Athletic Waiver of Liability and Hold Harmless Agreement

There are certain inherent risks associated with participating in sports and/or athletic training that cannot be eliminated. These risks include, but are certainly not limited to: (1) minor injuries such as scratches, cuts, bruises and strains; and (2) major injuries such as injuries to the eyes, infections, loss of sight, joint injuries, back injuries, heart attacks, concussions, paralysis and even death. Also included in these risks are the same or similar injuries that might result from using training equipment, actual use of a field or training facilities, the acts of others or from the unavailability of emergency staff or emergency medical care (hereinafter we shall define all of these risks and potential injuries as “Risks”). All of these Risks will be present in the activities that you and/or your minor will be participating in at Performance Factory, LLC (the “Activities”). HAVING READ THIS PARAGRAPH and having an appreciation for and an UNDERSTANDING OF THESE RISKS, you hereby affirm that you and/or your minor’s participation in these Activities is voluntary and that you agree on behalf or yourself or your minor to all of the following:

1. ASSUMPTION OF RISK: I, on behalf of myself and/or my minor, ASSUME ALL OF THE RISKS THAT MAY OR CAN ARISE OUT OF PARTICIPATING IN THE ACTIVITIES, INCLUDING BUT NOT LIMITED TO THE ATHLETIC ACTIVITY ITSELF, USE OF THE EQUIPMENT, FIELD OR FACILITIES, THE ACTS OF OTHERS OR THE UNAVAILABILITY OF EMERGENCY CARE, as well as those Risks described in the preceding paragraph.
2. INDEMNITY/HOLD HARMLESS: I, on behalf of myself and/or my minor and/or our heirs, personal representatives and/or assigns, also agree to indemnify and hold Performance Factory, LLC, as well as their affiliates, parents, subsidiaries, assigns, partners, attorneys, members, employees, independent contractors, shareholders, officers, directors, and agents or any producers, investors, cast members or any other person or entity associated in any way with the ownership, operation or affiliation with recreational facilities and the creation, production or distribution of Performance Factory, LLC related marketing content on any Performance Factory, LLC owned website, harmless from any and all claims, causes of actions, lawsuits, arbitrations or proceedings as well as from any expenses, judgments, costs, fees, damages, expenses and/or liabilities, including attorneys’ fees incurred in defending or prosecuting any such claims brought against Performance Factory, LLC as the result of my or my minor’s participation in the Activities. I hereby allow Performance Factory, LLC to use my or my minor’s image or likeness without current or future compensation for marketing purposes related to Performance Factory, LLC.
3. RELEASE/WAIVER: In consideration for being permitted to participate in the Activities, I, on behalf of myself and/or my minor and/or our heirs, personal representatives and assigns HEREBY RELEASE, WAIVE AND DISCHARGE Acme Athletics from any and all liability associated with or related to my or my minor’s participation in the Activities and agree NOT TO SUE Performance Factory, LLC for any reason resulting from or associated with my or my minor’s participation in the Activities. This waiver and release is intended to include all claims for injuries, accidents, illnesses, or property loss, whether known or unknown or anticipated or unanticipated, which are in any way related to or associated with the Activities.
4. NO INSURANCE: I, on behalf of myself and/or my minor, acknowledge that Performance Factory, LLC does not carry insurance on behalf of myself or my minor.
5. LEGAL RIGHTS: I, on behalf of myself and/or my minor, understand and acknowledge that I/we are surrendering valuable legal rights in this agreement.
6. SEVERABILITY: I, on behalf of myself and/or my minor, understand and expressly agree that this agreement is intended to be as broad and inclusive as permitted by the law of the State for which it is used and that if any portion of this agreement is held invalid, it is agreed that the balance shall continue to be in full force and effect and that whatever portion is held invalid will be interpreted and enforced as broadly as possible.

FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION) CONSENT AND RELEASE ON BEHALF OF MINOR I am the parent and/or legal guardian of the above-named minor participant. I have read this agreement thoroughly and understand all of its terms. I understand that I am surrendering legal rights on behalf of the minor and myself. I, on behalf of myself and my minor, agree to be bound by all of the terms of this agreement and also give my consent to allow my minor to participate in the activities described herein. I release, indemnify, and hold harmless the Releasees from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above, even if arising from the negligence of the Releasees, to the fullest extent permitted by law.

