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WALK-OFF SPORTS FACILITY WAIVER 

Walk-Off Sports Facility Guest Waiver, Release of Liability, Indemnity, and Assumption of Risk Agreement 

WARNING: READ CAREFULLY. THIS CUSTOMER WAIVER, RELEASE OF LIABILITY, INDEMNITY, AND ASSUMPTION OF RISK AGREEMENT INCLUDES A RELEASE OF LIABILITY, A LIMITATION OF LIABILITY, AND WAIVER OF LEGAL RIGHTS. DO NOT EXECUTE THIS AGREEMENT UNLESS YOU HAVE CAREFULLY READ IT IN ITS ENTIRETY AND UNDERSTAND THE CONTENTS HEREIN. INHERENTLY RISKY SPORTS TRAINING ACTIVITIES MAY RESULT IN SCRAPES, BRUISES, SPRAINS, FRACTURES, BREAKS AND SERIOUS INJURY UP TO AND INCLUDING DEATH. UTILIZE WALK-OFF SPORTS FACILITY, LLC SERVICES AT YOUR OWN RISK. 

THIS CUSTOMER WAIVER, RELEASE OF LIABILITY, INDEMNITY, AND ASSUMPTION OF RISK AGREEMENT (“Agreement”) is made and entered into as of the date of execution of this Agreement by and between Walk-Off Sports Facility, LLC, an California limited liability company, of 515 Main Street, Brawley, CA 92227 (“Walk-Off”) and the participant, who is executing this Agreement personally, and on behalf of himself or herself and any and all minor children specified herein below (all participants and their guardians, including minor children/wards, are referred to collectively as “Participants”). 

THE PARTIES ACKNOWLEDGE AND AGREE THAT: Walk-Off operates a sports training facility located at 515 Main Street, Brawley, CA 92227, which includes the following activities: Multiple disciplines related to Baseball and Softball training (catching, fielding, pitching, hitting, etc.) as well as turf based sports disciplines including (but not limited) to football, flag football soccer, speed and agility training, and more. Participation in activities provided at the Walk-Off entails known and unknown risks that could result in physical or emotional injury, paralysis, death, or damage to persons and property. Such risks cannot be eliminated without jeopardizing the essential qualities of the activity. Walk-Off provides access to and allows for use of the sports facility to paying customers only and not as a service to the general public. Walk-off offers multiple training disciplines and activities which include known and unknown risks, and the Participants hereunder desire to participate in all such attractions and activities. The Participants hereunder acknowledge the risks inherent in participation in the attractions and activities at Walk-Off, and state that their consent is purely voluntary, and that utilizing the attractions and engaging in activities at Walk-Off is not essential or necessary. 

THE PARTIES EXPRESSLY AGREE TO THE FOLLOWING: 

1. VOLUNTARY PARTICIPATION. The Participants expressly acknowledge that their consent hereunder and while utilizing the attractions and engaging in activities at the sports facility are purely voluntary and not the product of any duress, coercion, or undue influence of any type, kind, or nature. The Participants understand and agree that use of the sports facility is not essential or necessary. The Participants expressly acknowledge that Walk-Off will not make the Sports Facility available and would not permit Participants to participate in the activities in the Sports Facility but for this Agreement and the associated releases, assumptions of risk, acknowledgments, and the other provisions included herein given the inherent risks and dangers in participating in the attractions and activities, and that the Participants voluntarily enter into this Agreement and are willing to take personal responsibility for any and all known and unknown injuries to Participant, damage to property and injuries that may result from Participants voluntary participation. 

2. ASSUMPTION OF RISK. The Participants represent that they know and fully understand that utilization of the attractions and participation in activities at the Sports Facility involve inherent risks and dangers, both expected and unexpected, known, and unknown, that may result in serious bodily injury of various type, kind, and nature, up to and including paralysis and death, as well as property damage. These risks include, without limitation, exposure of the Participants to the risk of cuts and bruises, sprained joints, broken bones, torn ligaments and cartilage, concussions, and dislocations. Further, by signing below, Participants represent that they understand that the known and unknown risks may be caused in whole or in part by the actions or inaction of themselves, or by the actions or inactions of others participating in activities, or the acts, inaction, or any type of negligence of Walk-Off or any associated parties. For the safety of all participants in this facility, some common restrictions are in place. Participants represent that they understand the safety restrictions include but are not limited to the following: 

·       Signed waiver required for both adults and minors.

