other softball-related activity
Entering, remaining on, or using any portion of the facility or premises in connection with the above activities
This Agreement applies whether the activity is supervised or unsupervised and whether the Participant is actively participating or merely present at the facility.

ASSUMPTION OF RISK
I understand that softball and athletic activities involve inherent and other risks. I voluntarily choose to participate in these activities and voluntarily assume all risks associated with participation and presence at the facility.

These risks may include, but are not limited to:

Being struck by a softball, baseball, bat, or other equipment
Being struck by another participant
Collisions with other participants
Falls, slips, and trips
Injuries resulting from running, jumping, throwing, hitting, pitching, catching, or fielding
Sprains, strains, fractures, dislocations, bruises, cuts, and other injuries
Head, neck, and spinal injuries
Concussions and other traumatic brain injuries
Overuse injuries
Muscle injuries
Heat-related or exertion-related illness
Injuries resulting from improper or incorrect technique
Injuries resulting from equipment failure or misuse
Injuries resulting from the actions or inaction of other participants
Injuries resulting from conditions of the facility or premises, to the extent permitted by law
Serious bodily injury
Permanent disability
Death
Loss of or damage to personal property
I understand that these risks may occur even when appropriate instruction, supervision, safety precautions, and equipment are provided.

RELEASE AND WAIVER OF LIABILITY
To the fullest extent permitted by North Carolina law, I, on behalf of myself and, where applicable, my child or minor participant, hereby release, waive, discharge, and covenant not to sue the following parties:

Stephen McCarthy, as building owner;

P3-Civil PLLC, as sublessee/tenant of the premises;

Brooke Wintlend

and each of their respective owners, members, managers, officers, directors, employees, coaches, instructors, agents, representatives, volunteers, contractors, successors, assigns, and affiliated parties

This release applies to claims, demands, causes of action, damages, liabilities, costs, expenses, and losses arising out of or relating to my or the Participant's participation in activities at the facility or presence on the premises, including claims relating to personal injury, illness, disability, death, or property damage, to the maximum extent such release is permitted to be enforced under applicable North Carolina law.

Nothing in this Agreement is intended to waive or release any liability that cannot legally be waived or released under North Carolina law.

FACILITY AND PREMISES
I understand that the facility is located at:

7730 England St, Suite A, Charlotte, NC 28273.

I understand that Brooke Wintlend operates softball-related activities at the premises and that P3-Civil PLLC is the sublessee of the premises and Stephen McCarthy is the building owner.

I acknowledge that I am voluntarily entering and using the premises and agree to comply with all posted facility rules, instructions, safety requirements, and directions given by Brooke Wintlend, coaches, instructors, or authorized representatives.

EQUIPMENT
I understand that softball activities may involve the use of bats, balls, nets, pitching machines, batting cages, protective equipment, tees, screens, weights, training devices, and other athletic equipment.

I agree to use all equipment only as instructed and for its intended purpose.

I understand that equipment can malfunction, break, move unexpectedly, or otherwise create a risk of injury despite reasonable care and inspection.

I agree to immediately report any damaged, defective, or unsafe equipment or facility condition to Brooke Wintlend or another authorized representative.

PERSONAL RESPONSIBILITY
I agree to conduct myself in a safe and responsible manner.

I understand that I am responsible for following instructions and safety rules. I agree not to participate in activities if I am experiencing an injury, illness, dizziness, significant pain, or any condition that would make participation unsafe.

I understand that Brooke Wintlend and its instructors may stop or modify an activity if they believe the activity presents an unreasonable safety concern.

MEDICAL TREATMENT AUTHORIZATION
In the event of an injury, illness, or medical emergency involving the Participant, I authorize Brooke Wintlend, her their instructors, employees, agents, or representatives to obtain reasonable emergency medical assistance for the Participant when I or the Participant's parent/guardian cannot be reached promptly.

I understand that Brooke Wintlend and the Released Parties are not responsible for medical expenses, ambulance expenses, hospital expenses, treatment costs, or other medical costs incurred as a result of an injury or illness.

