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Top Gun Baseball Academy, LLC

Waiver, Release of Liability, Assumption of Risk and Indemnification Agreement

In consideration for being permitted to participate in events, activities, programs, practices and training at Top Gun Baseball Academy, LLC (“Top Gun”), I, on behalf of myself and my family, personal representatives, estate, successors, assigns, heirs and next of kin, hereby enter into this Waiver, Release of Liability, Assumption of Risk and Indemnification Agreement (the “Agreement”) and covenant and agree as follows:

1. Acknowledgement, Acceptance and Assumption of Risk. I acknowledge and understand that sports and other events, activities, programs, practices and training offered, conducted and/or sponsored by or at Top Gun involve substantial risk of property damage and bodily injury, including but not limited to, death, concussion, serious neck and spinal injuries (which can result in complete or partial paralysis), brain damage, and injury to bones, joints, muscles, and internal organs. I further acknowledge and understand that these risks and injuries may result not only from my (or my child’s) own actions, but also from the action, inactions or negligence of others, or the condition of the facilities or equipment, and that equipment provided for my (or my child’s) protection may be inadequate to prevent serious injury. I further acknowledge and understand that my (or my child’s) participation in events, activities, programs, practices or training at Top Gun may involve other activities incidental thereto, including but not limited to, travel to and from site and other activities not affiliated with Top Gun. I am voluntarily choosing to participate in events, activities, programs, practices or training at Top Gun of my own free will with full knowledge and appreciation of the risks and dangers associated with such activities. I hereby knowingly, freely and expressly assume any and all such risks and dangers, known and unknown, and accept and assume full responsibility for any injury, loss, or damage arising out of or in any way related to my participation in any events, activities, programs, practices or training at Top Gun (and all activities incidental thereto), whether caused by the negligence of any of the Released Parties (as defined below) or any other cause.

2. Waiver and Release of Liability. To the fullest extent permitted by law, I, on behalf of myself and my family, personal representatives, estate, successors, assigns, heirs and next of kin hereby unconditionally and irrevocably waive all liability of, release, acquit and forever discharge Top Gun, along with its respective owners, officers, directors, members, agents, employees, sponsors, volunteers, and other representatives (collectively, the “Released Parties”), from and against any and all present and future claims, demands, actions, rights, liabilities, damages, and causes of action of any kind, character, nature, or description whatsoever, whether known or unknown, foreseen or unforeseen, direct or indirect, arising out of or in any way related to my (or my child’s) participation in or presence at any events, activities, programs, practices or training at Top Gun (and all activities incidental thereto), whether caused by the negligence of any of the Released Parties or any other cause, provided that this section shall not be deemed to release a Released Party from liability arising from its own willful or intentional misconduct.

3. Indemnification, Hold Harmless and Covenant Not to Sue. On behalf of myself and my family, personal representatives, estate, successors, assigns, heirs and next of kin, I hereby indemnify, hold harmless, and promise not to sue or otherwise bring a claim against the Released Parties for any loss, liability, expense, or damage arising out of or in any way related to my (or my child’s) participation in or presence at any events, activities, programs, practices or training at Top Gun (and all activities incidental thereto), whether caused by the negligence of any of the Released Parties or otherwise. I further agree to indemnify the Released Parties from and against any and all third-party claims of any kind arising out of or in any way related to my (or my child’s) participation in or presence at any events, activities, programs, practices or training at Top Gun. Should any of the Released Parties be required to incur attorney’s fees or costs to enforce this Agreement, I agree to indemnify them and pay for all such fees and costs.

4. Medical Treatment and Expenses. I hereby authorize and consent to the rendering of first aid and other medical treatment which may be deemed necessary in the event of any illness, accident, injury or medical emergency while I am (or my child is) participating in or present at events, activities, programs, practices or training at Top Gun. I understand and agree that I will be solely responsible for all fees, costs, and expenses related to any medical treatment and/or medical transportation provided to me (or my child).

