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PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK


1. Facility and Releasees

The American Sports Academy operates the sports and recreational facility located at 4940 Bayline Drive, North Fort Myers, Florida 33917 (the “Facility”). Crystal Clear Water Purification, Inc. owns and/or leases the premises to The American Sports Academy for operation of the Facility. For purposes of this Agreement, “Releasees” means The American Sports Academy, its owners, members, managers, officers, employees, coaches, trainers, assistants, agents, representatives and affiliates; David Cannestra; Crystal Clear Water Purification, Inc., solely in its capacity as owner and/or lessor of the premises; and the respective owners, officers, directors, employees, agents, representatives, insurers, successors and assigns of each.

The individual signing this Agreement is the “Participant.” If the Participant is a minor, the parent or legal guardian signing this Agreement is the “Parent/Guardian.” “Releasing Parties” means the Participant, Parent/Guardian where applicable, and their respective heirs, assigns, personal representatives and anyone claiming by or through them.

2. Activities Covered

“Activities” means all recreational activities, sports, training, rentals, games, use of turf areas, batting cages, pitching machines, equipment, facilities, and other activities offered or permitted by The American Sports Academy, whether supervised or unsupervised and whether occurring inside or outside the Facility.

3. Voluntary Participation and Assumption of Risk

I acknowledge that participation in Activities and use of the Facility and its equipment are voluntary and involve inherent and obvious risks that cannot be completely eliminated without changing the nature of the Activities. I knowingly and freely assume all such risks, whether known or unknown, to the fullest extent permitted by Florida law.

Risks may include serious physical or emotional injury, paralysis, permanent disability, death, and damage to personal property. Risks may arise from my own actions, the actions or inactions of other participants or spectators, the condition or use of equipment or premises, balls, bats, pitching machines, turf, obstacles, collisions, falls, slips, trips, improper use of equipment, or other circumstances associated with participation.

The Facility and its employees, coaches, trainers, and assistants may provide instruction, assistance, and general supervision; however, such personnel cannot continuously monitor every participant, Activity, batting cage, turf area, or piece of equipment at all times. Participants remain responsible for following Facility rules and using the Facility and equipment appropriately.


4. Specific Risks

·      Participants may be struck by baseballs, softballs, soccer balls, footballs, bats, pitching-machine equipment, or other equipment, whether actively participating or observing nearby.

·      Use of batting cages and pitching machines may result in high-speed impacts, ricochets, batted balls, thrown balls, swinging bats, mechanical malfunction, or unexpected movement.

·      Participants may slip, trip, fall, collide with another person or object, or sustain injuries while entering, exiting, moving through, or standing near an Activity area.

·      Multiple participants in or near an Activity area may create unpredictable movements or contact that can result in serious injury.

·      Physical exertion and sports participation may result in dehydration, heat-related illness, cardiac events, or other medical events.

·      Spectators, observers, parents, and individuals taking photographs or videos may also be exposed to risks associated with nearby Activities.

·      Equipment may malfunction or may be used improperly by participants or other persons, creating additional risks.

5. Mandatory Safety Rules

Safety is the responsibility of every participant. I agree to follow all posted, written, and verbal Facility rules and instructions.

·      I will use the Facility and equipment only for their intended purposes and within my own physical abilities, limitations, training, and acquired skills.

·      I will not participate in Activities while under the influence of alcohol, illegal drugs, or any substance that may impair my judgment or coordination.

·      I will wear and properly use all safety equipment required by the Facility.

·      BATTER HELMET REQUIREMENT: Any person who is hitting or attempting to hit a ball in a batting cage must wear an appropriate batting helmet at all times while in the cage, whether the ball is being pitched by another person, a pitching machine, or by any other means.

·      I will comply with all age, height, weight, capacity, equipment, and other restrictions established by the Facility, an equipment manufacturer, or applicable law.

·      I will wear appropriate attire and remove or secure items that could create a safety hazard, including hard, sharp, loose, or dangerous objects.

·      I will avoid unnecessary physical contact with other participants and will not intentionally engage in unsafe conduct.

·      I will immediately report unsafe conditions, damaged equipment, or unusual hazards to Facility staff.

·      I will follow all posted and stated warnings, signs, rules, and instructions.

·      As a Parent/Guardian, I will explain applicable safety rules to each minor child under my supervision and will take reasonable steps to ensure that the child follows them.

6. Medical Conditions and Medical Expenses

I have a duty to use the Facility only within my own physical abilities and limitations. I should not participate in Activities that I know or reasonably believe may be unsafe for me due to a medical condition, injury, physical limitation, or other circumstance that may affect my ability to participate safely.

I acknowledge and accept responsibility for my own medical conditions, limitations, or disabilities, whether known or unknown, that may contribute to or be aggravated by participation. If medical assistance is required as a result of an injury or medical event arising during participation, I understand that such medical assistance and expenses are my responsibility.


7. Release of Liability

To the fullest extent permitted by Florida law, the Releasing Parties hereby release, waive, relinquish, discharge from liability, and covenant not to sue the Releasees for claims, demands, rights, actions, suits, causes of action, obligations, debts, costs, losses, expenses, attorneys’ fees, damages, judgments, and liabilities of whatever kind or nature, whether known or unknown, arising out of or relating to access to or use of the Facility, premises, turf, batting cages, pitching machines, equipment, or participation in Activities at the Facility, including claims relating to personal injury, illness, property damage, disability, or death.

