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WAIVER OF LIABILITY AND ASSUMPTION OF RISK

In consideration of being allowed to use the facilities and batting cages operated by CLUTCH SPORTS LLC and participate in baseball activities thereon (the “Activity”), the undersigned participant (the “Participant”) and undersigned parent or guardian, if applicable, for themselves and for their personal representatives, assigns, heirs, and next of kin:

1. ACKNOWLEDGE, AGREE, AND REPRESENT that I understand the nature, care, and requirements of the Activity and that the Participant is qualified, in good health, and in property physical condition to participate in the Activity. I further agree and WARRANT that if at any time I believe conditions to be unsafe, the Participant will immediately discontinue further participation in the Activity.

2. ACKNOWLEDGE that the Activity may involve a test of a person’s physical and mental limits, and may carry the potential for death, serious injury, and/or property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, and actions of others.

3. UNDERSTAND AND APPRECIATE that the risks associated with participation in the Activity which may include, but not limited to, physical or physiological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, death and/or personal property damage. I understand that these risks are always present due to the nature of the Activity and may arise from my own or others’ negligence including the negligence of the Releasees named below, conditions related to the facility, location, equipment, or other participants.

4. ACKNOWLEDGE that the Participant is voluntarily participating in the Activity entirely at the Participant’s own risk and FULLY UNDERSTAND AND ASSUME all such risks identified above.

5. UNDERSTAND that there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time, and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of the Participant’s participation in the Activity.

6. I, for myself and on behalf of my heirs, executors, administrators, assigns, personal representatives and next of kin, HEREBY WAIVE ANY AND ALL RIGHTS, CLAIMS OR CAUSES OF ACTION AND DO HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Clutch Sports LLC, and their managers, members, agents, employees, vendors, attorneys, staff, volunteers, other participants, heirs, representatives, predecessors, successors and assigns (collectively, the “RELEASEES”), WITH RESPECT TO ANY AND ALL PHYSICAL INJURY, PSYCHOLOGICAL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY that the Participant or myself may suffer as a direct or indirect result of the Participant’s participation in the Activity to the fullest extent permitted by law, PROVIDED THAT THE INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY ARISES FROM THE NEGLIGENCE OF RELEASEES OR OTHERS (“Released Claims”). Notwithstanding, this Waiver of Liability and Assumption of Risk DOES NOT release the Releasees, or any other party, from liability arising out of INTENTIONAL OR RECKLESS conduct.

7. I FURTHER AGREE that if, despite this Waiver of Liability and Assumption of Risk, I or anyone on mine or the Participant’s behalf, makes a Released Claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, losses, liabilities, damages, or cost which may incur result of such Release Claim.

8. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN OR UNKNOWN TO ME, RELATED TO MY OR THE PARTICIPANT’S PARTICIPATION IN THE ACTIVITY THAT ARISE OUT OF THE NEGLIGENCE OF THE RELEASEES, MYSELF OR OTHERS, AND ASSUME FULL RESPONSIBILITY FOR SUCH PARTICIPATION IN THE ACTIVITY.

9. In the event that the Participant should require medical care or treatment resulting from or related to participating in the Activity, I shall be financially responsible for any costs incurred as a result of such treatment.

I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that the Activity might not be made available to the Participant if I were to choose not to sign this release, and agree that the opportunity to participate in return for the execution of this release is a reasonable bargain. I have read and understood this document, I am freely signing this Waiver of Liability and Assumption of Risk, and I agree to be bound by its terms. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

By signing this document, I agree that if the Participant sustains an injury or suffer damages during participation in the Activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the Released Parties on the basis of any claim for negligence.


PARTICIPANT SIGNATURE:

DATE: January 24, 2022

If above participant is less than 18 years of age, Parent or Guardian signature is required.

 

ACKNOWLEDGMENT

I HAVE READ THIS WAIVER OF LIABILITY AND ASSUMPTION OF RISK, AND FULLY UNDERSTAND THE TERMS CONTAINED THEREIN. I UNDERSTAND THAT BY SIGNING THIS WAIVER OF LIABILITY AND ASSUMPTION OF RISK THAT I HAVE GIVEN UP AND RELEASED SUSTATNTIAL RIGHTS. I SIGN THIS WAIVER OF LIABILITY AND ASSUMPTION OF RISK FREELY AND VOLUNTARILY, WITHOUT ANY INDUCEMENT OF ANY OTHER.

THE UNDERSIGNED HEREBY ACKNOWLEDGES THAT HE/SHE HAS HAD THE OPPORTUNITY TO REVIEW THIS WAIVER OF LIABILITY AND ASSUMPTION OF RISK, ALONG WITH THE OPPORTUNITY TO DISCUSS AND NEGOITIATE THE TERMS AND CONDITIONS OF THIS WAIVER OF LIABILITY AND ASSUMPTION OF RISK PRIOR TO SIGNING BELOW.

First Participant's Name

First Name*

Last Name*
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*

Confirm Email*
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*

Last Name*
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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