NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SCA USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SCA IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND SCA HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. In consideration of the minor participant named below ("Minor") being permitted to participate in any activities or services provided by Southwest Florida Enterprises, Inc., a Florida corporation d/b/a Sports Challenge America, and Elevate Operations LLC, together with their parents, subsidiaries, and/or affiliates (collectively, “SCA”), I, the undersigned parent or legal guardian of the Minor, acknowledge, understand, and agree to the following on behalf of myself and the Minor: 1. Assumption of Risk: I understand that entering a facility owned or operated by SCA and/or participating in any of the offerings provided by SCA, including but not limited to challenges, leagues, scrambles, open play activities, tournaments, clinics, camps, practices, rentals, and any other related sports, recreational, wellness, fitness, social, or community activities (collectively, the "Activities") involves inherent and significant risks, including, but not limited to, equipment malfunction, falls, collisions, being hit by a ball, club, or other objects, sliding injuries, overuse injuries, strains and sprains, cuts and abrasions, finger and hand injuries, sunburn, dehydration, heat-related illnesses, as well as the potential for severe bodily injury, disfigurement, paralysis, or even death that may result from the Minor’s action or the actions of others. These risks are present in various sports and activities, such as baseball, golf, soccer, bowling, football, and basketball, and may also be present in other Activities provided. Additional risks may include contracting a viral or bacterial infection, such as COVID-19, environmental hazards, such as uneven or slippery surfaces, poor weather conditions, and the actions or inactions of other participants. The Activities may also involve risks related to the use of facilities or equipment, including potential mechanical failures. Other accidents or injuries may result from my actions or the actions of others, including those that may be severe, permanent, disabling, or life-altering. I acknowledge that the Minor voluntarily participating in the Activities, and I assume all risks, both known and unknown, foreseeable and unforeseeable, associated with the Minor’s participation. 2. Waiver and Release of Liability: I, on behalf of myself, the Minor, and our respective heirs, executors, administrators, and assigns, hereby release, waive, discharge, and covenant not to sue SCA, its owners, officers, directors, shareholders, employees, agents, and/or affiliates from any and all claims, liabilities, demands, causes of action, or losses, including reasonable attorneys’ fees and costs, arising out of or related to the Minor's participation in the Activities, including, but not limited to, personal injury, property damage, or wrongful death. I understand that this waiver and release of liability is intended to be as broad and inclusive as permitted by Florida law and if any portion of this waiver and release is held invalid, it is agreed that the balance shall continue in full legal force and effect to the greatest extent permitted by law. 3. Indemnification: I agree to indemnify and hold harmless SCA, owners, officers, directors, shareholders, employees, agents, and/or affiliates from any and all claims, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or related to the Minor's participation in the Activities. 4. Health and Fitness: I represent and warrant that the Minor is physically capable of participating in the Activities and does not have any medical condition, injury, or impairment that may affect their ability to safely participate. I acknowledge that it is my responsibility to consult with a physician prior to the Minor's participation in the Activities if I have any concerns about their health or fitness. 5. Rules and Regulations: I agree to ensure that the Minor follows all rules, regulations, and instructions provided by SCA, including any posted at the facility or communicated by SCA staff. I understand that SCA reserves the right to remove the Minor from the Activities or the facility if they fail to comply with these rules or if their behavior poses a risk to themselves or others. 6. Governing Law and Venue: This Waiver and Release of Liability shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising out of or relating to this Waiver and Release of Liability shall be subject to the exclusive jurisdiction of the state and federal courts located in Lee County, Florida.
I HAVE READ THIS WAIVER AND RELEASE OF LIABILITY, FULLY UNDERSTAND ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY. I REPRESENT AND WARRANT TO SCA THAT I AM AUTHORIZED TO EXECUTE THIS WAIVER AND RELEASE OF LIABILITY ON BEHALF OF THE MINOR, AND THAT I AM THE MINOR’S PARENT OR LEGAL GUARDIAN OR HAVE BEEN GIVEN EXPRESS CONSENT TO EXECUTE THIS WAIVER AND RELEASE OF LIABILITY BY THE MINOR’S PARENT OR LEGAL GUARDIAN.
Today's Date: September 17, 2026
|