Loading...

This WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT

This WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT (“Agreement”) is executed by the person signing below (“Participant”) on the date indicated below.

WHEREAS, Participant desires to participate in and/or observe sporting activities, which may include, but is not limited to, hitting baseballs or softballs from a machine, pitch, tee, or soft toss, pitching, throwing, infield drills, running or agility training, strength training, and/or other sporting, baseball, softball, or fitness activities, and/or Participant desires to observe or use sporting equipment, which may include, but is not limited to, retractable batting cages, high-speed pitching machines, pitching mounds, baseballs, bats, softballs, plyo wall, and/or other equipment (collectively, the list of activities and equipment is referred to as the “Activities”) at the facility at 11 Shenandoah Drive, Suite D, Lafayette, IN 47905 (“Facility”) operated by LifeLong Sports Training, LLC, an Indiana limited liability company, doing business as LifeLong Sports (collectively, “LifeLong”); and

WHEREAS, as used herein, “LifeLong” shall also include, but is not limited to, LifeLong Sports Training, LLC’s members, managers, officers, directors, employees, agents, and contractors; and

WHEREAS, the Participant understands that the activities he or she will take part in and all events surrounding the Activities could result in personal injury, property damage, or wrongful death to himself or herself; and

WHEREAS, Participant desires to exempt and relieve LifeLong from liability for any and all personal injury, property damage, or wrongful death related in any manner to the Activities operated by LifeLong.

NOW, THEREFORE, for and in consideration of permitting the Participant to participate in the Activities, Participant agrees as follows:

1. RELEASE AND WAIVER OF LIABILITY. I recognize that LifeLong could not offer the Activities without obtaining a release of liability. I hereby release, discharge, waive, covenant not to sue, and relinquish any and all actions or causes of actions for personal injury, property damage, or wrongful death occurring to myself arising as a result of observing, assisting with, engaging in, or receiving instruction related in anyway the Activities, or any activity incidental thereto, wherever or however the same may occur and for whatever period said Activities may continue. I do, for myself and my estate, agree that under no circumstances will my heirs, executors, administrators, and/or assigns prosecute, present any claim for personal injury, property damage, or wrongful death against LifeLong for any of said causes of action, whether the same shall arise by the negligence of LifeLong or otherwise. IT IS THE INTENTION OF PARTICIPANT TO, BY THIS AGREEMENT, EXEMPT AND RELIEVE LIFELONG FROM LIABILITY FOR ANY AND ALL PERSONAL INJURY , PROPERTY DAMAGE, OR WRONGFUL DEATH CAUSED BY ANY NEGLIGENCE WHATSOEVER, WHETHER IN LAW OR IN EQUITY, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES.

2. ASSUMPTION OF RISK. I know the risk and the danger to myself and property, both from known risk and unanticipated risk, while at the Facility and/or while observing, assisting with, engaging in, or receiving instruction related in anyway the Activities. I willingly, voluntarily, and in reliance, not upon the property, equipment, facilities, and existing conditions furnished by others, but upon my own judgment and ability, assume all risk of loss, damage, or injury (including, but not limited to, severe injury or death) to myself and my property from any cause whatsoever and whether or not attributable to the negligence of others. I have full knowledge of the nature and extent of all risks and hazards associated with the Activities, including but not limited to: being struck by baseball, softball, and/or bat; being struck by falling, striking, or thrown objects; failure of any part or all or any equipment listed above or other equipment; strained or sprained muscles, joints, and connective tissue; broken bones; blindness; paralysis; emotional injury; bruising; pain and discomfort; disability; death; illness; property damage; and other injuries, losses, and damages. I further acknowledge that the above list is not exclusive of all the possible risks associated with the Activities and that the above list in no way limits the extent or reach of this release and covenant not to sue. Injury or death can arise from errors in judgment, from lack of training or information, from the negligence of me, LifeLong, or other parties, as well as the risks normally associated with athletic endeavors. There is no way to eliminate the risk of serious harm or death. In an attempt to mitigate serious harm or death, I shall, at all times, follow all of LifeLong’s rules and regulations and wear and use any and all reasonable and advisable safety equipment recommended to me. I understand that my use of LifeLong’s Facility, any instruction or knowledge I obtain at this Facility, any rules and regulations, and any safety equipment I use IS NOT sufficient to prepare me for all the dangers and risks associated with the Activities.

3. INDEMNIFICATION. I AGREE, WITH A FULL UNDERSTANDING OF THE RISKS INVOLVED, TO RELIEVE, RELEASE, INDEMNIFY, HOLD HARMLESS, AND DEFEND LIFELONG FROM AND AGAINST ANY AND ALL RESPONSIBLITY OR LIABILITY TO ME FOR ANY OF THE RELEASED ACTIONS OR INJURIES IN SECTIONS 1 AND 2 ABOVE; FROM ANY AND ALL INJURIES OR DAMAGES FROM RISKS WHICH ARE KNOWN OR UNKNOWN; AND FROM ANY AND ALL CONNECTED IN ANY WAY WITH MY PARTICIPATION OR OBSERVANCE OF THE ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, INJURIES AND DAMAGES TO MYSELF AND ANY INJURIES AND DAMAGES I MAY CAUSE TO OTHERS.

4. ASSURANCES. I represent that I have adequate insurance or financial resources to pay for any injury or damages I may suffer or cause while I am at LifeLong’s Facility. I further represent that I have no medical, physical, or other condition, injury, or predisposition that would interfere with my safety in this activity.

