Waiver Terms & Acknowledgement

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, US National Sports 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 parties, 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 and not limited to: ESF Ninja Fun Zone obstacle course entail certain inherent risks. Risks include but are not limited to the negligence of other participants, ESF staff 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. Certain obstacles move and are made of material that can severely injury humans. 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 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. RULES: Each person in the facility must act in the safest way possible to ensure no injuries occur. 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.