·      No food or drinks, especially shelled products (sunflower seeds and peanuts), shelled products are harmful to our turf. 

·      Disorderly conduct, or assault, will not be tolerated. Such actions include, but are not limited to, abusive, indecent, profane, or vulgar language that might cause a breach of peace: or threatening or causing physical contact with someone else who might consider the contact offensive. 

·      Personal ice chests are not permitted inside the facility. 

·      All accidents, breakage, or loss of Walk Off Sports Facility, LLC property must be reported to management immediately. 

·      All maintenance issues should be reported to the Walk Off Sports Facility, LLC management. 

·      Absolutely no metal spikes permitted inside the facility. Tennis shoes and turf shoes only. 

·      Cage rental groups or individuals must provide a representative over the age of 18 on site throughout the duration of the rental.

·      Walk Off Sports Facility, LLC is not responsible for damage or loss incurred at any time.

·      No pets.

·      Walk Off Sports Facility, LLC reserves the right to reserves the right to refuse service to anyone.

Similar risks are also inherent in falling off equipment, colliding with fixed objects or other people. Further, Participants agree to BE AWARE of others, of their own and others’ physical limitations, and of age restrictions applicable to activities at the Sports Facility. The Participants knowingly, voluntarily, and consciously accept and assume responsibility for each and every risk and danger that could arise out of, or occur during, use of the Sports Facility. In consideration of being allowed to enter onto and into the premises for observation or use of any facilities or equipment or participation in activities, the Participants expressly agree that any liability of Walk-Off, or any of its affiliated organizations, officers, employees, directors, board members, volunteers, contractors, or agents, in connection with the activities described herein and engaged in by the Participants, resulting from any negligence, strict liability, errors, or other acts and/or omissions of Walk-Off, or any of its affiliated organizations, officers, employees, directors, board members, volunteers, contractors, or agents, is limited to the entry or admission fees actually paid by Participant. 

3. WAIVER AND RELEASE OF LIABILITY. The Participants acknowledge as good and valuable consideration the right to utilize the attractions and participate in activities at the Sports Facility. In consideration for the Participants’ receipt of such good and valuable consideration, and Use of Facility, all Participants, on behalf of themselves, and their parents, spouses, children/wards, heirs, assigns, representatives, estates, successors, attorneys, insurers, and all other persons, firms, partnerships or corporations connected therewith fully and forever release and discharge Walk-Off, its personal representatives, successors, assigns, officers, directors, managers, shareholders, members, agents, partners, employees, contractors, and attorneys from any and all actions, claims, causes of action, demands, or expenses for damages or claims, whether asserted or unasserted, known or unknown, foreseen or unforeseen in any way related to or arising out of utilization of the attractions and participation in activities at the Sports Facility, including travel to and therefrom, to the greatest extent allowed by law. I agree that Walk-Off is not liable to Participants for any personal property that is damaged, lost, or stolen while on or about the premises including, but not limited to, a vehicle or its content or any property in a locker or otherwise. 

4. FUTURE DAMAGES. Inasmuch as the injuries, damages, and losses that may result from the Participants’ utilization of the attractions and participation in activities at the Sports Facility, including travel to and therefrom, may not be fully known and may be more numerous or more serious that it is now understood or expected, the Participants agree, as further consideration of this Agreement, that this Agreement applies to any and all injuries, damages, and losses that may result although now unanticipated, unexpected, and unknown, as well as any and all injuries, damages, and losses which may immediately develop and become known or anticipated. 

5. INDEMNIFICATION. Subject to the limitation of liability described in Section 2 above, Participants expressly agree to indemnify, defend, fully and forever waive, release, discharge and hold harmless Walk-Off from any & all claims, actions, causes of action, demands, judgments, damages (including compensatory, general, special, consequential, exemplary and punitive), liability including attorney fees and costs or obligations of any type, nature or kind, without limitation, claims of negligence, strict liability, or liability for any other act or omission, as a result of the Participants voluntary utilization of the attractions and participation in activities at the Sports Facility, and from all actions incidental thereto, whether known at the time Participants leave the Facility, or which may arise or become known later. 

6. FITNESS TO PARTICIPATE. The Participants acknowledge that use of the Facility and participation in the activities in the Sports Facility can be physically demanding and that even healthy and physically capable individuals may be susceptible to injury. The Participants hereby expressly represent that they are in good health and proper physical condition to utilize the services and participate in all activities at the Sports Facility. The Participants represent: a) they have no physical, mental, or cognitive disabilities, ailments, or impairments that may affect their ability to utilize the attractions or participate in any activities at the Sports Facility; b) they are not under the influence of alcohol, illicit drugs, medications, or other mood-altering substances that may affect their ability to utilize the attractions or participate in any activities at the Sports Facility; and c) they assume sole and full responsibility for determining the sufficiency of their health, fitness, and ability to utilize the attractions or participate in any activities at the Sports Facility. 

7. ACKNOWLEDGEMENT OF RULES. The Participants acknowledge that Walk-Off has posted and made available for review the rules governing the Sports Facility. The Participants represent that they understand, and expressly agree to follow all rules and instructions of Walk-Off and use the Sports Facility in a safe & responsible manner. 

8. VIDEO, PHOTO, AND IMAGE RELEASE. The Participants hereby expressly agree to give Walk-Off the right and permission to use all media captured on the Sports Facility premises, including, without limitation: security footage, photographs, and videos, for all purposes, including publication in printed and electronic format, media, internet, websites, advertisements, and other promotional uses. 

9. COVENANT NOT TO SUE. The Participants hereby expressly agree never to institute any action or suit, at law or in equity, against Walk-Off, nor institute, prosecute, or in any way aid in the institution, or prosecution of any claim, demand, action, or cause of action for damages, costs, expenses, or fees of any type, kind, or nature, for or on account of any damage, loss, or injury, either to person or property, or both, whether developed or undeveloped, known or unknown, past, present or future, arising out of the Participants utilization of the attractions and participation in activities at the Sports Facility, including travel to and therefrom, and which relate to or concern those claims duly waived by this Agreement. 

10. DISPUTE RESOLUTION. Any and all claims arising from or related to the Participants’ utilization of the attractions and participation in activities at the Sports Facility, including travel to and therefrom, shall be subject to mediation as a condition precedent to binding dispute resolution. A request for mediation shall be made in writing, delivered to the other party to this Agreement. Mediation shall proceed in advance of binding dispute resolution proceedings, which, if necessary, shall be stayed pending mediation. The parties shall share the mediator’s fee and any related costs equally. The mediation shall be held in Imperial County, State of California, unless as otherwise mutually agreed upon by the parties to this Agreement. Agreements reached in mediation shall be enforceable as settlement agreements in any court having proper jurisdiction. 

Any claim not resolved by mediation shall be submitted to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its applicable rules. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and led with the person or entity administering the arbitration. The party filing a notice of demand for arbitration must assert in the demand all claims then known to that party on which arbitration is permitted to be demanded. A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on claims arising from or related to Participants’ utilization of the attractions and participation in activities at the Sports Facility including travel to and therefrom, would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal 

or equitable proceedings based on said claims. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having proper jurisdiction. This agreement to arbitrate is duly consented to by the parties to this Agreement and shall be specifically enforced under applicable law in any court having proper jurisdiction. The parties hereby waive their right to seek relief in a 

court of law or to have claims decided by a jury or a judge, or to maintain other available court action or administrative proceedings. The arbitration shall take place in Imperial County, State of California, unless otherwise consented by the parties. 

11. CHOICE OF LAW. The laws of the State of California shall apply to the interpretation of this Agreement. 

12. ATTORNEY FEES AND COSTS. In the event that any claim, suit, or action is instituted under or in relation to this Agreement, including, without limitation, to enforce any provisions herein, the prevailing party shall be entitled to recover all reasonable fees, costs, and expenses from the losing party. 

13. INTERPRETATION AND SEVERABILITY. The parties hereto agree that this Agreement is intended to be interpreted as broadly and inclusively as permitted by law. Should any provision of this Agreement be determined to be unenforceable, all remaining terms and clauses shall remain in force and shall be fully severable. 

14. SUBSEQUENT VISITS. The parties agree that this Agreement shall apply with equal force and effect to ALL of the Participants’ present and future visits to and use of the Sports Facility until superseded by a subsequent version of this Agreement. 

