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XCEL BASEBALL, BASEBALL & SOFTBALL TRAINING FACILITY

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, 2024

Indemnification 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

First User/Participant Name

First Name*

Last Name*

Phone*
First User/Participant Date of Birth*
First User/Participant Signature*
Second User/Participant Name

First Name*

Last Name*
Second User/Participant Date of Birth*
Second User/Participant Signature*
Third User/Participant Name

First Name*

Last Name*
Third User/Participant Date of Birth*
Third User/Participant Signature*
Fourth User/Participant Name

First Name*

Last Name*
Fourth User/Participant Date of Birth*
Fourth User/Participant Signature*
Fifth User/Participant Name

First Name*

Last Name*
Fifth User/Participant Date of Birth*
Fifth User/Participant Signature*
Sixth User/Participant Name

First Name*

Last Name*
Sixth User/Participant Date of Birth*
Sixth User/Participant Signature*
Seventh User/Participant Name

First Name*

Last Name*
Seventh User/Participant Date of Birth*
Seventh User/Participant Signature*
Eighth User/Participant Name

First Name*

Last Name*
Eighth User/Participant Date of Birth*
Eighth User/Participant Signature*
Ninth User/Participant Name

First Name*

Last Name*
Ninth User/Participant Date of Birth*
Ninth User/Participant Signature*
Tenth User/Participant Name

First Name*

Last Name*
Tenth User/Participant Date of Birth*
Tenth User/Participant Signature*
Parent/Guardian of Minor Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Photo Release

By signing this form, I waive and release XCEL from any claim or liability relating to the use of my name, likeness, image, photographic image, videographic image, or any oral or written recorded statement of mine relating to my use of XCEL facilities, services or equipment.

Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent/Guardian of Minor Name

First Name*

Last Name*

Phone*
Parent/Guardian of Minor Date of Birth*
Parent/Guardian of Minor Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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