THIS HOLD HARMLESS AND USE AGREEMENT (this “Agreement”) is made and entered into as of the ______ day of ___________________, 20___ (the “Effective Date”) by and between ________________________ (“Instructor”), and THE YARD SPORTS, LLC (“Owner”).
A. Owner owns and operates that certain indoor sports facility known as The Yard.
B. Instructor desires to lease certain facilities, premises or amenities owned or operated by Owner (collectively, the “Facilities”), to be used by the Students (as hereinafter defined), and/or to cause the Students to participate in certain activities organized, facilitated, associated with, and/or located in The Yard, including but not limited to private or group batting and/or throwing lessons (collectively, the “Activities”). As used herein, “Students” shall mean and include each individual who participates in Activities under the direction, instruction or supervision of Instructor in the Facilities.
C. As a condition to leasing a portion of the Facilities and the Students participating in the Activities, Owner requires Instructor to execute and deliver this Agreement.
NOW, THEREFORE, for $10.00 in hand paid and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
Recitals. The foregoing recitals are hereby incorporated into this Agreement as if fully set forth herein.
Names of Students. Instructor shall provide Owner the name of any Student prior to said Student participating in any Activities.
Release of Liability. Prior to leasing a portion of the Facilities or the Students participating in the Activities, Instructor shall sign and deliver to Owner a Release of Liability in the form attached hereto as Exhibit A, and shall obtain and deliver to Owner a signed Release of Liability from each Student, or their respective parent or legal guardian. Instructor hereby waives, releases, forever discharges, and covenants not to bring or make any claim against Owner, 4721 Commercial Drive, LLC, or any of their respective officers, representatives, directors, employees, agents, affiliates, managers, members or successors (collectively, the “Released Parties”) arising out of or in any way related to Instructor’s or any Student’s participation in the Activities, or the lease, use or occupancy of the Facilities, whether such claim is now known, or hereafter becomes known, or arises out of the negligence of Owner or any other Released Party, or otherwise. Instructor shall defend, indemnify, and hold harmless Owner and all other Released Parties from any and all losses, claims, liabilities, judgments, costs, fees and expenses (including attorneys’ fees) arising out of or in connection with the Activities and the lease, use or occupancy of the Facilities.
Use of Facilities. Instructor and each of its Students shall use the Facilities, including any equipment therein, in accordance with all applicable laws of any governmental authority with jurisdiction over the Facilities and all policies, rules and regulations that Owner may establish from time to time (collectively, the “Rules”). If Instructor or any Student violates any applicable law or any Rule, Owner may, at its option, revoke such Student’s and/or Instructor’s right to use the Facilities. In no event shall Instructor cause or permit more than four (4) Students to use the same batting or pitching lane, and Instructor shall rent the number of lanes necessary to comply with the foregoing maximum occupancy requirement.
Insurance. Prior to leasing the Facilities or the Students participating in the Activities, Instructor shall obtain and maintain general liability insurance policy insuring against liability for injury or death of persons or damage to property arising out of the lease of the Facilities and the Activities in an amount and with an insurer acceptable to Owner. Said policy will name Owner as an additional insured and contain a provision requiring the insurer to provide Owner at least thirty (30) days written notice prior to any renewal, modification or termination thereof. Instructor shall provide Owner a certificate of said insurance prior to leasing the Facilities or any Student participating in the Activities, and at least ten (10) days prior to each renewal. Notwithstanding anything to the contrary set forth in this Agreement, each party waives any and all claims (including subrogation claims) or causes of action against the other for the loss or destruction of, or damage to, property to the extent such loss, destruction or damage is of the type insured against or required to be insured against hereunder (irrespective of whether such insurance is maintained). This waiver shall apply regardless of the cause of the loss, destruction or damage, even if caused by the negligence of any party. Each party’s insurance policies shall be properly endorsed, if necessary, to prevent the invalidation of such policies by reason of such waiver.
Miscellaneous. This Agreement shall be construed in accordance with the internal laws of the State of Alabama, including all matters of construction, validity and performance, without regard to its principles of conflicts of laws. If any term, covenant or restriction established by this Agreement shall be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term, covenant and restriction shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF, Instructor has executed this Hold Harmless and Use Agreement effective as of the date first above written.
RELEASE OF LIABILITY