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RELEASE AND WAIVER OF LIABILITY AND CANCELLATION POLICY


ELITEFIT INDOOR SPORTS LLC

2830 Geesling Rd, Denton, TX 76208

The individual named below (referred to as “I” or “me”) desires to participate in indoor sports activities, including, but not limited to indoor cricket, indoor soccer, indoor baseball, indoor softball and badminton (whether singular or plural hereinafter referred to as the “Activities”), provided by EliteFit Indoor Sports llc, a Texas limited liability company (the “Company”) with offices and indoor sports facility located at 2830 Geesling Rd, Denton, Texas 76208 (the “Facility”). As lawful consideration for permission by the company to participate in the Activities and for the intangible value that I will gain by participating in the activities, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).

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I am aware of and understand the nature of the activities which includes physical contact with other participants and vigorous cardiovascular exercise, and that I am qualified in good health, and in proper physical condition to participate in such activity. I am aware and understand that the activities are dangerous activities and involve serious risks, including but not limited to, sprains, fractures, concussions, paralysis, permanent disability, serious injury, death, and property damage. I acknowledge that any injuries that i sustain may be compounded by negligent emergency response or rescue operations of the company. I acknowledge that I am knowingly and voluntarily participating in the activities with an express understanding of the danger involved and hereby agree to accept and assume all risks of injury, death, or property damage whether caused by negligence of the company or otherwise.

I hereby expressly waive and release any and all claims, now known or hereafter known, against the company, and its officers, directors, employees, agents, affiliates, members, successors, and assigns (collectively “releasees”), on account of injury, death, or property damage arising out of or relating to my participation in the activities or use of the facility, whether arising out of the negligence of the company or any releasees (excluding gross negligence or intentional misconduct on the part of the company or its releasees) or the negligent or intentional conduct of other participants or spectators, or otherwise. I covenant not to make or bring any such claim against the company or any other releasee and forever release and discharge the company and all other releasees from liability under such claims.

I shall defend, indemnify, and hold harmless the company and all other releases against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including the reasonable attorney fees, fees and costs of enforcing any right to indemnification under this agreement, and the cost of pursuing any insurance providers, incurred by or awarded against indemnified party, arising out of or resulting from any claim of a third party related to my participation in the activities.

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This agreement constitutes the entire agreement of the company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. I acknowledge and agree that no representations or agreements, written or oral, have been made to me by the company or any other release with respect to any of the subject matter contained in this agreement, and I represent and warrant that I am not relying on any such representations. If any term or provision of this agreement or the application thereof to any party or circumstance is held invalid, illegal, or unenforceable to any extent in any jurisdiction, then the remaining terms and provisions and their application to other parties or circumstances shall not be affected thereby and shall be enforced to the greatest extent permitted by law. This agreement is binding on and shall inure to the benefit of the company and me and their respective successors and assigns. All matters arising out of or relating to this agreement shall be governed by and construed in accordance with the internal laws of the state of Texas, excluding any conflict of laws rule or principle that might refer the governance or the construction of this agreement to the laws of another jurisdiction. Any claim or cause of action arising under this agreement may be brought only in the federal and state courts located in Denton County, Texas and I hereby consent to the exclusive jurisdiction of such courts. If any action at law or in equity is necessary to enforce the terms of this agreement, the prevailing party shall be entitled to receive from the non-prevailing party reasonable attorney’ fees, court costs, and necessary disbursements in addition to all other relief to which he or it may be entitled.

EliteFit Indoor Sports llc. – Participant Waiver, Release of Liability

This is a legally binding agreement. By signing below, you waive certain legal rights, including the right to sue. Please read carefully.

1. Activities and Facility Acknowledgment

The individual named below (referred to as “I” or “me”) desires to participate in indoor sports activities, including, but not limited to indoor cricket, indoor soccer, indoor baseball, indoor softball and badminton (whether singular or plural, the “Activities”), provided by EliteFit Indoor Sports llc., a Texas limited liability company (the “Company”), located at 2830 Geesling Rd, Denton, Texas 76208 (the “Facility”).

As lawful consideration for permission to participate in the Activities and for the intangible value I will gain, I agree to all the terms and conditions set forth in this agreement.

2. Acknowledgment of Risk

I understand the nature of the Activities, which include physical contact and vigorous cardiovascular exercise. I represent that I am in good health and physical condition to participate. I acknowledge that these Activities involve serious risks, including sprains, fractures, concussions, permanent disability, paralysis, death, or property damage. These injuries may be worsened by delayed emergency response.

I knowingly and voluntarily accept and assume all risks, including those caused by negligence of the Company or its volunteers, or by the actions of other participants or spectators.

3. Business Structure and Insurance Disclosure

EliteFit Indoor Sports llc. is a self-service, owner-managed facility with no employees. Occasional volunteers may assist but are not trained or certified staff unless stated otherwise.

The Company holds:

  • $1,000,000 per occurrence / $3,000,000 aggregate General Liability
  • $25,000 excess Accident Medical Coverage with $5,000 deductible
  • $10,000 Accidental Death & Dismemberment
  • $25,000/$50,000 Abuse & Molestation Coverage

I acknowledge that this waiver is required by the insurance carrier and that failure to sign it may void my protection under the policy.

4. Waiver, Release, and Indemnity

I hereby waive and release all claims—now known or later discovered—against EliteFit Indoor Sports llc., its owner, volunteers, agents, affiliates, successors, and assigns (“Releasees”) for injury, death, or property damage arising out of participation in the Activities or use of the Facility. This includes claims of negligence, excluding gross negligence or intentional misconduct.

I agree not to bring any claims against the Company or Releasees and to indemnify and hold them harmless from all liability, including attorney fees, judgments, and costs resulting from any third-party claim connected to my participation.

5. Governing Law

This Agreement is governed by the laws of the State of Texas, with exclusive jurisdiction in Denton County, Texas. If any part of this Agreement is deemed invalid, the remaining provisions remain in effect.

6. Responsibility of Team Leaders, Coaches, and Mentors

Any individual acting as a team leader, coach, or mentor who brings participants — including both minors and adults — to take part in activities at EliteFit Indoor Sports llc. is fully responsible for ensuring that each participant has completed and signed a valid waiver prior to engaging in any activities.

  • For minors, the waiver must be signed by a parent or legal guardian.
  • For adults, each individual must sign their own waiver prior to participation.

By organizing or facilitating group activities or team practices, the team leader, coach, or mentor affirms that all participants under their supervision are covered by properly executed waivers.

EliteFit Indoor Sports LLC. bears no responsibility or liability for any individual who participates in activities without a valid waiver on file due to the negligence or oversight of the team leader, coach, or mentor. In such cases, the responsible adult agrees to indemnify and hold harmless EliteFit Indoor Sports llc., its owner, and affiliates from any and all claims, damages, liabilities, or legal actions that arise from unauthorized or unwaived participation.

7. Entire Agreement

This Agreement is the entire understanding between the parties. I acknowledge that I am not relying on any verbal or written representations outside this agreement.

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Cancellation Policy for Memberships at Elitefit Indoor Sports llc

1. Membership Cancellation

  • Members can cancel their membership at any time by providing a written request via email or in person at the facility’s front desk.
  • Cancellation requests must be submitted at least 15 days prior to the next billing cycle to avoid being charged for the following month.
  • Membership fees are non-refundable for the current billing cycle, even if cancellation occurs before the cycle ends.

2. Refunds

  • Monthly Memberships: No refunds will be issued for partially used months.
  • Annual Memberships: Refunds for annual memberships will be prorated based on the number of months remaining, minus a $50 cancellation fee.

3. Freeze or Pause Policy

  • Members can temporarily pause their membership for a maximum of 3 months per year due to valid reasons (e.g., medical conditions, travel). A freeze fee of $10/month will apply.
  • Requests to freeze memberships must be submitted in writing, with supporting documentation if necessary.

4. No-Show or Late Cancellation for Booked Activities

  • Members who fail to show up for pre-booked activities (e.g., batting lanes, courts) or cancel less than 24 hours before the booking may incur a $20 penalty fee.

5. Termination by the Facility

  • Elitefit Indoor Sports reserves the right to terminate memberships for violations of facility policies, including misconduct, non-payment, or inappropriate behavior. In such cases, no refunds will be issued.

6. Exceptions

  • Cancellations due to extreme circumstances (e.g., relocation, medical emergencies) may be reviewed on a case-by-case basis. Documentation will be required.

7. Contact for Cancellation

  • For membership cancellations or inquiries, contact us at contact@elitefitindoorsports.com or visit the front desk at Elitefit Indoor Sports.

By signing below, I acknowledge that I have read and fully understood all the terms of this agreement and that I am voluntarily giving up substantial legal rights, including the right to sue the company, without any inducement, assurance, or guarantee being made to me. I intend my signature to be the required evidence of my assent to release all liability completely and unconditionally to the greatest extent allowed by law.

Today's Date: April 17, 2025

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
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
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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*

Last Name*

Phone*
Parent or Guardian's 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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