I understand that this authorization does not require Brooke Wintlend or any Released Party to provide medical treatment.

HEALTH AND FITNESS
I represent that the Participant is physically capable of participating in the activities for which the Participant has registered.

I agree to notify Brooke Wintlend of any condition, restriction, injury, or limitation that may affect the Participant's ability to safely participate.

I understand that Brooke Wintlend is not providing medical advice or medical treatment.

PERSONAL PROPERTY
I understand that Brooke Wintlend, P3-Civil PLLC, Stephen McCarthy, and the other Released Parties are not responsible for lost, stolen, or damaged personal property brought onto or left at the facility, except to the extent such responsibility cannot legally be excluded.

Participants are responsible for their own belongings.

INDEMNIFICATION
To the fullest extent permitted by North Carolina law, I agree to indemnify and hold harmless the Released Parties from claims, damages, liabilities, losses, costs, and expenses, including reasonable legal expenses, arising from:

My or the Participant's negligent, reckless, or intentional conduct;
My or the Participant's violation of facility rules;
My or the Participant's misuse of equipment;
Claims brought by me or the Participant contrary to the terms of this Agreement; or
Claims brought by another person arising from my or the Participant's conduct.
This provision applies only to the extent permitted by applicable law.

MINOR PARTICIPANTS
If the Participant is under eighteen (18) years of age, the undersigned parent or legal guardian represents and warrants that:

I am the Participant's parent or legal guardian;
I have authority to enter into this Agreement on behalf of the Participant;
I have read and understand this Agreement;
I voluntarily consent to the Participant's participation in Brooke Wintlend's activities;
I acknowledge and accept the risks associated with participation;
I agree to the release, assumption-of-risk, and indemnification provisions contained in this Agreement to the fullest extent permitted by law; and
I agree that the Participant will comply with all facility rules and instructions.

PARENT/GUARDIAN RESPONSIBILITY
Parents and legal guardians are responsible for providing accurate emergency contact and medical information and for notifying Brooke Wintlend of any relevant changes.

Parents and guardians are also responsible for ensuring that their child understands the importance of following safety instructions and facility rules.

Unless otherwise agreed in writing, parents or legal guardians should remain available by telephone while a minor participant is participating in activities at the facility.

FACILITY RULES
I agree to comply with all facility rules and instructions, including but not limited to:

No horseplay or intentional unsafe behavior
Follow all coach/instructor directions
Use equipment only as instructed
Remain in designated areas
Do not enter restricted areas
Do not interfere with another participant's training
Immediately report unsafe conditions or damaged equipment
Wear appropriate athletic clothing and footwear
Maintain appropriate behavior toward coaches, staff, participants, and visitors
Do not participate while under the influence of alcohol or drugs
Follow all posted emergency procedures
Brooke Wintlend reserves the right to remove a participant from the facility for unsafe, disruptive, abusive, or inappropriate behavior.

ONGOING AND CONTINUOUS EFFECT
This Agreement is intended to be a continuing and ongoing waiver and release.

Once signed, this Agreement applies to all future participation by the Participant in Brooke Wintlend's activities and all future visits to or use of the facility at:

7730 England St, Suite A, Charlotte, NC 28273

unless and until a new agreement is required or the Participant/parent or legal guardian provides written revocation.

Revocation will not apply retroactively to activities or events that occurred before the revocation.

ACKNOWLEDGMENT AND UNDERSTANDING
I acknowledge that I have carefully read this entire Agreement.

I understand that I am giving up certain legal rights by signing this Agreement, including, to the extent permitted by law, the right to bring certain claims against the Released Parties.

I have had the opportunity to ask questions regarding this Agreement before signing it.

I understand that I am signing this Agreement voluntarily and without coercion.

I understand that this Agreement applies to future participation and visits to Brooke Wintlend's facility as described above.

I understand that if the Participant is a minor, I am signing this Agreement on behalf of myself and, to the fullest extent permitted by law, on behalf of the minor Participant.