Liability Waiver, Release & Assumption of Risk Agreement

This Liability Waiver & Release Agreement (“Agreement”) is entered into between Elite Per4mance (EP4 Training) and the participant and/or the parent or legal guardian signing below. By signing, you agree to the following terms, governed by the laws of New York:

1. 1. Instructional Program & Definitions

   Elite Per4mance (EP4 Training) operates an INSTRUCTIONAL training and player-development program providing coaching, teaching, instruction, and supervised practice in baseball, softball, hitting, pitching, fielding, throwing, and strength & conditioning. The participant is enrolling to receive instruction and skill development, not merely to use a recreational facility. In this Agreement, the “Released Parties” means EP4 Training and its owners, officers, members, managers, coaches, trainers, instructors, employees, volunteers, independent contractors, affiliates, sponsors, landlords, premises owners, and agents. “I,” “me,” and “my” refer to the participant and, where the participant is under 18, the parent or legal guardian signing below, jointly and severally.

2. 2. Assumption of All Risks (Including the Inherent Risks of Baseball)

   I understand that baseball, softball, and athletic training are inherently dangerous and involve risks that cannot be eliminated. THESE RISKS INCLUDE, WITHOUT LIMITATION, BEING STRUCK BY A BATTED, THROWN, PITCHED, OR DEFLECTED BALL; LINE DRIVES AND RICOCHETS; PITCHING MACHINES AND THEIR PROJECTILES; SWINGING BATS; COLLISIONS WITH OTHER PARTICIPANTS, WALLS, NETS, OR EQUIPMENT; SLIPS, TRIPS, AND FALLS; OVEREXERTION AND HEAT ILLNESS; AND SPRAINS, STRAINS, FRACTURES, DENTAL AND EYE INJURIES, CONCUSSIONS AND OTHER HEAD INJURIES, PERMANENT DISABILITY, PARALYSIS, AND DEATH. I KNOWINGLY, FREELY, AND VOLUNTARILY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, AND WHETHER OR NOT CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, and I assume full responsibility for the participant’s participation.

3. 3. Duty to Remain Alert and Attentive at All Times

   I understand and agree that staying alert is essential to safety in a baseball environment. The participant MUST REMAIN ALERT, ATTENTIVE, AND AWARE OF THEIR SURROUNDINGS AT ALL TIMES while on the premises — including watching at all times for batted, thrown, and pitched balls and for active pitching machines and hitting stations; never turning their back to live hitting or throwing; remaining behind protective netting and screens; not entering an active cage, tunnel, or hitting lane without staff direction; wearing all required protective equipment; and following every instruction and safety rule given by EP4 staff. I accept responsibility for any injury or loss resulting from the participant’s failure to remain alert and attentive or to follow instructions.

4. 4. Release and Waiver of Liability

   IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE, I HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE RELEASED PARTIES FROM AND FOR ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, DAMAGE, INJURY, OR DEATH SUSTAINED IN CONNECTION WITH PARTICIPATION OR PRESENCE AT THE FACILITY, INCLUDING ANY SUCH LOSS CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, TO THE FULLEST EXTENT PERMITTED BY THE LAW OF THE STATE OF NEW YORK. This release is intended to be as broad and inclusive as New York law allows. I am not relying on any oral or written representation other than this Agreement.

5. 5. Indemnification and Hold Harmless (Including Claims of a Minor)

   TO THE FULLEST EXTENT PERMITTED BY LAW, I AGREE TO DEFEND, INDEMNIFY, AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DEMANDS, JUDGMENTS, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO THE PARTICIPANT’S PARTICIPATION OR PRESENCE AT THE FACILITY — INCLUDING ANY CLAIM BROUGHT BY, ON BEHALF OF, OR THROUGH THE PARTICIPANT (INCLUDING A MINOR), A PARENT, GUARDIAN, FAMILY MEMBER, OR ANY THIRD PARTY. If the participant is a minor, the parent/guardian signing below expressly agrees that this indemnification obligation applies to and covers any claim asserted on the minor’s behalf.

6. 6. Parent / Guardian Consent and Representations for Minors

   If the participant is under 18 years of age, I represent that I am the parent or legal guardian with full legal authority to sign for the participant. I consent to the participant’s participation; I WAIVE AND RELEASE ANY AND ALL CLAIMS I MAY HAVE IN MY OWN RIGHT (including derivative claims such as loss of services, companionship, or medical expenses); and I agree to the indemnification in Section 5 with respect to any claim brought on the minor’s behalf. I understand and intend that this Agreement binds me, my marital community, and my heirs, executors, administrators, and assigns.

7. 7. Medical Authorization and Financial Responsibility

   I authorize the Released Parties, in the event of injury or illness and where I cannot be reached, to arrange and consent to first aid, emergency medical treatment, transportation, and care they deem appropriate. The Released Parties are NOT responsible for, and shall not be liable for, any medical or other expenses, treatment, or costs incurred, and I accept full financial responsibility for all such care.

8. 8. Health, Fitness & Disclosure Representations

   I represent that the participant is in good physical condition, has no medical condition, injury, or limitation that would make participation unsafe, and is medically cleared to engage in strenuous physical activity. I agree to disclose all relevant conditions, allergies, and limitations to EP4 and to immediately stop activity and seek medical attention at the first sign of injury, pain, or illness. I understand EP4 is not a medical provider and does not give medical advice.

9. 9. Communicable Illness

   I acknowledge that an inherent risk of exposure to communicable illnesses exists in any shared training facility. I voluntarily assume the risk of exposure or infection and release the Released Parties from any claim arising from such exposure in connection with participation or presence at the facility.

10. 10. Photo, Video & Likeness Release

    I grant Elite Per4mance (EP4 Training) the perpetual, irrevocable, royalty-free right to photograph and record the participant and to use the participant’s image, video, voice, and likeness for promotional, marketing, social-media, and commercial purposes, without compensation, unless I notify EP4 in writing to opt out.

11. 11. Facility Rules, Conduct & Right to Remove

    I agree that the participant will obey all posted rules, safety guidelines, and staff instructions. EP4 reserves the right, in its sole discretion, to refuse, suspend, or remove any participant for unsafe conduct, misconduct, or violation of its policies, without refund and without liability.

12. 12. Governing Law, Venue, Jury-Trial Waiver & Attorneys’ Fees

    This Agreement is governed by and construed under the laws of the State of New York, without regard to conflict-of-law principles. I agree that any dispute shall be brought EXCLUSIVELY in the state or federal courts located in New York, that I submit to the personal jurisdiction of those courts, and that I WAIVE ANY RIGHT TO A TRIAL BY JURY. If any Released Party prevails in any action to enforce or defend under this Agreement, it shall be entitled to recover its reasonable attorneys’ fees and costs.

13. 13. Severability, Savings & Survival; Entire Agreement

    I intend this Agreement to be enforced as broadly as New York law allows. If any provision (or any application of it) is held invalid or unenforceable, that provision shall be reduced, limited, or severed only to the minimum extent necessary, the remainder shall continue in full force, and the assumption of risk, covenant not to sue, and indemnification obligations shall survive independently. This is the entire agreement between the parties on its subject matter and supersedes any prior understanding.

14. 14. Voluntary, Knowing & Binding Acknowledgment

    I have had the opportunity to read this Agreement carefully, to ask questions, and to consult an attorney. I am signing freely and voluntarily, not under duress, and I intend to be legally bound. I UNDERSTAND THAT BY SIGNING I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR THEIR ORDINARY NEGLIGENCE.