WAIVER OF LIABILITY AND RELEASE FOR USE OF BATTING CAGES

I hereby acknowledge and agree that participation in the batting cages and any and all equipment within HUMBABE LLC dba CLUTCH, a Baseball, Softball and Sports Training Facility has inherent risks including possible injury or death from participation or attendance at the Facility. In consideration of the services provided by CLUTCH, their agents, officers, participants, consultants, employees and all persons or entities acting in any capacity on their behalf (hereinafter referred to as CLUTCH) I now agree and certify as follows:

I acknowledge and fully understand that I, the participant (if participants is 18 years of age or older) or parent/legal guardian of the above listed minor participant, will be engaging in activities that may involve risk of serious injury which might result not only from my own actions, inactions, or negligence, but from the actions, inactions, or negligence of others or the conditions of the premises or of any equipment used. Such injuries could include bodily injury to the head, eyes, mouth, arms, legs, and bodily injury in general. Further, that there may be other risks not known or not reasonably foreseeable at this time. The risks may include but are not limited to: nature of the activity, latent or apparent defects of conditions in equipment or property supplied by CLUTCH or other entity; acts of other participants in this activity, employees or agents of CLUTCH; my own physical condition, acts of omissions; conditions of CLUTCH facility and surrounding grounds or terrain and accidents with their use; first aid emergency treatment or other services. I expressly agree and promise to accept and assume all the risks existing in this activity and assume the risks of all the bodily injury that could result from such activity. My participating in this activity is purely voluntary and I elect, despite the risks, to participate. I assume all the foregoing risks and accept personal responsibility for the damages following such injury. The signatory of this waiver and Release assumes all risk and danger incidental to the operation of batting cages and related actions. Including specifically (but not exclusively) the danger of being injured by thrown bats, equipment, thrown or hit balls, wild pitches, broken equipment, equipment failure, actions or inactions of staff, visitors of other participants and guests and agree that CLUTCH and their officials, agents and employees are not liable for injury related from such causes. On behalf of myself, my children, my parents, my heirs, assigns, personal representative I hereby voluntarily release, waive, forever discharge and agree to indemnify and hold harmless CLUTCH and each of their respective commissioner, directors, agents and other employees, its parent, subsidiaries, affiliate, employees, distributors and agents, other batting cage participants, and if applicable, operator of lessors of premise used to conduce the event/activity, from any and all liability for any and all claims, demands of cause of action which are in any way connected with my participation in this activity or my use of CLUTCH equipment or facilities. I hereby certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in these activities or alternatively I agree to bear the cost of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safely on this activity, or else I am willing to assume and bear the costs of all risk that may be created, directly or indirectly, by any such condition. I hereby certify that I am at least 18 years of age, or the parent or legal guardian of the participant under 18, and I agree I will wear a batting helmet at all times while in the batting cages. I hereby provide CLUTCH permission to administer basic first aid and I authorize CLUTCH or its agents or employees to contact 911 or other emergency personnel as needed. I hereby certify that I have been given the Rules & Regulations for batting cage use and will adhere to them. I do hereby give CLUTCH its assigns, licensees, and legal representatives the irrevocable right to use photographs or video in all forms and media and in all manners, including composite, for advertising or marketing for publication or any other lawful purposes, and I waive any right to inspect or approve the finished product, including written copy, internet, etc., which may be created in connection therewith.

By signing this document, I acknowledge that if anyone is hurt, or property is damaged during participation in this activity a court of law may find me to have waived my right to maintain a lawsuit against CLUTCH and each of the parties listed in paragraph 3 above on the basis of any claim from which I have release them herein.

I HAVE HAD SUFFICIENT TIME TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.

ATHLETE PARENT

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