Facility Waiver

Indoor Baseball Liability Waiver (1/1/19)

1. I, the parent or legal guardian of the player named above, do hereby give my approval of his or her participation in Indoor Baseball activities at Smash It Sports Training Center, including, but not necessarily limited to: Batting Cages, Baseball Leagues, Baseball Practice, Drop-in Baseball Instruction, and Baseball Camps, Clinics and all other forms of Baseball Instruction.

2. I hereby give my consent for emergency medical care for the above-named player by the staff of Smash it Sports Training, or anyone else present, to ensure that the most immediate treatment can be obtained. This treatment may be given under whatever conditions are necessary in order to preserve the player’s life and/or well-being.

3. I hereby release and discharge and hold harmless Smash it Sports Training, Inc., Smash it Sports, Inc., DP Sports, OA Uniforms, Inc. and its members, officers, directors, agents, employees and any other persons or entities acting on their behalf against all claims, demands and causes of action relating to injury, illness, disability, death or other harm, to person, property, or both arising from participation of the above named player in Indoor Baseball activities at Smash it Sports Training.

4. I am aware of and assume all risks and dangers incidental to and inherent in the game of Baseball, and in particular, the game of Baseball played, practiced, or learned indoors, including specifically, but not exclusively, the danger of being injured by baseballs thrown by pitching machines, players or coaches, baseball bats swung by players or coaches, contact with umpires, instructors, or other players, field equipment (e.g. bases, screens, fences), or facility structures, and hereby waive all claims against Smash it Sports Training and the aforementioned entities and individuals.

5. I understand that I am solely responsible for any cost arising out of any bodily injury, property damage, and medical evacuation and rescue expenses sustained through the participation of the above named player in Indoor Baseball activities at Smash it Sports Training.

6. I understand that Smash it Sports Training may require proof of age for any player and I agree to provide such proof. I understand that anyone found knowingly giving false information to Smash it Sport Training is subject to immediate removal from the activity associated with that information.

7. I agree to abide by and uphold the rules and regulations of Smash it Sports Training. I understand that objectionable conduct or behavior, including, but not exclusively limited to, profane or abusive language, physical or verbal intimidation, or fighting, towards/with other players, referees, spectators, or the staff of Smash it Sports Turf will not be tolerated and can lead to immediate removal of the player from the activity, removal of the player from the facility, and/or exclusion of the player from any and all future activities at Smash it Sports Training.

8. Permission to use Photographs & Video Footage: I give my permission to Smash it Sports Training to use sports action or team photographs and/or video footage of the above named player in various Smash it Sports Training marketing materials including, but not limited to, brochures, flyers, DVD’s, guides, and the Smash it Sports Training websites and social media pages. I waive any claim to monetary compensation in any form from Smash it Sports Training for this usage. I represent that I am the parent or legal guardian of the above named player and that I have read, understand, and agree to the above statements.

Acknowledged and Agreed:

FOR PARTICIPANTS OF MINORITY AGE (UNDER 18 AT THE TIME OF REGISTRATION)

This is to certify that I, as parent/guardian, with legal responsibility for this participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protection against communicable diseases. Furthermore, my child/ward understands and accepts these risks and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the releasees and myself, my spouse, and child/ward do release and agree to indemnify and hold harmless the releasees for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, EVEN ARISING FROM THEIR NEGLIGENCE, to the fullest extent provided by law.

Acknowledged and Agreed:

WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19

ASSUMPTION OF RISK/WAIVER OF LIABILITY/INDEMNIFICATION AGREEMENT

In consideration of being allowed to participate on behalf of Smash it Sports Training, Inc or in our facility located at 1861 Scottsville Rd., Building 500 Rochester, NY 14623 in any activities or events, the undersigned acknowledges and agrees that:

1. Participation includes possible exposure to and illness from infectious diseases including, but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce the risk, the risk of serious illness and death does exist.

2. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releasees and others and assume full responsibility for my participation.

3. I willingly agree to comply with the stated and customary terms and conditions for participation as regards of protection against infectious diseases. If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.

4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release and hold harmless Smash it Sports Training, Inc., their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (releasees), with respect to any and all illness, disability, death, or loss or damage to person or property, whether arising from the negligence of releasees or otherwise, to the fullest extent permitted by law.

I HAVE READ THIS RELAESE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND IT’S TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Acknowledged and Agreed: