COMPREHENSIVE LIABILITY RELEASE AND PUBLICITY WAIVER SP Collective
5700 Star Ln, Houston, TX 77057, United States 1. ASSUMPTION OF RISK AND RELEASE OF LIABILITY I acknowledge that participation in physical activities at the Facility, including but not limited to batting cage use, strength training, and general exercise, carries inherent risks. These include, but are not limited to, sprains, broken bones, concussions, illness (including COVID-19), and other unforeseen injuries or conditions. I voluntarily assume all such risks. In consideration for being allowed to use the Facility, I hereby release and forever discharge the Facility, its owners, employees, agents, af\iliates, and assigns from any and all liability, claims, demands, causes of action, damages, or losses resulting from my participation, regardless of cause, including negligence. 2. FACILITY USE AND COMPLIANCE This waiver applies to any activity conducted on the premises of the Facility, including, but not limited to:
- Batting cages
- Weight floor/fitness equipment - Spectator areas
- Restrooms and common areas
- Any classes, private lessons, or events I agree to observe all rules and warnings posted at the Facility and follow all instructions given by its employees and agents. I understand that failure to do so may result in removal from the premises and forfeiture of any rights to use the Facility. 3. PUBLICITY WAIVER AND RIGHTS TO MATERIALS I irrevocably grant the Facility and its authorized agents the right to use my (or my child’s) name, image, voice, likeness, and biographical information in any media, worldwide, for promotional and commercial purposes without compensation. This includes all forms of media now known or hereafter devised, including social media, advertising, and marketing. I waive any right to inspect or approve the use of such materials, as well as any rights of publicity or privacy associated with them. I further transfer to the Facility all copyright interests in any materials that include my likeness. This provision applies only to materials created while I am on the premises of the Facility or by its agents in connection with activities at the Facility. 4. INDEMNIFICATION I agree to indemnify and hold harmless the Facility and its representatives from any and all claims, damages, losses, and expenses (including legal fees) arising out of my (or my child’s) participation or presence at the Facility, including claims caused by negligence. 5. RESPONSIBILITY FOR DAMAGES I agree to pay for any damage to the Facility or its property caused by my (or my child’s) negligent, reckless, or willful actions. 6. GOVERNING LAW AND DISPUTE RESOLUTION This agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any legal or equitable claim arising from this agreement or participation at the Facility shall be resolved \irst through good-faith negotiations. If unresolved, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association, with venue in Houston, Texas. 7. FOR PARTICIPANTS UNDER 18 YEARS OF AGE I affirm that I am the parent or legal guardian of the minor listed above. I have the legal authority to consent to the terms of this agreement. I acknowledge and agree to all provisions contained herein on behalf of the minor.
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