Prospect Program Hitting (Ages 11-12)

ELITE PER4MANCE — WAIVER OF LIABILITY, ASSUMPTION OF RISK & INDEMNIFICATION AGREEMENT

In consideration of being permitted to participate in any training, instruction, lessons, cage or tunnel rentals, classes, camps, clinics, strength & conditioning, evaluations, and any use of the facility, equipment, or premises (collectively, the "Activities") operated by Elite Per4mance / Per4mance Group LLC and its owners, coaches, trainers, employees, contractors, and affiliates (collectively, "EP4"), I, the undersigned participant and/or the parent or legal guardian of the minor participant, agree to the following on behalf of myself, the participant, and our heirs, assigns, and representatives:

1. ASSUMPTION OF RISK. I understand that baseball and athletic training involve inherent and other risks, including but not limited to: being struck by a ball, bat, or equipment; collisions; slips, trips, and falls; muscle strains, sprains, fractures, dislocations, concussions and other head injuries; cardiac events; permanent disability; paralysis; and death. I knowingly and voluntarily ASSUME ALL SUCH RISKS, both known and unknown, even those arising from the negligence of EP4, and accept full responsibility for participation.

2. RELEASE & WAIVER. To the fullest extent permitted by law, I hereby RELEASE, WAIVE, DISCHARGE, and COVENANT NOT TO SUE EP4 from any and all liability, claims, demands, actions, or causes of action of any kind arising out of or related to any loss, damage, injury, illness, or death sustained in connection with the Activities, INCLUDING any caused by the ordinary negligence of EP4.

3. MEDICAL FITNESS & TREATMENT. I represent that the participant is in good physical health and able to participate. I authorize EP4 to arrange or administer emergency first aid or medical treatment as reasonably necessary, and I am solely responsible for all related costs. EP4 is not responsible for providing medical care.

4. INDEMNIFICATION. I agree to INDEMNIFY, DEFEND, and HOLD HARMLESS EP4 from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) brought by or on behalf of the participant or any third party arising from the participant's presence at or participation in the Activities.

5. PARENT / GUARDIAN CONSENT (MINORS). If the participant is under 18, I represent that I am the parent or legal guardian with authority to sign this agreement on the minor's behalf, and I agree to be bound by all of its terms — including the release and indemnification — on behalf of myself and the minor.

6. MEDIA RELEASE. I grant EP4 permission to photograph and record the participant during Activities and to use such media for instructional, promotional, and marketing purposes without compensation.

7. SEVERABILITY & GOVERNING LAW. This agreement is governed by the laws of the State of New York. If any provision is held unenforceable, the remaining provisions remain in full force and effect, and this agreement shall be construed as the broadest release and waiver permitted by law.

BY CHECKING THE BOX AND CREATING AN ACCOUNT, I ACKNOWLEDGE THAT I HAVE READ THIS WAIVER, FULLY UNDERSTAND IT, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, AND AGREE TO IT FREELY AND VOLUNTARILY.

ELITE PER4MANCE — TERMS & CONDITIONS

These Terms govern your use of Elite Per4mance / Per4mance Group LLC ("EP4") services, facility, website, and booking platform.

1. ACCOUNTS. You must provide accurate information and are responsible for all activity under your account. Parents/guardians are responsible for their athletes' use.

2. BOOKINGS & PAYMENT. A booking is confirmed only when payment is completed. Prices are in U.S. dollars. Payments are processed securely by Stripe; EP4 does not store full card numbers. You authorize EP4 to charge the selected service, any add-ons, and applicable taxes and fees.

3. CANCELLATIONS & NO-SHOWS. Cancellations made at least 24 hours before the start time may receive a credit. Cancellations within 24 hours, late arrivals that miss the session, and no-shows may be charged the full amount. (EP4 may adjust this window; the policy shown at booking applies.)

4. MEMBERSHIPS. Recurring memberships bill automatically each period until cancelled in accordance with the membership's stated terms. Fees already charged are non-refundable except where required by law.

5. FACILITY RULES & CONDUCT. Participants must follow all posted rules and staff instructions, wear appropriate athletic attire and footwear, and refrain from unsafe, abusive, or disruptive conduct. EP4 may refuse service to, remove, or suspend any person for safety or conduct reasons without refund.

6. PERSONAL PROPERTY. EP4 is not responsible for lost, stolen, or damaged personal property brought onto the premises.

7. LIMITATION OF LIABILITY. To the fullest extent permitted by law, EP4's total liability for any claim arising from the services is limited to the amount you paid for the specific service giving rise to the claim. EP4 is not liable for any indirect, incidental, special, or consequential damages.

8. PRIVACY. Information you provide is used to operate your account, bookings, and communications, and is not sold to third parties.

9. CHANGES TO TERMS. EP4 may update these Terms from time to time; your continued use constitutes acceptance of the updated Terms.

10. CONTACT. Questions about these Terms or the Waiver: [email protected] · Elite Per4mance, 34-01 38th Ave, Suite 202, Long Island City, NY 11101.