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HOLD HARMLESS AND USE AGREEMENT

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”). 

Recitals:

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.

INSTRUCTOR:         

 

 

                                                           

 

Exhibit A

 

RELEASE OF LIABILITY

 

[See attached]

 

First Instructor's Name

First Name*

Middle Name

Last Name*

Phone*
First Instructor's Date of Birth*
First Instructor's Information
MEDIA RELEASE: I hereby authorize THE YARD HUNTSVILLE, LLC, to take and publish photographs of the participant during any activities associated with or organized by THE YARD HUNTSVILLE, LLC, for use in THE YARD HUNTSVILLE, LLC's print, online, social media and video-based marketing materials, and publications. Each of the undersigned agrees to release and hold harmless THE YARD HUNTSVILLE, LLC, from any reasonable expectation of privacy or confidentiality associated with the images specified above. All undersigned acknowledge that every individual's participation is voluntary and that there is no financial compensation of any type associated with the taking or publication of photographs, company marketing materials, or any other publication.*
First Instructor's Signature*
Second Instructor's Name

First Name*

Middle Name

Last Name*

Phone*
Second Instructor's Date of Birth*
Second Instructor's Information
MEDIA RELEASE: I hereby authorize THE YARD HUNTSVILLE, LLC, to take and publish photographs of the participant during any activities associated with or organized by THE YARD HUNTSVILLE, LLC, for use in THE YARD HUNTSVILLE, LLC's print, online, social media and video-based marketing materials, and publications. Each of the undersigned agrees to release and hold harmless THE YARD HUNTSVILLE, LLC, from any reasonable expectation of privacy or confidentiality associated with the images specified above. All undersigned acknowledge that every individual's participation is voluntary and that there is no financial compensation of any type associated with the taking or publication of photographs, company marketing materials, or any other publication.*
Third Instructor's Name

First Name*

Middle Name

Last Name*

Phone*
Third Instructor's Date of Birth*
Third Instructor's Information
MEDIA RELEASE: I hereby authorize THE YARD HUNTSVILLE, LLC, to take and publish photographs of the participant during any activities associated with or organized by THE YARD HUNTSVILLE, LLC, for use in THE YARD HUNTSVILLE, LLC's print, online, social media and video-based marketing materials, and publications. Each of the undersigned agrees to release and hold harmless THE YARD HUNTSVILLE, LLC, from any reasonable expectation of privacy or confidentiality associated with the images specified above. All undersigned acknowledge that every individual's participation is voluntary and that there is no financial compensation of any type associated with the taking or publication of photographs, company marketing materials, or any other publication.*
Fourth Instructor's Name

First Name*

Middle Name

Last Name*

Phone*
Fourth Instructor's Date of Birth*
Fourth Instructor's Information
MEDIA RELEASE: I hereby authorize THE YARD HUNTSVILLE, LLC, to take and publish photographs of the participant during any activities associated with or organized by THE YARD HUNTSVILLE, LLC, for use in THE YARD HUNTSVILLE, LLC's print, online, social media and video-based marketing materials, and publications. Each of the undersigned agrees to release and hold harmless THE YARD HUNTSVILLE, LLC, from any reasonable expectation of privacy or confidentiality associated with the images specified above. All undersigned acknowledge that every individual's participation is voluntary and that there is no financial compensation of any type associated with the taking or publication of photographs, company marketing materials, or any other publication.*
Fifth Instructor's Name

First Name*

Middle Name

Last Name*

Phone*
Fifth Instructor's Date of Birth*
Fifth Instructor's Information
MEDIA RELEASE: I hereby authorize THE YARD HUNTSVILLE, LLC, to take and publish photographs of the participant during any activities associated with or organized by THE YARD HUNTSVILLE, LLC, for use in THE YARD HUNTSVILLE, LLC's print, online, social media and video-based marketing materials, and publications. Each of the undersigned agrees to release and hold harmless THE YARD HUNTSVILLE, LLC, from any reasonable expectation of privacy or confidentiality associated with the images specified above. All undersigned acknowledge that every individual's participation is voluntary and that there is no financial compensation of any type associated with the taking or publication of photographs, company marketing materials, or any other publication.*
Sixth Instructor's Name

