I, the undersigned, (“Individual”) hereby acknowledge and agree that my participation in and/or around training, coaching, and other athletic related activities (“training”) in and/or with Saucedo Baseball Academy, LLC (“SBA”), along with people or organizations affiliated with SBA including but not limited to SBA Lions, involves inherent risks and dangers that may result in personal injury, property damage, or even death. I have read and fully understand the risks involved in the sports activities and I voluntarily assume all risks associated with my participation. 1. Individual’s Medical Responsibilities: I understand that the SBA personnel, along with people or organizations affiliated with SBA, are not a medical professionals and are without expertise to diagnose medical conditions or impairments. I agree to disclose to SBA any injury, condition, or impairment promptly and fully which may have a deleterious effect on or be impacted by the training. SBA’s decision to discontinue training because of any condition which presents an adverse risk or threat to the health or safety of myself, or others shall be conclusive. I certify that: (a) I am physically capable of participating in and/or around training and am capable of using the equipment associated with such training; and (b) that I have either: (i) had a physical examination and have been given a physician’s permission to participate in training OR (ii) decided to participate in/or around training without the approval of a physician. 2. Acknowledgement of Risks: I acknowledge that the training involves physical activity and that I, along with other third parties, may be exposed to various risks and hazards associated with the training, including but not limited to, physical injury, illness, or death. I understand that these risks cannot be eliminated or reduced to zero. 3. Assumption of Risks: I agree to assume all risks and hazards associated with the training, whether known or unknown, and assume full responsibility for my participation in the training. This includes any risks that were to happen to any third party including but not limited to myself. In addition to signing this waiver, if I am a parent and/or guardian of a minor participating in training, I understand that I will also be required to sign an additional waiver for any minor along with any other parent and/or guardian who will be involved with minor’s participation. 4. Waiver/Release of Liability and Indemnification: I agree to take all necessary precautions to prevent injury to any persons or damage to property during the training. I acknowledge and voluntarily assume all risks, both known and unknown, associated with my participation in and around the training, including but not limited to the use of any equipment and facilities, and the presence or conduct of any third party. SBA, including its agents, employees, contractors, successors, and assigns (collectively, “SBA”), shall not be liable for any injury, damage, loss, or harm—whether direct, indirect, incidental, consequential, special, punitive, or otherwise— sustained by me or any third party, regardless of whether such injury or damage arises out of ordinary negligence, gross negligence, strict liability, or any other legal theory. I shall defend, indemnify, and hold harmless SBA from and against any and all claims, causes of action, liabilities, damages, losses, judgments, penalties, fines, administrative or regulatory actions, and expenses (including without limitation reasonable attorneys’ fees and legal costs), whether actual or alleged, threatened or brought, known or unknown, incurred or suffered by SBA or asserted against SBA by any party, including any governmental agency, arising out of or relating to: (a) My use of or presence in or around the training facility; (b) Any activity, conduct, or omission by me or any third party during the course of training; (c) Any breach of this agreement or any obligation to be performed by me or SBA; (d) Any actual or alleged negligence, gross negligence, strict liability, or willful misconduct of SBA or any party indemnified herein; and/or (e) Any claim by a third party arising out of or connected to my participation in the training. This indemnity applies regardless of whether SBA is claimed to be passively, concurrently, or solely negligent. In the event that any claim, action, or proceeding is brought against SBA, I shall, upon demand, provide a defense at my sole expense by counsel satisfactory to SBA. SBA shall also have the right to assume its own defense and to participate in such defense with counsel of its choosing at my expense. The obligations under this indemnity shall survive the completion, expiration, or termination of my participation in the training and shall extend to any continuing or subsequent claims related thereto. In no event shall the aggregate liability of SBA exceed the amount paid by me to SBA for its services. I waive all rights of recovery and all claims against SBA in excess of that amount. I acknowledge and agree that the foregoing provisions are a material inducement for SBA’s willingness to provide training services and access to its facilities. 5. Medical Treatment: In the event that I require medical treatment as a result of any injury or illness sustained during the training, I authorize SBA, along with people or organizations affiliated with SBA, to seek and obtain medical treatment for me listed above and agree to be financially responsible for any medical treatment or expenses incurred. 6. Governing Law: This waiver and release shall be governed by and construed in accordance with the laws of Ohio. 7. Disclaimer: Except as provided in this Waiver and Release, SBA disclaims all representations or warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, and noninfringement. 8. Media: I understand that I agree to be photographed or filmed while participating in training with SBA, along with people or organizations affiliated with SBA. I understand that these photographs and videos may be published to the public through social media, websites, and other forms for educational, promotional, or marketing purposes. 9. Email: I agree to receive emails at the email address provided below from SBA, along with people or organizations affiliated with SBA. I understand that I may “Opt-Out” of email correspondence at any time by given written notice of my “Opt-Out” to SBA. 10. Phone: I agree to be contacted by SBA, along with people or organizations affiliated with SBA at the phone number provided below. 11. Credit Card Authorization: I agree to sign a credit card authorization form that will allow SBA to charge my credit card for any outstanding fees or charges that I may owe. 12. Acknowledgment of Understanding: I have read this waiver and release, and I fully understand its terms and conditions. I acknowledge that I am signing this waiver and release voluntarily, and that no oral representations, statements, or inducements have been made to me that alter or modify the terms of this waiver and release. By signing below, I agree to the terms and conditions of this waiver and release. Date: October 20, 2026 |