RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

Cody Campbell Fitness, Personal Trainer and indoor baseball and softball training facility located at 2532 Todd Drive, Madison WI 53713.

In consideration of participating in indoor baseball and softball training, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Cody Campbell FItness and its owners, directors, officers employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releases”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and agree as follows:

1. I acknowledge that participating in baseball and softball activities involves known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, broken bones, torn ligaments or other injuries as a result of falls or contact with other participants, death or brain damage; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
2. I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releases. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releases from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releases or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
4. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
5. In the event that I file a lawsuit, I agree to do so solely in the state where Releases’ facility is located, and I further agree that the substantive law of that state shall apply.
6. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
7. Furthermore, I hereby grant Cody Campbell Fitness permission to the rights of the participant’s image, without payment or any other consideration, for advertising purposes. By signing this document, I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence. I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.

Cody Campbell Fitness Facility Rules

FEES MUST BE PAID AND THIS WAIVER FORM MUST BE SIGNED BEFORE USING THE FACILITY. IF THE PARTICIPANT IS UNDER 18, A PARENT OR LEGAL GUARDIAN MUST SIGN THE WAIVER FORM.

• Failure to adhere to any of these, or other, rules can/will result in the cancellation of your rental.
• All payments are non-refundable. Non-payment of the rental fees will result in being locked out of the facility.
• The use of exercise equipment is NOT permitted.
• No cleats are permitted inside the facility.
• Wet, dirty, and salty shoes must NOT be worn in turf area.
• All lights must be turned off and doors locked shut after leaving.
• You may not have anything in your mouth (sunflower seeds, gum, candy, etc.) while in the turf areas of the facility. Drinks are permissible but should be consumed away from activity areas.
• Empty your pockets entirely and store your valuables in a safe location or with a guardian. We are not responsible for lost or stolen items and equipment.
• Do not touch or hang on any of the nets, they are there for your safety.
• Batting cages can be dangerous... perform at your own risk.
• Helmets are required when in Batting Cages.
• Do not attempt anything outside of your personal limitations or abilities.
• Be aware of those around you and participate with people with similar age, size, or skill level.
• Youth under the age of 16 must be accompanied by an adult at all times.
• Adults/team managers are responsible for the actions of the youths/team players in the facility. Misconduct will result in immediate termination of your rental.
• Closed-toed shoes must be worn.
• Follow all facility rules, and please keep in mind that this is a listing of just some of our general rules. It is not an all-inclusive list, and rules are subject to change.
• Spectators and those not batting or pitching enter the activity areas at their own risk.
• Please take practice pitches before inviting the batter into the cage.
• The only people swinging a bat are those in the cages or designated soft toss stations.
• Please leave the facility in a clean and tidy state at the conclusion of your rental time, i.e. pick up baseballs, return screens to initial locations. If you observe damage prior to your rental time, please email Cody Campbell Fitness. We are not responsible for any participant equipment left in our facility.