208 BASEBALL LLC

FACILITY ENTRY & PARTICIPATION WAIVER

208 Baseball LLC | 11199 W Silverhawk Drive, Kuna, Idaho

IMPORTANT — PLEASE READ

By entering, visiting, observing, using, training, practicing, or participating at 208 Baseball LLC (“208”), I acknowledge and voluntarily assume the risks associated with an athletic facility and agree to the terms of this Waiver.

RISKS OF ENTRY & PARTICIPATION

Facility/Premises: Slips, trips, falls, stairs, steps, ramps, railings, floors, turf, turf seams, flooring transitions, mats, thresholds, doors, walkways, hallways, benches, chairs, bleachers, walls, fences, nets, poles, lighting, electrical equipment, cords, bags, personal belongings, debris, dust, dirt, water, cleaning, maintenance, repairs, construction, and changing facility conditions. Baseball/Softball: Pitched balls, batted balls, foul balls, thrown balls, errant throws, wild pitches, line drives, fly balls, ground balls, deflected balls, rebounding balls, baseballs, softballs, bats, broken bats, dropped or thrown equipment, gloves, helmets, catcher’s equipment, bases, pitching mounds, running, throwing, hitting, pitching, catching, fielding, sliding, jumping, collisions, and other baseball or softball activities. Batting Cages/Netting: Balls entering or leaving cages, rebounding balls, cage frames, cage doors, netting, screens, support poles, pitching machines, ball machines, equipment malfunction, unexpected equipment movement, equipment entering or leaving cages, adjacent cage activity, and being struck by a ball or equipment. Weight Room/Strength Training: Barbells, dumbbells, weight plates, kettlebells, medicine balls, resistance bands, cables, racks, benches, platforms, boxes, machines, dropped or falling weights, moving or tipping equipment, malfunctioning equipment, pinching or crushing injuries, falling, being struck by equipment, improper equipment use, overexertion, exhaustion, dehydration, strains, sprains, fractures, dislocations, and other training injuries. Turf/Field/Training Areas: Turf, dirt, clay, mats, bases, mounds, cones, hurdles, agility ladders, ropes, resistance equipment, training equipment, running, sprinting, jumping, cutting, sliding, sudden changes in direction, collisions with people, equipment, or structures. Other Persons: Actions or omissions of players, coaches, instructors, trainers, employees, contractors, parents, guardians, spectators, guests, visitors, teams, tournament participants, vendors, and other facility users. Medical/Environmental: Heat, cold, humidity, poor air quality, dust, allergens, noise, dehydration, exhaustion, overexertion, illness, allergic reactions, existing or unknown medical conditions, sudden illness, fainting, concussion, head injury, neck injury, back injury, muscle injury, ligament injury, tendon injury, joint injury, fracture, dislocation, paralysis, permanent disability, serious bodily injury, and death. I understand that these risks may occur while I am actively participating or simply entering, exiting, walking through, standing, sitting, observing, or otherwise being present at the facility. ASSUMPTION OF RISKI acknowledge that not all risks can be eliminated and that additional known, unknown, foreseeable, or unforeseeable risks may exist. I voluntarily assume all risks associated with entering, being present at, observing, using, or participating at 208, to the fullest extent permitted by law. RELEASE OF LIABILITY IN CONSIDERATION FOR BEING PERMITTED TO ENTER, REMAIN AT, OBSERVE, USE, OR PARTICIPATE AT 208, I EXPRESSLY RELEASE, WAIVE, DISCHARGE, AND AGREE NOT TO SUE 208 BASEBALL LLC, ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, COACHES, INSTRUCTORS, TRAINERS, CONTRACTORS, AGENTS, VOLUNTEERS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FOR CLAIMS ARISING FROM OR RELATED TO MY ENTRY INTO, PRESENCE AT, USE OF, OR PARTICIPATION AT 208, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THIS RELEASE EXPRESSLY INCLUDES CLAIMS BASED UPON ORDINARY NEGLIGENCE, INCLUDING CLAIMS INVOLVING PREMISES CONDITIONS, FACILITY MAINTENANCE, INSPECTION, OPERATION, SUPERVISION, EQUIPMENT, STAIRS, FLOORS, TURF, BALLS, BATS, CAGES, WEIGHT EQUIPMENT, TRAINING EQUIPMENT, OTHER PARTICIPANTS, OR OTHER ORDINARY NEGLIGENT ACTS OR OMISSIONS, TO THE MAXIMUM EXTENT SUCH CLAIMS MAY LAWFULLY BE RELEASED. FACILITY RULE: I agree to follow all posted signs, safety procedures, facility rules, and instructions from 208 personnel. I understand that parents and spectators may be required to remain in designated areas, including the upstairs/mezzanine area, and that turf, cages, training areas, weight areas, and other designated areas may be restricted to authorized players, coaches, or personnel. MEDICAL RESPONSIBILITY: I represent that I am reasonably capable of participating in the activities I undertake and agree to notify 208 of known medical conditions, injuries, restrictions, allergies, or other conditions affecting participation. I understand that 208 does not provide medical diagnosis or treatment and that I am responsible for medical expenses and treatment. I authorize 208 personnel to contact emergency medical services when reasonably necessary. MINOR PARTICIPANTS: If the Participant is under eighteen (18), I represent that I am the Participant’s parent or legal guardian and have authority to sign this Agreement. I have reviewed this Agreement, understand the risks, and voluntarily authorize the minor to enter and participate at 208. I understand that applicable law may limit the ability of a parent or guardian to waive certain claims belonging to a minor, and this Agreement is intended to be enforced to the maximum extent permitted by law. INDEMNIFICATION: To the fullest extent permitted by law, I agree to indemnify and hold harmless 208 Baseball LLC and the Released Parties from claims, damages, losses, liabilities, costs, and reasonable attorneys’ fees arising from my negligent or wrongful acts, misconduct, violation of facility rules, or damage caused by me. SEVERABILITY: If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain effective to the fullest extent permitted by law, and any provision found overly broad shall be enforced to the maximum extent legally permitted. ELECTRONIC ACCEPTANCE: By checking the box below, entering my legal name, and submitting this form electronically, I acknowledge that I have read and understand this Agreement, understand that I am giving up certain legal rights, and voluntarily agree to its terms to the maximum extent permitted by law.

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