15.RIGHT TO DENY ENTRY. Walk-Off maintains the right to deny any person entry and participation in their sole discretion, Walk-Off may deny a person entry if they believe that entry may jeopardize the safety of the person or any other patron. 

16. Conduct. Participant agrees to from and after the date of the execution of this waiver, to refrain from any disparagement, criticism, defamation and slander of Walk-Off or any of its associated parties.  Participant further agrees they will not disparage or publish or disseminate information, whether oral or written (which includes, but is not limited to, statements made directly, indirectly or through any third person on or through any online, social media, electronic, digital or other media), that is derogatory in any manner to company or any of its associated parties. 

I HAVE HAD SUFFICIENT OPPORTUNITY AND HAVE CAREFULLY READ THIS AGREEMENT AND WAIVER OF LIABILITY AND FULLY UNDERSTAND ITS CONTENTS. I FULLY UNDERSTAND THAT BY SIGNING BELOW, I AM GIVING UP SUBSTANTIAL RIGHTS FOR MYSELF AND FOR THE MINOR CHILDREN/WARD AND DO SO VOLUNTARILY. I AM AWARE THAT THIS IS A BINDING CONTRACT AND AM SIGNING IT WITHOUT INDUCEMENT, ASSURANCE OR GUARANTEE, AND ENTIRELY OF MY OWN FREE WILL AND ACCORD AND I AGREE TO BE BOUND BY ITS TERMS. 

**Walk-Off may rely completely on the representation made by an individual who claims to be the parent or guardian of a participant, or of legal age and shall not be obligated to independently verify whether or not such individual is in fact the parent or legal guardian of the participant or of legal age. By signing this Waiver for yourself without a parent or guardian also signing, you are representing to Walk-Off that you are at least 18 years of age and that you agree to all of the above terms and conditions. 

Any minor must have his or her parent or legal guardian sign this Waiver before that minor can participate in any activities or Use of Sports Facility at Walk-Off. Participants voluntarily agree to assume all of the foregoing risks and limit the liability of Walk-Off as described herein for any injury to Participants’ child(ren) or other minors for whom Participants are the duly authorized legal guardians, or to Participants personally, 

including, but not limited to, personal injury, disability, and death, illness, damage, loss, claim, liability, or expense, of any kind, that Participants or their child(ren) or other minors for whom Participants are the duly authorized legal guardians may experience or in connection with their attendance at the Sports Facility. On Participants’ behalf, and on behalf of Participants’ children or other minors for whom Participants are the duly authorized legal guardians, Participants hereby release, covenant not to sue, discharge, and hold harmless Walk-Off, its employees, agents, and representatives, of and from all liabilities, claims, actions, damages, costs, or expenses of any kind arising out of or relating thereto. Participants understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Walk-Off, its employees, agents, and representatives. 

If the Participant is not 18 years of age or older, then the following Parent or Guardian Consent must be read and signed before the Participant is allowed to use the Sports Facility and its facilities. 

PARENT OR GUARDIAN CONSENT 

I CERTIFY THAT I AM THE PARENT, LEGAL GUARDIAN, OR AUTHORIZED AGENT OF THE MINOR CHILD(REN)/WARD LISTED BELOW, AND THAT I HAVE AUTHORITY TO SIGN THIS AGREEMENT ON THEIR BEHALF. I ALSO CERTIFY THAT THE INFORMATION PROVIDED BELOW FOR EACH MINOR PARTICIPANT IS TRUE AND CORRECT. I HEREBY WARRANT AND REPRESENT THAT IF I AM NEITHER THE CHILD’S PARENT NOR LEGAL GUARDIAN, I HAVE BEEN GRANTED THE EXPRESSED AUTHORITY TO EXECUTE THIS WAIVER, RELEASE AND ASSUMPTION OF RISK AGREEMENT BY, AND ON BEHALF OF, THE CHILD’S PARENT OR GUARDIAN. IN THE EVENT THAT I DO NOT HAVE THE AUTHORITY TO EXECUTE THIS AGREEMENT ON BEHALF OF ANOTHER, I AGREE THAT I SHALL BE SOLELY LIABLE FOR ANY AND ALL CLAIMS, ACTIONS, PENALTIES, CAUSES OF ACTION, SERVICES, FEES, OR SIMILAR EXPENSE. 

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
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*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
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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