First Name*

Middle Name

Last Name*

Phone*
Sixth Instructor's Date of Birth*
Sixth Instructor's Information
MEDIA RELEASE: I hereby authorize THE YARD HUNTSVILLE, LLC, to take and publish photographs of the participant during any activities associated with or organized by THE YARD HUNTSVILLE, LLC, for use in THE YARD HUNTSVILLE, LLC's print, online, social media and video-based marketing materials, and publications. Each of the undersigned agrees to release and hold harmless THE YARD HUNTSVILLE, LLC, from any reasonable expectation of privacy or confidentiality associated with the images specified above. All undersigned acknowledge that every individual's participation is voluntary and that there is no financial compensation of any type associated with the taking or publication of photographs, company marketing materials, or any other publication.*
Seventh Instructor's Name

First Name*

Middle Name

Last Name*

Phone*
Seventh Instructor's Date of Birth*
Seventh Instructor's Information
MEDIA RELEASE: I hereby authorize THE YARD HUNTSVILLE, LLC, to take and publish photographs of the participant during any activities associated with or organized by THE YARD HUNTSVILLE, LLC, for use in THE YARD HUNTSVILLE, LLC's print, online, social media and video-based marketing materials, and publications. Each of the undersigned agrees to release and hold harmless THE YARD HUNTSVILLE, LLC, from any reasonable expectation of privacy or confidentiality associated with the images specified above. All undersigned acknowledge that every individual's participation is voluntary and that there is no financial compensation of any type associated with the taking or publication of photographs, company marketing materials, or any other publication.*
Eighth Instructor's Name

First Name*

Middle Name

Last Name*

Phone*
Eighth Instructor's Date of Birth*
Eighth Instructor's Information
MEDIA RELEASE: I hereby authorize THE YARD HUNTSVILLE, LLC, to take and publish photographs of the participant during any activities associated with or organized by THE YARD HUNTSVILLE, LLC, for use in THE YARD HUNTSVILLE, LLC's print, online, social media and video-based marketing materials, and publications. Each of the undersigned agrees to release and hold harmless THE YARD HUNTSVILLE, LLC, from any reasonable expectation of privacy or confidentiality associated with the images specified above. All undersigned acknowledge that every individual's participation is voluntary and that there is no financial compensation of any type associated with the taking or publication of photographs, company marketing materials, or any other publication.*
Ninth Instructor's Name

First Name*

Middle Name

Last Name*

Phone*
Ninth Instructor's Date of Birth*
Ninth Instructor's Information
MEDIA RELEASE: I hereby authorize THE YARD HUNTSVILLE, LLC, to take and publish photographs of the participant during any activities associated with or organized by THE YARD HUNTSVILLE, LLC, for use in THE YARD HUNTSVILLE, LLC's print, online, social media and video-based marketing materials, and publications. Each of the undersigned agrees to release and hold harmless THE YARD HUNTSVILLE, LLC, from any reasonable expectation of privacy or confidentiality associated with the images specified above. All undersigned acknowledge that every individual's participation is voluntary and that there is no financial compensation of any type associated with the taking or publication of photographs, company marketing materials, or any other publication.*
Tenth Instructor's Name

First Name*

Middle Name

Last Name*

Phone*
Tenth Instructor's Date of Birth*
Tenth Instructor's Information
MEDIA RELEASE: I hereby authorize THE YARD HUNTSVILLE, LLC, to take and publish photographs of the participant during any activities associated with or organized by THE YARD HUNTSVILLE, LLC, for use in THE YARD HUNTSVILLE, LLC's print, online, social media and video-based marketing materials, and publications. Each of the undersigned agrees to release and hold harmless THE YARD HUNTSVILLE, LLC, from any reasonable expectation of privacy or confidentiality associated with the images specified above. All undersigned acknowledge that every individual's participation is voluntary and that there is no financial compensation of any type associated with the taking or publication of photographs, company marketing materials, or any other publication.*
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*
Insurance

Insurance Carrier*

Insurance Policy 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*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information
MEDIA RELEASE: I hereby authorize THE YARD HUNTSVILLE, LLC, to take and publish photographs of the participant during any activities associated with or organized by THE YARD HUNTSVILLE, LLC, for use in THE YARD HUNTSVILLE, LLC's print, online, social media and video-based marketing materials, and publications. Each of the undersigned agrees to release and hold harmless THE YARD HUNTSVILLE, LLC, from any reasonable expectation of privacy or confidentiality associated with the images specified above. All undersigned acknowledge that every individual's participation is voluntary and that there is no financial compensation of any type associated with the taking or publication of photographs, company marketing materials, or any other publication.*
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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