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WAIVER OF LIABILITY

WAIVER OF LIABILITY

In consideration of being permitted to use today, and on all future dates, the facilities, gym, weight room, exercise room, training services, and equipment of any kind or nature provided by Home Plate of Blythewood, L.L.C. and its landlord, S. Dinkins Development LLC (collectively “HOME PLATE”), I, for myself, my heirs, personal representatives or assigns, minors of whom I am the parent or guardian or have responsibility for, and guests accompanying me, whether or not they make use of the facilities, training service, or equipment (collectively the “PARTICIPANT”), DO HEREBY COVENANT NOT TO SUE HOME PLATE, AND, FURTHER DO HEREBY RELEASE, WAIVE, DISCHARGE FROM ALL LIABILITY HOME PLATE FROM AND FOR ANY AND ALL CLAIMS, INCLUDING CLAIMS RELATED TO ALLEGED NEGLIGENCE OR BREACHES OF CONTRACT OR WARRANTIES BY HOME PLATE, resulting in personal injury, accidents, illnesses (including death), or property damage or monetary loss, whether to me, any PARTICIPANT, or any third party, arising from my or any PARTICIPANT's participation in, or observation of, the use of baseball, softball and or other facilities, training services or equipment provided by HOME PLATE.

I UNDERSTAND THAT BY SIGNING THIS WAIVER OF LIABILITY, THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I acknowledge that I am signing this waiver of liability, freely and voluntarily, and that I INTEND BY MY SIGNATURE, FOR THIS TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY to the greatest extent allowed by law.

ADDDITIONAL HELMET WAIVER OF LIABILITY
I understand that for my safety HOME PLATE may require me to wear a helmet when using the facilities, training services and equipment. In consideration of HOME PLATE waiving the requirement to wear a helmet when I use the areas of the facilities where helmet may not be required such as slow pitch softball batting or pitching cages (whether being pitched by machine or person) I agree to the following:

I represent that I am an adult over the age of 18 and am of sound mind and body and capable of making this waiver, indemnity and release.

In consideration of being permitted to use today, and on all future dates, the facilities, training services, and equipment provided by HOME PLATE, I, for myself, my heirs, personal representatives or assigns, ASSUME THE RISK OF NOT WEARING A HELMET, AND DO HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE HOME PLATE, from liability FROM ANY AND ALL CLAIMS, INCLUDING CLAIMS RELATED TO ALLEGED NEGLIGENCE OR BREACHES OF CONTRACT OR WARRANTIES BY HOME PLATE, resulting in personal injury, accidents, illnesses (including death), or property damage or monetary loss, arising from my not using a helmet in my participation in the use of the facilities, training services or equipment provided by HOME PLATE.

I agree to INDEMNIFY AND HOLD HOME PLATE HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney's fees, brought as a result of my use of HOME PLATE provided facilities, training services or equipment without a helmet.

ADDITIONAL PROVISIONS ASSUMPTION OF RISK

I understand that baseball, softball, weight lifting, exercise, and training are physical activities that, by their very nature carry certain INHERENT RISKS OF INJURY THAT CANNOT BE ELIMINATED regardless of the care taken to avoid injuries. The use of HOME PLATE's facilities, training services, weight room, exercise room, and equipment of any kind or nature involves close encounters with solid, fast moving objects and projectiles, such bats and hard balls. Also baseball and softball activities involve strenuous exertions of physical strength, use of various and multiple muscle groups, quick movement involving speed and change of direction, and sustained physical activity placing stress on joints and the cardiovascular system. The use of HOME PLATE's facilities, training services, and equipment during these activities does not guarantee my safety.

Even with the use of protective equipment, injuries relating to this type of activity may still occur as a result of factors outside of HOME PLATE's control. For example, the use of equipment not provided by HOME PLATE, the level of alertness, physical condition or athletic skill, are some of the factors that may contribute to the potential for a participant's injury.

The specific risks of injury that may occur engaging in baseball and softball activities vary greatly, but a non-exhaustive list of examples of potential injuries include and are not limited to: 1) minor injuries such as scratches, bruises, and sprains; 2) serious injuries such as broken bones, broken teeth, concussion, eye injuries or loss of eyesight, joint injuries, back injuries or heart attacks; and 3) catastrophic injuries, including paralysis and death.

I also understand that while cleaning procedures may reduce their presence, natural pathogens including but not limited to bacteria, viruses (such as Covid-19), mold and mildew of all sort may be present at HOME PLATE or at other locations where HOME PLATE activities, events and programs may take place, that I may be exposed to same while at HOME PLATE or participating in HOME PLATE related activities and that those natural pathogens may cause me illness or other bodily injury.