Assumption of Risk, Waiver and Release from Liability Agreement

NOTE: Each person entering the building (beyond the office area) must sign this Assumption of Risk, Waiver and Release from Liability Agreement.

In consideration of being permitted to enter NYY, LLC’s facility located at 2250 N. Hoover Road, Wichita, Kansas 67205 (the “Building”) for any purpose, including but not limited to, for the use of the equipment and facilities, to coach other individuals using the equipment and facilities or to observe, the undersigned (“Participant”) agrees as follows:

1. Assumption of Risk.

Participant understands and agrees that there are risks involved in participating and observing any sports training activities, whether as a player, trainer, coach or spectator, and Participant voluntarily assumes all risk of injury, illness, damage or loss to Participant or his/her property that may result. This includes, but is not limited to, Participant’s use of the practice field, batting cages, pitching tunnels, equipment, restrooms, parking areas, sidewalks, office area or spectator area as well as participation in any activity.

2. Risks.

Participant acknowledges that entering the Building involves risk of injury to Participant and potentially others, whether caused by Participant or someone else, including, but not limited to, the use (or misuse) of sports and training equipment, the malfunction of sports and training equipment, injury from the activity itself, injury from the acts of others and being struck by a ball or bat. Participant understands that NYY, LLC (“NYY”) does not manufacture any of the sports or training equipment and all such equipment has been purchased or leased from third parties. NYY does not make warranties of any kind as to the equipment and may not be held liable for any defective equipment.

3. RELEASE AND WAIVER.

Participant RELEASES, WAIVES and DISCHARGES NYY from any and all loss or damage and any and all related claims or causes of action (known or unknown) on account of injury, death, or damage to persons or property of Participant, as a result of:

1. Participant’s use of NYY’s equipment or facilities, which may malfunction or break,
2. NYY’s improper maintenance of any equipment or facilities,
3. NYY’s negligent instruction,
4. Participant’s participation in any activities at the Building, or
5. any other act or omission, whether caused, in whole or in part, by the sole or concurrent negligence or wrongdoing, strict liability or fault of NYY or otherwise.

Participant understands this is a release of liability and he/she is waiving any right Participant may have to bring legal action against NYY to assert a claim for its negligence.

4. Indemnity.

Participant agrees to indemnify, defend and hold NYY harmless from any and all claims, causes of action, damages, judgments, costs or expenses (including attorneys’ fees) arising from:

1. any activities at the Building,
2. accidents, break-ins, vandalism or theft, whether inside or outside the Building,
3. any acts, omissions, or negligence of any person or entity other than NYY, or
4. Participant’s use of NYY’s facilities or equipment.

5. Rules.

Participant agrees that to reduce the risk of injury, Participant shall comply with any and all safety rules, including, but not limited to, the requirement that players who are batting shall wear age-appropriate batting helmets approved by the batter’s league or by a recognized safety organization.

6. NYY’s Employees; Participant’s Insurance.

Participant understands and agrees that NYY’s employees will not provide medical advice or treatment, and NYY does not provide to participants medical or any other kind of insurance coverage. Participant certifies that Participant, either personally or through Participant’s sports league, association, or through other means, has adequate insurance coverage with respect to any and all possible losses, claims, injuries, liability, damage, or other insurable event that could occur in connection with Participant’s entry into the building. In addition, Participant acknowledges and agrees that NYY’s employees will not supervise participants’ use of the equipment or facilities.

7. Participant’s Qualifications.

Participant certifies that he/she is in good physical condition and able to participate in the activity itself, and has the skills, qualifications and training necessary for the proper and safe use of the equipment and facilities. In addition, the Participant certifies that all information provided to NYY is accurate and complete.

8. Damages.

Participant agrees to pay for any and all damages to NYY’s property caused by Participant, whether negligently, willfully, or otherwise.

9. Miscellaneous.

All references to NYY, LLC shall include its affiliates, members, officers, employees, agents, representatives, successors and assigns. This Agreement shall remain in effect for two (2) years from the date executed.

Participant, for himself/herself, and Participant’s heirs, executors, personal representatives, agents, administrators, parents or legal guardians and assigns, has executed this Agreement as of the date below.

Signature of Parent or Guardian (if Participant is under 18) / Participant’s Signature