A. Owner owns and operates that certain indoor sports facility known as The Yard.
B. Coach desires to lease certain facilities, premises or amenities owned or operated by Owner (collectively, the “Facilities”), to be used by the Team (as hereinafter defined), and/or to cause the Team to participate in certain activities organized, facilitated, associated with, and/or located in the yard, including but not limited to the Team’s practices (collectively, the “Activities”). As used herein, the “Team” shall mean and include Coach, any assistant coach, and each player on that certain sports team known as ______________________________.
C. As a condition to leasing a portion of the Facilities and the Team participating in the Activities, Owner requires Coach 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:
1. Recitals. The foregoing recitals are hereby incorporated into this Agreement as if fully set forth herein.
2. Release of Liability. Prior to leasing a portion of the Facilities or the Team participating in the Activities, Coach 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 member of the Team, or their respective parent or legal guardian. Coach 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 the Team’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. Coach 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.
3. Use of Facilities. The Team 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 any member of the Team violates any applicable law or any Rule, Owner may, at its option, revoke said member’s or the Team’s right to use the Facilities. In no event shall Coach cause or permit more than four (4) Team members to use the same batting or pitching lane, and Coach shall rent the number of lanes necessary to comply with the foregoing maximum occupancy requirement.
4. Insurance. Prior to leasing the Facilities or the Team participating in the Activities, Owner 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. Coach shall provide Owner a certificate of said insurance prior to leasing the Facilities or any member of the Team 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.
5. 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, Coach has executed this Hold Harmless and Use Agreement effective as of the date first above written.