I understand and agree that HOME PLATE provides its baseball and softball facilities and equipment in an AS IS CONDITION, WITHOUT WARRANTY OR GUARANTEE that a specific facility or piece of equipment will eliminate a participant's risk for injury, or that a specific facility or piece of equipment has been inspected or tested by HOME PLATE prior to each individual participant's use. I understand that HOME PLATE DOES NOT INSPECT OR TEST EACH PIECE OF EQUIPMENT (OR PROTECTIVE CAGING) PRIOR TO EACH PARTICIPANT'S USE.

I HAVE READ THE PREVIOUS PARAGRAPHS AND I KNOW, UNDERSTAND, APPRECIATE THESE AND OTHER RISKS THAT ARE INHERENT in the use of facilities, training services and equipment provided by HOME PLATE. I hereby ASSERT THAT MY PARTICIPATION IN THE USE OF HOME PLATE PROVIDED FACILITIES, TRAINING SERVICES AND EQUIPMENT IS VOLUNTARY, AND THAT I KNOWINGLY ASSUME ALL SUCH RISKS.

INDEMNIFICATION AND HOLD HARMLESS

I agree to INDEMNIFY AND HOLD HOME PLATE HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney's fees, brought by minors of whom I am the parent or guardian or have responsibility for and guests accompanying me, or any third party, as a result of my actions or the actions of minors of whom I am the parent or guardian or have responsibility for and guests accompanying me, including their use of HOME PLATE provided facilities, training services, weight room, exercise room, or equipment of any kind or nature.

As part of this indemnification agreement, I acknowledge and agree that I am responsible for conduct and behavior of all minors and guests that accompany me regardless of whether or not they use the facilities, training services, or equipment.

I agree to reimburse HOME PLATE for all costs, expenses or fees or damages incurred by HOME PLATE, including damages to the facility and equipment, arising out of my conduct or the conduct of any minors and guests that accompany me.

PERMISSION FOR USE OF IMAGE, NAME AND STATEMENTS

I understand that HOME PLATE, as part of its baseball and softball training services and that in the general operation of its business, may obtain photographs, video or other recordings of participants using the facilities, training services and equipment of HOME PLATE, regardless of the participant's age or level of skill. I hereby grant to HOME PLATE permission to use or reproduce my name, image, likeness, photographic image, videographic image, or any oral or written recorded statement of mine related to my use of HOME PLATE's facilities, training service or equipment in any HOME PLATE training materials, broadcast, advertisement, brochures, web-pages, or web-based publications associated with HOME PLATE.

I understand that HOME PLATE will rely on this permission and release in producing, broadcasting, posting, and distributing materials containing my name, likeness, photographic image, videographic image, or any oral or written recorded statement of mine relating to my use of HOME PLATE facilities, training services, or equipment. I also acknowledge and understand that I will receive no money, royalties, or remuneration of any kind from HOME PLATE related to this permission and release, or from the materials covered by this permission and release.

SAFETY

HOME PLATE has posted throughout the facility safety signs, posters and instructions. I agree to comply with all of HOME PLATE's safety rules, procedures, and requirements, including but not limited to wearing protective gear. I understand that failure to comply may result in HOME PLATE's terminating my use of the facilities, training services, and equipment and requiring me to leave the premises, at HOME PLATE's sole and absolute discretion.

SEVERABILITY

The undersigned further expressly agrees that the foregoing waiver of liability, assumption of risks, indemnity agreement, and permission for the use of image, name and statements is intended to be as broad and inclusive as is permitted by the laws of the that State of South Carolina and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

FURTHER ACKNOWLEDGMENT OF UNDERSTANDING

I have read this waiver of liability, assumption of risk, indemnity agreement and permission for use of image, name, and statements. I fully understand its terms. I UNDERSTAND THAT BY SIGNING THIS WAIVER OF LIABILITY, ASSUMPTION OF RISK, INDEMNITY AGREEMENT AND PERMISSION FOR USE OF IMAGE, NAME AND STATEMENTS, THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE. I acknowledge that I am signing this waiver of liability, assumption of risk, indemnity agreement and permission for use of image, name, and statements freely and voluntarily, and that I INTEND BY MY SIGNATURE, FOR THIS TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY to the greatest extent allowed by law.

April 24, 2025

 

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

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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.


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 Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
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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