RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT In consideration for permitting my or my minor child’s (if parent or guardian) use of the facilities and participation in any classes, training programs, and other services (the “Activities”) offered by HUB 44, LLC; and in further consideration for permitting myself, the undersigned, access to the same facilities for observation and related purposes; I, the undersigned, on behalf of myself and my minor child listed below, and any/all of our personal representatives, executors, administrators, heirs, next of kin, successors and assigns (hereinafter collectively referred to as the “Undersigned”), do hereby acknowledge, agree, and represent as follows: I acknowledge and represent that I understand the nature of the Activities and that I am, and my child is qualified, in good health, and in proper physical condition to participate. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue participation. I am aware that all sports training, and athletics of any kind, included but not limited to Baseball and Softball, can often be vigorous activities and involve high risks of injury to participants. I am further fully aware of the ongoing coronavirus (COVID-19) pandemic, and I am familiar with the Centers for Disease Control and Prevention (CDC) guidelines regarding COVID-19. I understand that COVID-19 is or can be an extremely contagious, and I understand the hazards of contracting COVID-19, which may result in personal injury, illness, permanent disability, and death. I acknowledge that participating in the Activities or simply being on the HUB 44, LLC, premises greatly increases the risk of becoming exposed to and infected by COVID-19. Notwithstanding the serious risks associated with COVID-19, I voluntarily choose to participate and/or allow my child to participate in the Activities at HUB 44, LLC. I also agree and acknowledge that there may be some inherent risks involved with the use of athletic facilities, services, and programs such as those offered by HUB 44, LLC, and that participation in the Activities could involve many risks, including without limitation, risk of physical illness or injury and even death. I understand that such risks may come from any number of sources, including the actions or inactions of oneself, those of the other participants, the surrounding conditions, or a staff member, or coach. Therefore, I, the Undersigned, acknowledge, understand, and assume full responsibility for the risks of property damage, illness, injury, and death and I further acknowledge, understand, and assume full responsibility for the many other risks inherent with the Activities, such as bodily injury and other risks and social economic losses either unknown to me or not readily foreseeable, and assume full responsibility for all such risks and responsibility for any losses, costs or damages I incur as a result of my and/or my child’s participation in the Activities. I, the Undersigned, acknowledge and agree that I am either insured or have valid insurance or other form of health care coverage or self-insure with coverage adequate to cover myself and my minor child if same may have cause or need for same due to property damage, illness, injury or injury to others. Photo Release and Permission to Use Name: I hereby grant HUB 44, LLC. Its affiliates and partners permission to publish my name and use my likeness, or the likeness of my minor child, in a photograph, video, or other digital reproduction taken while participating in the Hub 44, LLC. Facility and related events and activities (herein referred to as “likeness”) in any and all of its publications, including website entries, without payment or any other consideration. I understand that these materials will become the property of HUB 44, LLC and I hereby irrevocably authorize HUB 44 LLC. to edit, alter, copy, exhibit, publish or distribute my likeness for purposes of publicizing its programs or for any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my likeness. I hereby hold harmless and release and forever discharge HUB 44, LLC its affiliates, partners or members from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. I, the Undersigned, on behalf of myself and my child, and any/all of our personal representatives, executors, administrators, heirs, next of kin, successors and assigns, do HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT to indemnify and hold harmless HUB 44, LLC, its affiliates, subsidiaries, owners, directors, officers, agents, employees, successors, assigns and staff (the “Releasees”) from any and all claims, liabilities, demands and causes of action of any kind whatsoever for any damage, injury, illness, disability, loss, or death related to (a) COVID-19 or (b) other risks described above, that I and/or my child may otherwise have or claim in connection with attendance at HUB 44, LLC whether arising from negligence of the Releasees or otherwise. I, the Undersigned, on behalf of myself and my child, and any/all of our personal representatives, executors, administrators, heirs, next of kin, successors and assigns, do HEREBY AGREE TO INDEMNIFY, HOLD HARMLESS, AND REIMBURSE the Releasees and each Releasee from any expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney’s fees) that they may incur arising out of or related to my and/or my child’s use of or presence at the HUB 44, LLC,. I understand that this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT (the “Agreement”) is governed by the laws of the state of New York. I acknowledge and expressly agree that this Agreement is intended to be construed as broadly as permitted under New York State law, and that if any part or provision of this Agreement is deemed by any court to be invalid, void, or unenforceable for any reason, the remainder of the terms and provisions of this Agreement shall remain in full force and effect. I HAVE CAREFULLY READ THIS AGREEMENT; I FULLY UNDERSTAND ITS TERMS. I HAVE SIGNED IT VOLUNTARILY, AND THERE HAVE BEEN NO ORAL REPRESENTATIONS, STATEMENTS, OR INDUCEMENTS APART FROM THIS WRITTEN AGREEMENT. I UNDERSTAND THAT I AM SIGNING THIS AGREEMENT BOTH ON MY OWN BEHALF AND ALSO ON BEHALF OF MY MINOR CHILD FOR WHOM I, AS THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, HAVE FULL AUTHORITY TO SIGN. I ALSO UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO THE RIGHT TO RECOVER DAMAGES FROM HUB 44, LLC. November 21, 2024 |