Waiver

Elite Sports Factory Waiver & Acknowledgement In consideration of the services of Elite Sports Factory LLC, Elite Sports Factory Holdings LLC, LM Basketball, Warrior Ninja Gym, Elite Baseball Factory their agents, owners, principals, directors, officers, members, managers, affiliates, volunteers, participants, employees, representatives, agents, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “ESF”), I hereby agree to release, indemnify, and discharge on behalf of myself, my spouse, my children, my parents, heirs, assigns, personal representative and estate as follows: 1. I acknowledge that my participation in ESF games, training or activities entails known and unknown risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: ESF ninja gym and obstacle course entail certain inherent risks. Risks include but are not limited to the negligence of other participants or myself, injuries including rope burns, sprains, fractures, dislocations, scrapes, bruises and cuts, pinched fingers, and injuries to the head, back or neck which can cause paralysis and even death. Participants may fall off equipment, sprain or break wrists, ankles and legs, and can suffer more serious injuries as well. Traveling through the obstacle course raises the possibility of any manner of transportation accidents. Participants may fall on each other resulting in broken bones and other serious injuries. The primary frame obstacles and running and climbing on the walls is dangerous and can cause serious injury and must be done at the participant’s own risk. There is also a risk of colliding with or being landed on by course participants of a different size. In any event, if you or your child is injured, you or your child may require medical assistance, at your own expense. The basketball area is made of hardwood. Landing on the hardwood or colliding with other basketball participants may cause injury. The baseball training area has fast moving baseballs and heavy bats. Getting hit in the baseball area could result in injury. The training gym has weights and training equipment that require proper usage to avoid injury. Furthermore, ESF employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s health or abilities. They may give incomplete warnings or instructions, and the equipment being used might malfunction. 2. I acknowledge that I have read ESF’s posted rules and regulations governing the use of the ESF equipment and facilities, and I agree that I will fully comply with these rules and regulations. I will likewise: (i) participate in all ESF activities at my own pace and at my own risk; (ii) use good judgment and not overexert myself while using ESF equipment and facilities; and (iii) follow any ESF instructions concerning the use of ESF equipment and facilities. If I have any questions regarding the use of ESF equipment and facilities, I will consult an ESF employee. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. 3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ESF from any and all claims, demands, or causes of action, which I may sustain while on the premises or which are in any way connected with my participation in ESF activities or my use of ESF’s equipment or facilities including any such claims based upon damages caused or alleged to be caused in whole or in part by the negligent acts or omissions of ESF. 4. Should ESF or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, including to defend or respond to any claim which I have waived or from which I have released ESF hereunder, I agree to indemnify and hold them harmless for all such fees and costs. 5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in ESF activities, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. 6. In the event that I file a lawsuit against ESF, I agree to do so solely in the state of Pennsylvania, and I further agree that the substantive law of Pennsylvania shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. 7. In consideration for not being required to sign a fresh copy before each visit, I agree that this Participation Agreement, Release and Assumption of Risk shall apply to all visits by me/Participant(s) within one year of this date. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against ESF on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. I understand and agree that no change or modification to the terms of this document is valid or enforceable against ESF. I further grant ESF, the right to photograph, videotape, and/or record me and/or my child/ward and to use my or my child’s/wards’ name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising and promotional materials without reservation or limitation. I would like to receive free email promotions and discounts to the email address provided above. I may unsubscribe to emails from Elite Sports Factory at any time. ELITE SPORTS FACTORY COVID-19 / Coronavirus Waiver Addendum I (and my minor children) “I” agree to waive all direct and indirect liability of Elite Sports Factory (“ESF”), including all volunteers, board members, coaches, umpires, agents and/or related parties, for any and all activities conducted at ESF permitted premises or organized by or related to ESF. This also applies to my minor children, if applicable. I agree to waive all direct and indirect liability for, but is not limited to, all injuries, accidents, interactions, and any health-related events (including the contraction or adverse outcome related to a virus or any other health-related event) while attending or participating in training, games, events, organized or casual event, coaching, and active and/or passive spectator activities (“Activities”). This includes all Activities conducted at all indoor and outdoor athletic areas, all spectator areas, parking lots, and any other direct or indirect area associated with ESF permitted facilities (“Facilities”). I assume all personal, commercial, and any other risk including any or all injury and/or damage that might be sustained, regardless of as a player, attendee, a spectator, or otherwise. I agree that participation in any and all Activities is voluntary and assumes all risk, known and unknown, associated with same. I agrees on behalf of myself and minor children (and your spouse, all your children, personal representatives, heirs, executors, administrators, agents, and assigns) to forever release and discharge ESF, their officers, directors, employees, volunteers, coaches and any and all representatives and assigns from any and all claims or causes of action (known or unknown) arising out of negligence of ESF, whether active or passive, or that of any of its affiliates, employees, representatives or related agents. This waiver and release of liability includes, without limitation, injuries which may occur as a result of (a) my use or my children’s use of any equipment or facilities which may malfunction or break, (b) ESF’s improper maintenance of any and all equipment or facilities, (c) ESF's negligent instruction or supervision, including personal training and coaching, (d) me or my child slipping or tripping and falling at an ESF event, (e) any negative health event, including the contraction or infection of any virus, including the coronavirus and Covid-19, regardless of the level of safety precautions or cleanliness of the facility. By executing this Agreement, I hereby agree to indemnify and hold harmless ESF from any loss, liability, damage, or cost these parties may incur due to your presence at an ESF event or during any direct or indirect Activities. I further expressly agree that the forgoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by laws of the state of Pennsylvania, and that if any portion of this agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. Further, I agree to wear proper footwear, clothing and proper protective equipment, including but not limited to helmets and other head covering, and any related padding during Activities. I also agree to use caution, care, and be alert while swinging and using athletic equipment, and to be alert to athletic equipment such as baseball/softball bats and balls. I agree to follow all safety rules, all posted safety instructions, and all rules common in Activities. I understand and accept the risks inherent in athletic activities and specifically to baseball, basketball and softball. Parent authorizes any representative, volunteer, officer and/or director of the league to call for medical assistance and to act as an agent to provide medical care directly or by a third-party for the Player. In consideration of being permitted to participate, on behalf of myself, my family, my heirs, and my assigns, I hereby releases ESF, its directors, officers, employees, volunteers, representatives and agents from liability for injury, loss, health-related event including but not limited to the contraction of a virus, or death, while in anyway associated with participating in any ESF activity, individual/group lesson, camp or program both indoor and outdoor now or in the future regardless of negligence of ESF, its volunteers, staff and associates.