WAIVER, RELEASE OF LIABILITY

The undersigned, acknowledge, appreciate, and agree that by participating in programs provided by Frost Elite:

1.         Player RISKS BODILY INJURY, INCLUDING PARALYSIS, DISMEMBERMENT, DISABILITY AND DEATH, and while particular rules of the sport, skills, equipment, and personal discipline may reduce this risk, THIS RISK OF SERIOUS INJURY DOES EXIST, AS WELL AS THE RISK OF DAMAGE TO OR LOSS OF PROPERTY.

2.         Voluntary participation with Frost Elite may result in exposure to and/or one or other communicable disease including but not limited to COVID-19. While particular measures and discipline may reduce the risk, the risk of serious illness and death does exist, and I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the releases or others, and assume full responsibility for my participation. Frost Elite LLC, Inc. is furnishing only the opportunity to use an indoor athletic facility, and is not providing either supervision or instruction. I understand that participation in the indoor facility can be dangerous, including the possibility of serious and permanent bodily injury. In consideration of the right to use this indoor facility, I agree to assume the above risks, and release and hold harmless Frost Elite Sports LLC, and all other having any interest in this facility from all liability, negligence, causes of action, claims, demands, and damages of every kind which may arise out of my participation in activities at this facility.

3.         Parents for themselves and on behalf of Player KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE ORDINARY NEGLIGENCE OF FROST ELITE or ITS AGENTS, and assume full responsibility for Player’s participation, all with respect to any programs or activities provided by Frost Elite.  

4.         Parents  for  themselves  and  for  Player,  and  on  behalf  of  all  heirs,  assigns  and  personal  representatives,  HEREBY RELEASE,  INDEMNIFY,  HOLD  HARMLESS  and  PROMISE  NOT  TO  SUE  FROST ELITE,  their  members,  owners,  officers, officials,  volunteers,  employees,  agents,  independent  contractors  and/or  other  participants,  sponsors,  advertisers,  and, if  applicable,  the  owners  and  lessors  of  premises  used  for  the  activity  (collectively  "RELEASEES")  from  all  claims, arising  directly  or  indirectly  out  of  any  activities  or  programs  provided  by  FROST ELITE  WITH  RESPECT  TO  ANY  AND  ALL INJURY,  DISABILITY,  DEATH,  and/or  LOSS  OR  DAMAGE  TO  PLAYER  OR  PLAYER’S  PROPERTY,  WHETHER CAUSED  BY  THE  ORDINARY  NEGLIGENCE  OF  THE  RELEASEES  OR  OTHERWISE,  EXCEPT  THAT  WHICH  IS THE  RESULT  OF  GROSS  NEGLIGENCE,  RECKLESS  CONDUCT,  OR  INTENTIONAL  ACTS.  As a result, Parents freely and voluntarily and with knowledge, waive any of Parent’s rights and those rights on behalf of Player.

5.         If Parents observe any unusual significant hazard during Player’s presence or participation in any activities in the Agreement or if Parents or Player know of any concern in Player’s readiness for participation in said activity, Parents will immediately bring such to the attention of Frost Elite and remove Player from participation in the activity.

6.         Parents agree that Player participation in activities and programs provided by Frost Elite are optional, and that Player has the choice to participate in like activities with another provider. Parents and Player freely and voluntarily choose to participate with Frost Elite.  

7.         Activities and Programs provided by Frost Elite include, but are not limited to, games, training sessions, clinics, camps, teams, leagues, classes, and lessons, either provided at the Frost Elite facility or elsewhere.

