1. Waiver of Liability, Assumption of Risk, and Indemnity Agreement XCEL BASEBALL, its owners, executives, directors, officers, employees, and agents (collectively XCEL), provides facilities, training services and equipment for use in baseball and softball training and recreational activities, such as its: employees and staff; batting cages; pitching machines; pitching mounds (bullpen areas); other training areas; protective cages; and bats, balls, and helmets for use by participants. Assumption of Risks: I understand that baseball and softball are physical activities that, by their very nature, carry certain inherent risks of injury that cannot be eliminated regardless of the care taken to avoid injuries. The use of XCELs facilities, training services and equipment involves close encounters with solid, fast moving objects and projectiles, such as bats and hard balls. Also, baseball and softball activities involve strenuous exertions of physical strength, use of various and multiple muscle groups, quick movements involving speed and change of direction, and sustained physical activity placing stress on joints and the cardiovascular system. The use of XCELs facilities, training services and equipment during these activities does not guarantee my safety. Even with the use of protective equipment, injuries relating to this type of activity may still occur as a result of factors outside of XCELs control. For example, the use of equipment not provided by XCEL, the level of the participants alertness, physical condition or athletic skill are some of the factors that may contribute to the potential for a participants injury. The specific risks of injury that may occur engaging in baseball and softball activities vary greatly, but a non-exhaustive list of examples of potential injuries include and are not limited to: 1) minor injuries such as scratches, bruises, and sprains, 2) serious injuries such as broken bones, broken teeth, concussions, eye injuries or loss of eyesight, joint injures, back injuries or heart attacks, and 3) catastrophic injuries, including paralysis and death. I understand and agree that XCEL provides its baseball and softball facilities and equipment in as is condition, without any warranty or guarantee that a specific facility or piece of equipment will eliminate a participants risk for injury, or that a specific facility or piece of equipment has been inspected or tested by XCEL prior to each individual participants use. I understand that XCEL does not inspect or test each piece of equipment (or protective caging) prior to each participants use. I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in the use of facilities, training services and equipment provided by XCEL. I hereby assert that my participation in the use of XCEL provided facilities, training services and equipment is voluntary, and that I knowingly assume all such risks. Waiver:In consideration of being permitted to use, today and on all future dates, the property (located at XCELs baseball and softball training facility in Los Alamitos, California), facilities, staff, equipment and services of XCEL, I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue XCEL, from liability from any and all claims, including claims relating to alleged negligence or breaches of contract or warranties by XCEL, resulting in personal injury, accidents, illnesses (including death), or property damage or monetary loss arising from my participation in, or my observation of, the use of baseball or softball facilities, training services or equipment provided by XCEL. March 28, 2024Indemnification and Hold Harmless: I agree to INDEMNIFY AND HOLD XCEL HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorneys fees brought as a result of my use of (or from my observation of use of) XCEL provided facilities, training services or equipment. I also agree to reimburse XCEL for any such costs, expenses, fees or damages incurred as a result of my use of (or from my observation of use of) XCEL provided facilities, training services or equipment. 2. Permission for Use of Image, Name and Statements Acknowledgment:I understand that XCEL, as part of its baseball and softball training services and that in the general operation of its business, may obtain photographs, video or other recordings of participants using the facilities, services and equipment of XCEL, regardless of the participant's age or level of skill. I hereby grant to XCEL permission to use or reproduce my name, image, likeness, photographic image, videographic image, or any oral or written recorded statement of mine relating to my use of XCEL facilities, services or equipment in any XCEL training materials, broadcast, advertisements, brochures, web-pages or web-based publications associated with XCEL. I acknowledge that XCEL will rely on this permission and release in producing, broadcasting, posting, and distributing materials containing my name, likeness, photographic image, videographic image, or any oral or written recorded statement of mine relating to my use of XCEL facilities, services or equipment. I also acknowledge and understand that I will receive no money, royalties or renumeration of any kind from XCEL related to this permission and release, or from the materials covered by this permission and release. Severability:The undersigned further expressly agrees that the foregoing waiver of liability, assumption of risks, indemnity agreement, and permission for use of image, name and statements is inteneded to be as broad and inclusive as is permitted by the law of the state of California, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect Further Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, indemnity agreement and permission for use of image, name and statements. I fully understand its terms. I understand that by signing this waiver of liability, assumption of risk, indemnity agreement and permission for use of image, name and statements, that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing this waiver of liability, assumption of risk, indemnity agreement and permission for use of image, name and statements freely and voluntarily, and that I intend, by my signature, for this to be a complete and unconditional release of all liability to the greatest extent allowed by law. March 28, 2024 |