This release is intended to apply to the fullest extent permitted by Florida law, including claims arising from the ordinary risks inherent in the Activities and, where legally enforceable, claims alleging negligence by a Releasee.


8. Indemnification

To the fullest extent permitted by law, I agree to defend, indemnify, and hold harmless the Releasees from claims, losses, damages, liabilities, costs, and reasonable attorneys’ fees arising from my actions or omissions, or those of a minor child or person under my supervision, in connection with use of the Facility or participation in Activities, except to the extent prohibited by applicable law.

9. Facility and Property Damage

Participants and Reservation Holders are responsible for using the Facility, turf, equipment, fixtures, furnishings, and other property in a reasonable and appropriate manner.

The person making a reservation (“Reservation Holder”) agrees to be financially responsible for damage to the Facility, turf, equipment, fixtures, furnishings, or other property caused by the Reservation Holder, any participant in the reservation, or any guest or person admitted under the reservation, except for ordinary wear and tear.

Damage includes, but is not limited to, damage caused by gum, food, beverages, adhesives, unauthorized substances, cleats or footwear used in violation of Facility rules, intentional or negligent misuse, or any other act or omission that causes damage requiring cleaning, repair, replacement, or restoration.

The Reservation Holder authorizes The American Sports Academy to charge the Reservation Holder for the reasonable cost of cleaning, repairing, replacing, or restoring damaged property resulting from the reservation party’s actions or omissions, to the extent permitted by law.


10. Reservation Holder Responsibility

The Reservation Holder is responsible for ensuring that all participants and guests attending under the reservation comply with the Facility’s rules and policies. The Reservation Holder accepts responsibility for the conduct of all persons attending under the reservation and for communicating applicable safety requirements to members of the reservation party.

11. Minor Participant Notice

NOTICE TO THE MINOR CHILD'S PARENT OR NATURAL GUARDIAN: READ THIS FORM COMPLETELY AND CAREFULLY.

READ THIS FORM COMPLETELY AND CAREFULLY. You are agreeing to let your minor child engage in a potentially dangerous activity. You are agreeing that, even if Releasees use reasonable care in providing this activity, there is a chance your child may be seriously injured or killed by participating in this activity because there are certain dangers inherent in the activity which can not be avoided or eliminated. By signing this form, you are giving up your child’s right and your right to recover from Releasees in a lawsuit for any personal injury, including death, to your child or any property damage that results from the risks that are a natural part of the activity. You have the right to refuse to sign this form, and Releasees have the right to refuse to let your child participate if you do not sign this form.

12. Arbitration of Disputes; Time Limit to Bring Claim

I understand that by agreeing to arbitrate any dispute as set forth in this section, I am waiving my right, and the right(s) of the minor child(ren) above, to maintain a lawsuit against the Releasees of this agreement for any and all claims covered by this Agreement. By agreeing to arbitrate, I understand that I will NOT have the right to have my claim determined by a jury, and the minor child(ren) above will NOT have the right to have claim(s) determined by a jury. Reciprocally, Releasees waive their right to maintain a lawsuit against me and the minor child(ren) above for any and all claims covered by this Agreement, and they will not have the right to have their claim(s) determined by a jury. ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO MY OR THE CHILD’S ACCESS TO AND/OR USE OF THE “FACILITY” AND IT’S EQUIPMENT, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE BROUGHT WITHIN ONE YEAR OF ITS ACCRUAL (i.e., the date of the alleged injury) AND BE DETERMINED BY ARBITRATION IN THE COUNTY LEE, FLORIDA, BEFORE ONE ARBITRATOR. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS RULE 16.1 EXPEDITED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Florida, without regard to choice of law principles. Notwithstanding the provision with respect to the applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Sec. 1-16). I understand and acknowledge that the JAMS Arbitration Rules to which I agree are available online for my review at jamsadr.com, and include JAMS Comprehensive Arbitration Rules & Procedures; Rule 16.1 Expedited Procedures; and, Policy On Consumer Minimum Standards Of Procedural Fairness.

13. Photo, Video and Media Release

I understand that The American Sports Academy may photograph or record activities occurring at the Facility. I grant The American Sports Academy permission to use photographs or video recordings in which I or my minor child may appear for legitimate business, promotional, advertising, website, social media, or marketing purposes, without compensation.14. Term

This Agreement applies to each visit, reservation, rental, or participation by me or my minor child(ren) at The American Sports Academy Facility until revoked or replaced by a subsequent written agreement or waiver.

15. Parent/Guardian Acknowledgment

If I am signing on behalf of a minor, I represent that I am the parent or legal guardian of the minor and have authority to enter this Agreement on the minor’s behalf. I have read and explained the applicable safety rules and risks to the minor and agree to be bound by the terms of this Agreement to the fullest extent permitted by law.

16. Acknowledgment and Signature

IN SUMMARY, BY MY SIGNATURE BELOW, I ACKNOWLEDGE THAT IF I OR ANY OF MY CHILDREN ARE INJURED IN ANY WAY, THIS WAIVER PREVENTS AND PROHIBITS ANY RECOVERY OF MONEY FROM ANY CRYSTAL CLEAR WATER / DAVE CANNESTRA AND ANY BUSINESS IN THE BUILDING 4940 BAYLINE DRIVE. ENTITY.

 

September 20, 2026

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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.
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 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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