Release of Liability
Read Carefully - This Affects Your Legal Rights
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In consideration of participation of myself and my minor child(ren) in the activity of softball training
organized by The Clubhouse Softball Academy, LLC, of 105 Green Valley Drive, Mt Zion, Illinois, 62549
and/or use of the property, facilities, and services of The Clubhouse Softball Academy, LLC, and other good
and valuable consideration in hand paid, I, agree for myself, the aforementioned minor child(ren) and for the members of my family, as follows:
1. Agreement To Follow Directions.
I have read and fully understand all rules, warnings, safety guidelines,
and expectations set forth by The Clubhouse Softball Academy, LLC which is attached hereto, as ‘Exhibit A’.
I agree to observe and obey all rules, warnings, safety guidelines, and expectations, and further agree to follow
any oral instructions or directions given by The Clubhouse Softball Academy, LLC, or the employees,
representatives, or agents of The Clubhouse Softball Academy, LLC.
2. Assumption of the Risks and Release.
I recognize that there are certain inherent risks associated with the
above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my
family members, and further release and discharge The Clubhouse Softball Academy, LLC, JCG Midwest,
Inc., their heirs, executors, administrators, assigns, members, shareholders, employees, and agents, for injury,
loss, or damage arising out of my or my child(ren)'s or family's use of the facilities or presence on the premises
of The Clubhouse Softball Academy, LLC, whether caused by the fault of myself, my family, The Clubhouse
Softball Academy, LLC or other third parties. I have full knowledge that The Clubhouse facility is equipped
with surveillance cameras and understand that myself, my children, my family at any time could be recorded in
common, public areas in an effort to provide the most secure and safe environment.
3. Indemnification.
I agree to indemnify and defend The Clubhouse Softball Academy, LLC, JCG Midwest,
Inc., their heirs, executors, administrators, assigns, members, shareholders, employees, and agents against all
claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation
costs, which may in any way arise from my or my family's use of or presence upon the facilities of The
Clubhouse Softball Academy, LLC.
4. Fees.
I agree to pay for all damages to the facilities of The Clubhouse Softball Academy, LLC caused by
any negligent, reckless, or willful actions by me or my family.
5. Applicable Law.
Any legal or equitable claim that may arise from participation in the above shall be
resolved under Illinois law.
6. No Duress.
I agree and acknowledge that I am under no pressure or duress to sign this agreement and that I
have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I
am free to have my own legal counsel review this agreement if I so desire.
7. Arm's Length Agreement.
This agreement and each of its terms are the product of an arm's length
negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this
agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal
or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party
based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. Enforceability.
The invalidity or unenforceability of any provision of this agreement, whether standing
alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of
any other provision of this agreement or of any other applications of such provision, as the case may be. Such
invalid or unenforceable provision shall be deemed not to be a part of this agreement.
9. Penalty for Non-Compliance.
Should member fail to observe and obey The Clubhouse written and verbal
direction, The Clubhouse reserves the right to revoke membership without notice for any reason and all
payments made by member shall be non-refundable.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY
AGREEING TO THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
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Exhibit A: The Clubhouse Softball Academy, LLC
Rules, Safety Guidelines, Warnings, and Expectations
1. Membership application must be filled out completely and submitted to The Clubhouse.
2. No cleats or open-toed shoes allowed. Turf or gym shoes only.
3. Water ONLY in turf area.
4. “All items must be returned to their designated place immediately after use by each member.”
5. Immediately report any issues, which may include—but are not limited to—safety concerns, equipment or facility problems, interactions with other members, theft, or damage."
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6. No gum on the premises.
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7. Balls shall not be thrown at ceiling, cameras, lights, or anywhere near the ceiling.
8. Climbing on netting, curtains, chairs, or any other objects is prohibited.
9. You must make a reservation to use the facility.
10. Cancellations will be non-refundable.
11. Keep all emergency exits clear at all times.
12. Parents, siblings, and all non-members are required to utilize the waiting room when present. Restrooms are available for use, but all other areas of The Clubhouse are reserved for members, coaches, and instructors.
13. No running in the weightroom or the South Turf Cage area.
14. Lift with a partner and utilize your partner as a “spotter” where applicable.
15. Only coaches and instructors shall operate pitching machines. Athletes are not permitted to touch the pitching machine.
16. Helmets are strongly recommended, however, are required should two athletes utilize the same cage simultaneously.
17. When the cages are in use, everyone outside the cages must remain in the designated waiting area along the west side of the cage and stay at least 10 feet away from the netting.
18. Pitchers and fielders are strongly recommended to always wear masks when using softballs for workouts/drills.
19. Catchers must wear catching gear including a catcher's mask when catching pitchers.
20. Bats shall not be swung outside the cages.
21. Weightroom use shall be available during team/instructor hours ONLY, or by scheduling the time with an approved adult instructor/coach.
22. "Facility use is for members ONLY. Parents, siblings, friends, and others are welcome to utilize the waiting room or wait outside for their athlete."
23. Adult supervision is required at all times.
24. No profanity, fighting, or rough play of any kind.
25. Do not access the turf area without your instructor or coaches’ presence and permission.
26. Clean up after yourself.
27. Any blood that is exposed for any reason must be reported to The Clubhouse management immediately.
28. Shall the first aid kit or AED machine be used for any reason The Clubhouse management should be contacted immediately.
29. Softball bags have a designated area and must be always kept in those locations with no exception.
30. The doors to the parking lot and the turf area must always remain closed.
31. Members are responsible for their own belongings. The Clubhouse is not responsible for any lost or damaged items.
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