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RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT
(Adult)

    IN CONSIDERATION for gaining access to, use of, and/or participation in certain sports training and recreational facilities, services and/or equipment owned, operated or otherwise subject to the direction of ELITE ATHLETIC SPORTS CLUB LLC (“Operator”) at or about the business premises and curtilage located at 311 Dane Lane, Longwood, Florida (hereinafter, the “Facility”), for any purpose whatsoever.

each of the undersigned, by his/her signature hereto, for himself/herself as well as his/her spouse, minor children, legal wards, parents, heirs, next of kin, assigns, privies, personal representatives, estate, and insurers and next of kin  (collectively, including each undersigned, to the extent accessing, using and/or participating in Operator’s sports training and recreational facilities, services and/or equipment or otherwise affected by such access, use and/or participation, the “Users”), hereby releases, indemnifies, holds harmless, discharges and covenants not to sue, and forever waives without limitation any claims arising out of or related to the access to, use of and/or participation by any User in Operator’s sports training and recreational facilities, services and/or equipment at or about the business premises and curtilage of the Facility that accrue or could accrue against ELITE ATHLETIC SPORTS CLUB LLC (Operator),  DAVID DEMETREE (the landowner), and their respective agents, owners, managers, officers, shareholders, directors, members, affiliates, volunteers, participants, employees, insurers, and all other persons or entities acting in any capacity on their behalf and all other property and/or business premises guests, and/or any persons upon the business premises or in any approach, ingress or egress to the (collectively referred to as “Releasees”), for any and all loss, damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence (including gross negligence) of the releasees or otherwise while the undersigned and/or and other User is at or about the Facility for any purpose whatsoever.

     By my signature hereto and my access to, use of, and participation in participation hereafter certain sports training and recreational facilities, services and/or equipment at the Facility hereafter, I agree that I take full responsibility for any legal, medical, financial or physical damage or injury that I may incur in so doing.  Specifically:

  1. I acknowledge and understand that my access to, use of and/or participation in Operator’s sports training and recreational facilities, services and/or equipment and such access, use and/or participation of any other User entails known and unanticipated risks that could result in physical or emotional injury, including, but not limited to concussions, broken bones, sprained or torn ligaments, paralysis, death, or other bodily injury or property damage to myself, each User and/or third parties. I understand and agree that Releasees, including Releasees’ employees, are not infallible. I understand and agree that, for example, Releasees’ employees may be distracted or may be unaware of a participant’s health or abilities. I understand and agree that Releasees’ employees may give incomplete instructions or warnings, and the equipment being used may malfunction, which could constitute negligence, including gross negligence, and jeopardize my safety or the safety of any other User.  I acknowledge and understand that the known and unanticipated risks and dangers associated with my access to, use of and/or participation in Operator’s sports training and recreational facilities, services and/or equipment and such access, use and/or participation of any other User simply cannot be eliminated without jeopardizing the essential qualities of such facilities, services and/or equipment.  Therefore, I agree and assume full responsibility for and risk of bodily injury, death, or property damage whether caused by the negligence (including gross negligence) of the releasees or otherwise, while at and about the Facility.
     
  2. I expressly acknowledge and agree that participation by me or any other User in hitting, fielding, pitching and other activities at the Facility and the use of related equipment by me and any other User (collectively, “Activities”)  could result in any of the risks, injuries, death, damage and/or be related to  negligence including gross negligence by the Releasees, as described in Paragraph 1.  I acknowledge and understand that the known and unanticipated risks and dangers associated with participation by me or any other User in the Activities simply cannot be eliminated without jeopardizing the essential qualities of such Activities.  Therefore, I agree and assume full responsibility for and any all risks or occurrences of physical or emotional injury, including, but not limited to concussions, broken bones, sprained or torn ligaments, paralysis, death, or other bodily injury or property damage to myself, each User and/or third parties.  whether caused by the negligence (including gross negligence) of the releasees or otherwise, while participating in Activities.
     
