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Waiver

STADIUM CAGES, LLC WAIVER, RELEASE PLEASE READ
CAREFULLY AND SIGN THIS DOCUMENT.
I agree that I understand the nature of Stadium Batting Cages / Stadium Cages, LLC (SBC) Activities and that me or my child isvoluntarily participating in these activities offered by including but not limited to, the use of the equipment, facilities, and premises. I am assuming, on behalf of myself and/or my child, all risk of personal injury, death or disability to me and/or my child that might result from that participation, or any damage, loss or theft of any personal property which I or my child may incur while on the premises. I understand the nature of SBC activities and that it is an inherently dangerous activity involving strenuous physical exertion and that among the risk I and/or my child will be exposed are the risks of serious bodily injury and death. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in Activity.

I understand and assume the above risk of injury, permanent disability, paralysis and or death related to this activity. I understand that participating in events at SBC requires considerable exertion and physical stress. I hereby represent and certify that I and/or my child is fit to undertake this activity and that I do not or my child does not suffer from any physical or psychological conditions that would prevent me and/or my child from participating in any activity.

I agree on behalf of myself and/or my child and my/their personal representatives, successors, heirs, and assigns to hold SBC its owners, affiliates, officers, directors, agents, instructors, employees, and members, as well the property owner and tenants of the property and the owners, sellers, manufacturers and installers of the equipment comprising SBC, (collectively, the "Releases") harmless from any and all claims or causes of action arising out of my and/or my child's participation at SBC.

I expressly release and discharge Releasees from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury or death to me and/or my child/ward, while participating in any of the activities, including without limitation, use of any equipment, receiving instruction, strenuous bodily movement, exposure to extreme conditions, and contact with the machine or parts thereof. This release is valid and effective whether the damage, loss or death is a result of any act or omission (INCLUDING WITHOUT LIMITATION NEGLIGENCE, GROSS NEGLIGENCE, OR STRICT LIABILITY) on the part of any of Releasees or from any other cause. This Waiver and Release of all liability includes, without limitation, injuries, illness, or accidents, which may occur as a result of (a) use of the facility or its improper maintenance, (b) use of any equipment which may malfunction or break, (c) improper maintenance of any equipment, (d) instruction or supervision, or (e) slipping and falling while in the facility or on the surrounding premises. In this regard, I acknowledge that my use or my child's use of the Stadium Cages' facility is solely at my own risk and that any and all of my or my child's activities while at the facility shall be in the facility's "as is, where is" condition and with all faults, and without any representation or warranty, expressed or implied on the party of the Releasees or any other person or entity, concerning the condition of any such property, or any other matter whatsoever.

I UNDERSTAND THAT I VOLUNTARILY GIVE UP MY RIGHT TO SUE THE ABOVE MENTIONED PARTIES FOR ANY REASON WHATSOEVER.

I further grant SBC the right to photograph and/or videotape me and/or my child and to use my name, face, likeness, voice and appearance, and/or my child's name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BEHALF OF MYSELF AND/OR MY CHILD/WARD TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST
RELEASEES. IF ANY ATTEMPT FOR SUCH CLAIM IS MADE, I UNDERSTAND I WILL BE RESPONSIBLE FOR ALL DEFENSE COSTS INCURRED BY RELEASEES.

I agree in consideration for executing this Release and Waiver of Liability, SBC. is allowing me and/or my child to participate in the activities. I further agree that in the event that any provision in this Release and Waiver of Liability is unenforceable under applicable law, the remaining provisions shall be enforced to the fullest lawful extent. I have read the above, been given the opportunity to ask questions, considered its effects, understand its content, and agree, on behalf of myself and my child/ward, to the terms as stated above.

MINOR RELEASE
AND l, THE MINOR'S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF STADIUM BATTING CAGES/ STADIUM CAGES, LLC ACTIVITIES AND THE MINOR'S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH
OF THE RELEASEE'S FROM ALL LIABILITY CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR'S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATION AND FURTHER AGREE THAT IF, DESPITE THIS RELEASE, l,
THE MINOR, OR ANYONE ON THE MINOR'S BEHALF MAKES A CLAIM AGAINST ANY OF THE RELEASEES NAMED ABOVE, I WILL INDEMNITY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM.

By acknowledging and/or signing this release, I acknowledge that I understand its content and that this release cannot be modified orally.

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