8.         If any Court concludes that any provision or portion thereof of this agreement is invalid or unenforceable, that provision shall be severed from the remainder of the agreement, and all remaining provisions of this agreement shall then continue in full force. If any Court concludes that any provision is invalid in its scope, such provision shall be valid to the extent of the scope permitted by law. I expressly agree and promise to accept and assume all the risks existing in this activity. My participating in this activity is purely voluntary and I elect, in spite of the risks, to participate. I assume all the foregoing risks and accept personal responsibility for the damages following such injury. 3. On behalf of myself, my children, my parents, my heirs, assigns, personal representative I hereby voluntarily release, waive, forever discharge, and agree to indemnify and hold harmless Frost Elite Sports LLC and each of their respective commissioner, directors, agents, and other employees, its parent, subsidiaries, affiliate, employees, distributors and agents, other batting cage participants, and if applicable, operator or lessors of premises used to conduce the event/activity, from any and all liability for any and all claims, demands of causes of action which are in any way connected with my participation in this activity or my use of Players Paradise equipment or facilities. 4. I hereby certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in these activities or alternatively I agree to bear the cost of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in this activity, or else I am willing to assume and bear the costs of all risk that may be created, directly or indirectly, by any such condition. 5. I hereby certify that I am at least 18 years old, or the part or legal guardian of the participant under 18, and I agree I will wear a batting helmet at all times while in the batting cages. Where applicable, the term Parent as used in this form shall also mean Legal Guardian of the Player.

In consideration for participating in Frost Elite Sports softball camp, we as the parental guardian of the participant, whom is under the age of 18, or said participant 18 years of age or older, do hereby release, and hold harmless Frost Elite Sports and its directors, members, employees, coaches and student volunteers from any and all liability, claims or demands for personal injury, sickness or death, as well as property damage and expenses, of any nature whatsoever which may be incurred by the undersigned and/or the child-participant that occur while said participant is participating in the softball/baseball training and/or practice. Furthermore, we for ourselves and on behalf of our child participant if under the age of 18 years hereby assume all risk of personal injury, sickness, death, damage and expense as a result of participation in recreation and activities involved. the undersigned hereby agree to hold harmless and indemnify said Frost Elite Sports LLC and its directors, coaches, student volunteers and, members for any liability sustained by said school and/or Frost Elite Sports LLC as the result of the negligent, willful or intentional acts of said participant, including expenses incurred attendant thereto. We are the parents or legal guardians of this participant, or participant 18 years of age or older and hereby grant our permission for him/her to participate fully in the softball/baseball training, and hereby give our permission to take said participant to a doctor or hospital and hereby authorize medical treatment, including but not in limitation to emergency surgery or medical treatment, and assume the responsibility of all medical bills, if any. We, the parents or guardian or player involved in lessons are also aware Frost Elite Sports may take photos and/or videos of the players while participating/training and grant all rights/permission to Frost Elite Sports to record or take photos of the players/persons involved in the training and post them onto their social media platform/website for marketing purposes/brand building techniques. Frost Elite Sports requests a parent or guardian attends private training sessions for the entire duration of the lesson.  Frost Elite Sports has 24-hour surveillance both inside and outside the facility for security and liability.

FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION) This is to certify that I, as a parent/guardian, with legal responsibility for participant, have read and explained the provisions in this waiver/release to my child/ward including the risks of presence and participation and his/her personal responsibilities for adhering to the rules and regulations for protections against communicable diseases. Furthermore, my child/ward understands and accepts these risk and responsibilities. I for myself, my spouse, and child/ward do consent and agree to his/her release provided above for all the RELEASEES and myself, my spouse, child/ward do release and agree to indemnify and hold harmless the RELEASEES for any and all liabilities incident to my minor child’s/ward’s presence or participation in these activities as provided above, even if arising from negligence, to the fullest extent provided by law.

I have read this Waiver, Release of Liability and Covenant Not to Sue Form; I fully understand its terms; I understand that I have given up substantial rights by signing it, and I sign it freely and voluntarily without any inducement, duress or undue influence.  I am not relying on any representations by Frost Elite related to this Waiver, Release of Liability and Covenant Not to Sue Form.  I understand that I have the right to have my attorney review this form before I sign it.