  3. I EXPRESSLY AND VOLUNRARILY ACKNOWLEDGE  AND THAT, AFTER HAVING AN OPPORTUNITY TO FULLY EVALUATE AND UNDERSTAND THE RISKS INVOLVED WITH MY ACCESS TO, USE OF, AND PARTICIPATION IN ANY AND ALL OTHER sports training and recreational facilities, services and/or equipment OF THE OPERATOR, INCLUDING HAVING HAD THE OPPORTUNITY TO FULLY EVALUATE AND UNDERSTAND THE ACTIVITIES AND RISKS INVOLVED WITH SAME, I KNOWINGLY AND FREELY PROMISE AND AGREE, ON BEHALF OF MYSELF AND ALL OTHER USERS, TO ASSUME ANY AND ALL RISKS ARISING OUT OF OR RELATED TO SUCH ACTIVITIES AND SUCH OTHER ACCESS, USE  AND/OR PARTICIPATION, INCLUDING, WITHOUT LIMITATION, THE RISKS OF PHYSICAL INJURY, EMOTIONAL INJURY, SICKNESS, DEATH, PROPERTY DAMAGE, FALLS, COLLISIONS, THE UNAVAILABILITY OF EMERGENCY MEDICAL CARE, AND/OR THE NEGLIGENCE AND/OR DELIBERATE ACT OF ANOTHER PERSON, IRRESPECTIVE OF ANY NEGLIGENCE ON THE PART OF RELEASEES. MY PARTICIPATION AND THE PARTICIPATION OF EACH OF THE OTHER USERS IS PURELY VOLUNTARY, AND I HAVE ELECTED ON OUR BEHALF TO ACCESS, USE AND/OR PARTICIPATE IN SPITE OF THE RISKS.
     
  4. I expressly understand and agree I and/or any other User may be injured at the Facility and, if so, I acknowledge that we may require medical assistance, which I acknowledge and agree will be at my own expense or the expense of my personal insurer(s). I hereby represent and affirm that I have adequate and appropriate insurance to provide coverage for such medical expense, or else I agree to bear the costs myself. I UNDERSTAND AND AGREE THAT RELEASEES WILL NOT PAY FOR ANY COST OR EXPENSES INCURRED BY ME IF I AND/OR ANY OTHER USER BECOMES INJURED.
     
  5. By my signature hereto, I, FOR MYSELF AND EACH USER, expressly assume liability for and VOLUNTARILY  AGREE TO forever waive without limitation, RELEASE, INDEMNIFY, SAVE, DEFEND (WITH COUNSEL ACCEPTABLE TO RELEASEES) AND HOLD RELEASEES, JOINTLY AND SEVERALLY, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, CLAIMS, CAUSES OF ACTION, SUITS, CONTROVERSIES, JUDGMENTS, DEMANDS, INJURIES (INCLUDING DEATH), SICKNESS, DAMAGES (INCLUDING CONSEQUENTIAL DAMAGES), COSTS, EXPENSES, ATTORNEYS’ FEES, AND ANY OTHER LEGAL, EQUITABLE OR ADMINISTRATIVE ACTIONS OR PROCEEDINGS WHATSOEVER, ARISING OUT OF OR RELATED TO: (I) THE ACTIVITIES, (II) THE FACILITY, (III) THE ENTRY UPON AND USE OF THE FACILITY BY ME AND EACH USER, (IV) access to, use of, and/or participation in certain sports training and recreational facilities, services and/or equipment owned, operated or otherwise subject to the direction of operator, (V) THE INVOLVEMENT OF ME AND EACH USER IN THE ACTIVITIES, (VI) ANY ACTS OR OMISSIONS OF ME OR ANY OTHER USER (INCLUDING ANY PROPERTY DAMAGE AND/OR INJURY (INCLUDING DEATH) CAUSED BY ME OR ANY OTHER USER), (VII) ANY CHALLENGE BY ME OR ANY OTHER USER TO THIS AGREEMENT OR ANY PROVISION HEREOF, (VIII) ANY SUIT, ACTION OR PROCEEDING BROUGHT BY ME, ANY OTHER USER AND/OR ANY THIRD PARTY IN VIOLATION OF THE TERMS OF THIS AGREEMENT, AND (IX) ANY SUCH CLAIMS BASED UPON DAMAGES CAUSED OR ALLEGED TO HAVE BEEN CAUSED IN WHOLE OR IN PART BY THE NEGLIGENT ACTS OR OMISSIONS OF RELEASEES.
     
  6. Should Releasees or anyone acting on their behalf incur any attorney’s fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs (including reasonable attorney’s fees).
     
  7. I certify that I am and each other User is physically able to participate in all Activities without aid or assistance. I further certify that I am willing, on behalf of myself and each other User, to assume the risk of any medical or physical condition that any of us may have.
     
  8. I acknowledge that I have been provided with a copy of, or otherwise shown, the rules (the “Rules”) promulgated by the Releasees which pertain to access to, use of, and/or participation in Operator’s sports training and recreational facilities, services and/or equipment, including but not necessarily limited to the Activities. I understand that the Rules have been implemented for the safety of all guests at the Facility, including myself and each other User. I acknowledge and agree that failure to follow the Rules could result in the expulsion of myself and each other User from the Facility.
     
