(Read Carefully Before Purchase or Use of Any Program, Product, Related Events, or Activities)

Waiver and Release of Liability for SD Stars Baseball Academy (the “Released Parties”), and related entities and affiliates.

In consideration of purchasing and participating in the program, and related events and activities, the undersigned understands and agrees:

1. All participants in any of the activities shall be of sufficient age and maturity to participate in the activities without jeopardizing the health or safety of any other persons participating in or otherwise in the vicinity of the activities.

2. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death.

3. Participant knowingly and freely assumes all such risks, both known and unknown, even if arising from the negligence of the releasees or others and assumes full responsibility for participation.

4. Participant willingly agrees to comply with the terms and conditions for participation. If participant observes any unusual significant hazard during observation or participation, participant will remove themself from participation and bring such to the attention of the nearest official immediately.

5. Participants shall not participate in any of the activities while under the influence of drugs, alcohol, or medication that influences judgment or motor behavior.

6. Participant/Participant’s Guardian acknowledges that he or she understands the risks, hazards, and dangers that are or which may be associated with the activities and use of any of the Released Parties’ property and that he or she assumes full responsibility for and accepts these risks, and all other risks which may arise from participation in the activities, even if arising from negligence, gross negligence, or negligent rescue by those associated in any way with the activities, including, without limitation, SD Stars Baseball Academy and those organizing, directing, or participating with the Participant in the Activities, and their respective officers, directors, employees, agents, servants, volunteers, representatives, successors, heirs, family members, affiliates, assigns, and executors (collectively, the “Released Parties”).

7. Participant/Participant’s Guardian hereby releases, waives, discharges, and covenants not to sue the Released Parties, from any and all liability to the Participant, Participant’s Guardian, or their respective personal representatives, heirs, assigns, or next of kin, for any loss or damage, and from any claim or demands therefore on account of injury to the Participant, or resulting in the death of the Participant, whether caused by negligence of the Released Parties or otherwise, while the Participant is participating in the Activities and is
in, upon, or about the premises, facilities, or equipment owned or operated by any of the Released Parties.

8. Participant/Participant’s Guardian hereby agrees to indemnify and save and hold harmless the Released Parties and each of them from any loss, liability, damage, or cost (including attorney’s fees) they may incur due to the presence of the Participant in, upon or about the premises owned or operated by any of the Released Parties, or in any way observing or using any of the facilities or equipment owned or operated by any of the Released Parties, or participating in the activities, whether caused by the negligence of the Released Parties or otherwise.

9. Participant/Participant’s Guardian hereby irrevocably grants to the Released Parties for all media throughout the world (including print, nontheatrical, home video, CD-ROM, internet, and any other electronic medium presently in existence or invented in the future), the rights to use and incorporate (alone or together with other materials), in whole or in part, photographs, videotapes, and/or other recordings taken or made of the Participant as a result of the Participant’s participation in the activities. Participant/Participant’s Guardian agrees not to bring or consent to others bringing claims or actions against any of the Released Parties on the grounds that anything contained in the photographs, videotapes, or other recordings, or in the advertising and publicity used in connection therewith, is defamatory, reflects adversely on the Participant or Participant’s Guardian, or violates any other right whatsoever, including, without limitation, rights of privacy and publicity. Participant/Participant’s guardian, on his or her own behalf and on behalf of the Participant and their respective personal representatives, heirs, assigns, and next of kin, hereby releases the Released Parties from and against any and all claims, demands, actions, causes of actions, suits, costs, expenses, liabilities, and damages whatsoever that any of them may hereafter have against the Released Parties in connection with the photographs, videotapes, or other recordings. The Released Parties shall have the right to assign their rights hereunder without consent of Participant/Participant’s Guardian, in whole or in part, to any person, firm, or corporation.

10. The Released Parties have built a strong reputation and have agreed to use their reputation to promote other brands. To preserve the long-term viability of the brand, and its relationship with those entities whose brands it helps to promote, the Released Parties require that all photography, video, audio, or other recordings (“Media Content”) that you intend to take or have taken of the property must be for your personal or internal use. In addition, use of Media Content on or of the property for any commercial purpose is strictly prohibited without prior written approval by the Released Parties, which may be held in its sole discretion, to the fullest extent permitted by law. Commercial purposes include any and all commercial uses of the Media Content, including, but not limited to, the use or incorporation of the Media Content, in whole or in part, and alone or together with any other materials, in connection with any sale, promotion, or advertisement of any materials, products, or services, whether or not such sale, promotion, or advertisement results, directly or indirectly, in a profit to you or any of your affiliates, representatives, family members, successors, and assigns.

11. Participant/Participant’s Guardian further expressly agrees that the foregoing Release and Waiver of Liability and Indemnity Agreement is intended to be as broad and inclusive as is permitted by the laws 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.

12. Participant/Participant’s Guardian acknowledges that he or she has read this Release and Waiver of Liability and Assumption of the Risk Agreement in advance of participation, fully understands its terms, understands they have given up substantial rights by completing purchase, and knowingly purchases freely and voluntarily without inducement and acknowledges that participation in any of the Activities is voluntary, and further agrees that no oral representations, statements, or inducement apart from the foregoing written agreement have been made.

13. I/we, as parent(s)/guardian(s) with legal responsibility for this participant, do consent and agree not only to the release above regarding this participant’s participation in SD Stars Baseball Academy activities, but also for myself/ourselves, and my/our heirs, assigns, and next of kin, to release and indemnify the Released Parties from any and all liability incident to my/our minor child’s involvement as stated above, even if arising from the negligence of the released parties, to the fullest extent permitted by law.

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