5. Choice of Law and Jurisdiction. I agree that this Agreement shall be governed by and interpreted in accordance with the laws of the State of Maryland. I further agree that any action or legal proceeding against any of the Released Parties relating to this Agreement or any claim arising out of or any way related to my participation (or my child’s) or presence at any events, activities, programs, practices or training at Top Gun (and all activities incidental thereto) shall be brought exclusively in the state or federal court(s) in and for the State of Maryland.

6. Interpretation and Severability. I agree and understand that this Agreement and the waivers and releases contained herein are intended to be as broad and inclusive as permitted by Maryland law, and that this Agreement shall be construed broadly to release and waive all claims to the fullest extent permitted under Maryland law. I agree that if any portion of this Agreement is determined to be invalid, illegal or unenforceable, that portion shall be deemed severed from the Agreement, which shall otherwise remain in full force and effect.

7. Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19 The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Top Gun has put in place preventative measures to reduce the spread of COVID-19; however, Top Gun cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending Top Gun could increase your risk and your child(ren)’s risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending Top Gun and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Top Gun may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Top Gun employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at Top Gun or participation in Top Gun programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless Top Gun Baseball Academy, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Top Gun, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any activity at Top Gun..

I ACKNOWLEDGE, AFFIRM AND REPRESENT THAT I HAVE CAREFULLY READ THIS ENTIRE WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT, FULLY UNDERSTAND ITS CONTENTS, TERMS AND MEANING, AND HAVE HAD AN OPPORTUNITY TO HAVE ANY QUESTIONS ANSWERED TO MY SATISFACTION. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS AND REMEDIES BY SIGNING THIS AGREEMENT. I HEREBY SIGN THIS AGREEMENT OF MY OWN FREE WILL AND VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS FOR TODAY AND ALL FUTURE PARTICIPATION IN AND ATTENDANCE AT ANY EVENTS, ACTIVITIES, PROGRAMS, PRACTICES OR TRAINING AT TOP GUN.

Today's Date: November 14, 2024

First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
First Participant's Information

Team Name (or N/A)

Coach's Last Name (or N/A)
First Participant's Signature*
Second Participant's Name

First Name*

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

Team Name (or N/A)

Coach's Last Name (or N/A)
Third Participant's Name

First Name*

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

Team Name (or N/A)

Coach's Last Name (or N/A)
Fourth Participant's Name

First Name*

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

Team Name (or N/A)

Coach's Last Name (or N/A)
Fifth Participant's Name

First Name*

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

Team Name (or N/A)

Coach's Last Name (or N/A)
Sixth Participant's Name

First Name*

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

Team Name (or N/A)

Coach's Last Name (or N/A)
Seventh Participant's Name

First Name*

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

Team Name (or N/A)

Coach's Last Name (or N/A)
Eighth Participant's Name

First Name*

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

Team Name (or N/A)

Coach's Last Name (or N/A)
Ninth Participant's Name

First Name*

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

Team Name (or N/A)

Coach's Last Name (or N/A)
Tenth Participant's Name

First Name*

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

Team Name (or N/A)

Coach's Last Name (or N/A)
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
I hereby warrant, affirm, and represent that I am the parent/legal guardian with legal responsibility for the above-named participant who is under 18 years of age and that, in such capacity, I have read this Waiver, Release of Liability, Assumption of Risk, and Indemnification Agreement completely and carefully, understand the risks involved with the events, activities, programs, practices or training offered, conducted, and/or sponsored by or at Top Gun, have explained and discussed those risks with the above-named participant, and do hereby consent and agree to his/her participation, release, waiver and acceptance of risk as provided above. On behalf of myself, the above-named participant, and my family, personal representatives, estate, successors, assigns, heirs, executors, and next of kin, I hereby knowingly, freely, and expressly agree to all of the terms and conditions of this Waiver, Release of Liability, Assumption of Risk, and Indemnification Agreement.


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 Date of Birth*
Parent or Guardian's Information

Team Name (or N/A)

Coach's Last Name (or N/A)
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.


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