  9. Whether or not the Rules stated herein below are expressly stated in the copy of same provided to me, I have read and understand the Rules below pertaining to each User’s access to, use of, and/or participation in Operator’s sports training and recreational facilities and at all times include the following and I and each other User agree to comport with same at all times in and about the Facility:

    a.  I understand that entry into the Facility, and/or related areas and/or upon access to, use of and/or participation in, if any, the sports training and/or recreational activities, services and/or equipment and/or activities constitutes an acknowledgement that I and each other User has inspected the Facility/activities/services and/or equipment sufficiently to determine that same is accepted as safe and reasonably suited for the purposes of such access, use and/or participation.

    b.  I will immediately advise Releasees, or its owners, managers, employees, agents and/or other representatives, if, at any time, I and/or any other User is injured. 

    c.  I will immediately advise Releasees, or its owners, managers, employees, agents and/or other representatives, if, at any time, I and/or any other User is in or about the Facility and discovers anything that is unsafe or otherwise feels anything to be unsafe and I will thereafter leave the Facility premises immediately.

    d.  I understand and agree that no minor shall be allowed to participate, operate or otherwise use the sports training and recreational premises and/or equipment unless occupied and/or accompanied by an adult, 18 years or older.

    e.  I understand and agree that during the operation of the batting cages and pitching machines, all users will wear a designated protective gear.
     
  10. I understand and agree that this Agreement and all of its provisions shall continue and remain in effect during each and every visit to the Facility by me and each other User.  Notwithstanding any other condition of my rights or abilities to access, use, or participate in the Operator’s sports training and recreational facilities, services and/or equipment, I understand and agree that it will be necessary at all times for me and each other User to have an operative, effective Agreement with the Operator.
     
  11. I understand and agree that it may become necessary, from time to time and without notice, for Operator and/or any of the Releasees to update or modify the terms of this Agreement.  I understand that it will be necessary for me to execute such further to update, modification or further Agreement as Operator and/or any of the Releasees may from time to time require in order to continue my access to, use of, and/or participation in Operator’s sports training and recreational facilities, services and/or equipment.
     
  12. I understand and voluntarily agree, on behalf of myself and each other User that any litigation or other proceeding involving the Activities, the Facility or Releasees will take place solely in Seminole County, Florida shall be governed by and construed and enforced in accordance with the laws of the State of Florida.  TO THE FULLEST EXTENT PERMITTED BY LAW, I ACKNOWLEDGE AND AGREE THAT IF THERE ARE ANY DISPUTES REGARDING OR RELATED TO THIS AGREEMENT OR ANY MATTER ADDRESSED HEREIN, I, ON BEHALF OF MYSELF AND EACH OTHER USER HEREBY WAIVE ANY RIGHT I AND EACH OTHER USER MAY HAVE TO A TRIAL BY JURY. I agree that if any portion of this Agreement is found to be void or unenforceable by a court of competent jurisdiction, such portion shall be amended to the smallest degree necessary to render such clause valid and enforceable and the remaining portions shall remain in full force and effect. I expressly agree that the releases, waivers, and indemnifications to Releasees pursuant to this Agreement are intended to be as broad and inclusive as is permitted by the law of the State of Florida and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
     
  13. I further grant Releasees the right, without reservation or limitation, the unrestricted right and copyright to photograph, videotape, and/or record me and each other User and to use my and each User’s name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising and all other promotional materials of any nature and kind. On behalf of myself and each other User, I hereby further expressly release and waive any demand, action, claim, license, royalty and any other right to any form of payment that I and each other User may have arising out of or relating to any use of our name, face, likeness, voice and/or appearance.
     
  14. I further grant Releasees the right, without reservation or limitation, to videotape, and/or record me and each User on closed circuit television, for monitoring and security purposes.
     
  15. I agree that I may, from time to time, receive email from Operator, including promotions and discounts to the email address provided below.

     I ACKNOWLEDGE THAT I OR ANY OTHER USER IS HURT OR PROPERTY IS DAMAGED DURING PARTICIPATION AT THE FACILITY, I HAVE WAIVED THE RIGHT TO MAINTAIN A LAWSUIT AGAINST RELEASEES ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED RELEASEES HEREIN. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I UNDERSTAND THIS AGREEMENT, AND I VOLUNTARILY AGREE TO BE BOUND BY ITS TERMS, INTENDING TO BE LEGALLY BOUND HEREBY. I ACKNOWLEDGE AND AGEEE THAT THIS RELEASE OF LIABILITY IS EXPRESSLY PROVIDED TO EXCULPATE THE RELEASEES FROM THOSE LIABILITIES WHICH ARE SEPARATE FROM AND IN ADDITION ANY POTENTIAL LIABILITIES CREATED BY ANY RISKS INHERENT IN MY ACCESS TO, USE OF, AND OR PARTICIPATION IN ANY ACTIVITIES, SERVICES OR EQUIPMENTS AT THE FACILITY.