5. PERSONAL PROPERTY. In no way limiting the forgoing, I take full responsibility for, release, and hold harmless LifeLong from any and all liability arising from any and all damage to, loss of, or theft of any and all of my personal property. LifeLong is not responsible in any way for any of my personal property that is damaged, lost, or stolen. I understand that the care and storage of all clothing, purses, backpacks, equipment, personal items, and personal property is my complete and sole responsibility and not the responsibility of LifeLong.

6. PHOTO RELEASE. I hereby grant LifeLong, an irrevocable, royalty free, perpetual, and worldwide right to photograph, video, and/or audio record me in connection with any Activities and to use such my photographs, recordings, likeness, and voice and any derivatives thereof for any purpose whatsoever in any and all media now known or hereafter devised, including, but not limited to, advertising and promotion, for an indefinite period of time. I agree that I am granting LifeLong the right herein without being entitled to or seeking any compensation whatsoever. I agree that all photographs and recordings are the exclusive property of LifeLong and waive any right to approve or object to LifeLong’s use of any such photograph or recording. I release LifeLong and assigns from any claims that may arise from these uses, including but not limited to, claims of defamation, invasion of privacy, or right of publicity.

7. BINDING AGREEMENT. “You”, “I”, “my”, “me”, “myself” and any other similar word as used herein, includes the Participant as well as his or her heirs, executors, dependents, beneficiaries, and assigns, including, but not limited to, parents, guardians, spouses, domestic partners, and children. By signing this Agreement, you are signing on behalf of the above-listed persons and your signature shall be considered binding upon them.

8. PERIOD. This Agreement shall be in full force and effect indefinitely and for all times and periods that the Participant observes or participates in Activities at LifeLong’s Facility until such time as a subsequent agreement of this nature may be executed in writing and expressly supersedes this Agreement.

9. SEVERABILITY. The Participant agrees that the terms and provisions of this Agreement are reasonable and enforceable and that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State Indiana. The invalidity of any provision of this Agreement shall not impair the validity of any other provision. If all or any part of this Agreement is deemed unreasonable, invalid, void, or unenforceable by a court decree, order, or judgment of a court of competent jurisdiction, the parties hereby expressly consent and agree that provision shall be deemed modified to the extent necessary to render that provision enforceable to the greatest extent and the remainder of this Agreement shall continue in effect and be enforceable to the fullest extent permitted by law.

10. ENTIRE AGREEMENT. The recitals above are expressly incorporated herein. This Agreement contains the entire agreement and understanding by and between the Participant and LifeLong with respect to the matters herein referred to, and no representations, promises, agreements, or understandings, written or oral, not herein contained shall be of any force or effect. Neither LifeLong nor the Participant shall be deemed to have drafted this Agreement for purposes of any future construction. Any rule of construction providing that ambiguities shall be construed against the drafter hereof shall not apply and is waived.

11. MODIFICATION. No change or modification of this Agreement shall be valid or binding unless the same is in writing and signed by the Participant and LifeLong. No waiver of any provision of this Agreement shall be valid unless the same is in writing and signed by the party against whom such waiver is sought to be enforced; moreover, no valid waiver of any provision of this Agreement at any time shall be deemed a waiver of any other provision of this Agreement at such time or will be deemed a valid waiver of such provision at any other time.

12. GOVERNING LAW. This Agreement has been executed under and shall be governed by the laws of the State of Indiana without regard to such state’s conflict of laws principles. Any and all claims, disputes, and/or lawsuits arising from this Agreement or as a result of the relationship of the parties hereto, whether brought by either party, shall be filed, heard, and venued in Tippecanoe County, Indiana; and that both the parties submit to the personal jurisdiction in Tippecanoe County, Indiana. In addition, the parties hereby irrevocably waive all rights to trial by jury and agree that all claims and/or lawsuits shall be tried before a judge.

13. COSTS. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce any term, condition, or covenant under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney and paralegal fees, and costs and expenses incurred.

14. HEADINGS AND TERMINOLOGY. Any headings or other titles used herein are made for the purposes of convenience only and shall not alter or modify the meaning of any provision contained herein. Whenever the context may require, any pronouns used in this Agreement shall include the corresponding masculine, feminine, or neuter forms, and the singular form of nouns and pronouns shall include the plural, and vice versa.

THIS AGREEMENT IS A LEGAL DOCUMENT AND IS A BINDING CONTRACT AND RELEASE. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE AGREEMENT. IF YOU DO NOT UNDERSTAND ANY PORTION OF IT OR DO NOT WISH TO AGREE TO THE TERMS CONTAINED HEREIN, CONSULT AN ATTORNEY AND DO NOT SIGN THIS DOCUMENT.

Today's Date: April 23, 2025

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Medical Disclosure: Are there any medical conditions for any participant that can affect their participation in any activities at LifeLong Sports?

If none, please type NA. *
If Participant is less than eighteen (18) years of age, Parent or Legal Guardian must agree and sign below: I, as parent or legal guardian of the above minor under eighteen (18) years of age, am familiar with the Activities and have read and understand the Agreement. I hereby join in and consent to all the terms and conditions set forth in this Agreement for myself, for and on behalf of the minor, and for and on behalf of any other parent or guardian for the minor.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!