     My signature is proof of my intention to execute a complete and unconditional Release, Indemnification, and Waiver of all liability for myself to the full extent of the law. By signing this Agreement, I understand that I have given up considerable future legal rights.  I understand that in doing so, I am binding my spouse, heirs, assigns, and any similarly situated personal or legal representative to the terms of this Agreement.  I have read and voluntarily sign this Agreement and further agree that no oral representations, statements or inducements apart from the foregoing written agreement have been made.  THIS AGREEMENT IS THE ENTIRE AGREEMENT IS BINDING NOW AND FOREVER INTO THE FUTURE.

Dated: September 18, 2020

First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Membership
Who are you completing this waiver for?*
Elite Athletics Sports Club, EASC Scrappers
Pure Performance, Tyrone Davis
Juan Cortez
Joe Sostre (Personal Client)
Anthony Seise (Personal Client)
Kutler Lane
Chuck Wolf
Igor Beaz (Personal Client)
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Membership
Who are you completing this waiver for?*
Elite Athletics Sports Club, EASC Scrappers
Pure Performance, Tyrone Davis
Juan Cortez
Joe Sostre (Personal Client)
Anthony Seise (Personal Client)
Kutler Lane
Chuck Wolf
Igor Beaz (Personal Client)
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Membership
Who are you completing this waiver for?*
Elite Athletics Sports Club, EASC Scrappers
Pure Performance, Tyrone Davis
Juan Cortez
Joe Sostre (Personal Client)
Anthony Seise (Personal Client)
Kutler Lane
Chuck Wolf
Igor Beaz (Personal Client)
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Membership
Who are you completing this waiver for?*
Elite Athletics Sports Club, EASC Scrappers
Pure Performance, Tyrone Davis
Juan Cortez
Joe Sostre (Personal Client)
Anthony Seise (Personal Client)
Kutler Lane
Chuck Wolf
Igor Beaz (Personal Client)
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Membership
Who are you completing this waiver for?*
Elite Athletics Sports Club, EASC Scrappers
Pure Performance, Tyrone Davis
Juan Cortez
Joe Sostre (Personal Client)
Anthony Seise (Personal Client)
Kutler Lane
Chuck Wolf
Igor Beaz (Personal Client)
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Membership
Who are you completing this waiver for?*
Elite Athletics Sports Club, EASC Scrappers
Pure Performance, Tyrone Davis
Juan Cortez
Joe Sostre (Personal Client)
Anthony Seise (Personal Client)
Kutler Lane
Chuck Wolf
Igor Beaz (Personal Client)
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Membership
Who are you completing this waiver for?*
Elite Athletics Sports Club, EASC Scrappers
Pure Performance, Tyrone Davis
Juan Cortez
Joe Sostre (Personal Client)
Anthony Seise (Personal Client)
Kutler Lane
Chuck Wolf
Igor Beaz (Personal Client)
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Membership
Who are you completing this waiver for?*
Elite Athletics Sports Club, EASC Scrappers
Pure Performance, Tyrone Davis
Juan Cortez
Joe Sostre (Personal Client)
Anthony Seise (Personal Client)
Kutler Lane
Chuck Wolf
Igor Beaz (Personal Client)
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Membership
Who are you completing this waiver for?*
Elite Athletics Sports Club, EASC Scrappers
Pure Performance, Tyrone Davis
Juan Cortez
Joe Sostre (Personal Client)
Anthony Seise (Personal Client)
Kutler Lane
Chuck Wolf
Igor Beaz (Personal Client)
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Membership
Who are you completing this waiver for?*
Elite Athletics Sports Club, EASC Scrappers
Pure Performance, Tyrone Davis
Juan Cortez
Joe Sostre (Personal Client)
Anthony Seise (Personal Client)
Kutler Lane
Chuck Wolf
Igor Beaz (Personal Client)
Participant's 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.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Membership
Who are you completing this waiver for?*
Elite Athletics Sports Club, EASC Scrappers
Pure Performance, Tyrone Davis
Juan Cortez
Joe Sostre (Personal Client)
Anthony Seise (Personal Client)
Kutler Lane
Chuck Wolf
Igor Beaz (Personal Client)
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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