Student Informed Consent, Waiver and Release of Liability

(Must be completed and on file prior to Program participation)

The undersigned (“Student”), hereby agrees and consents to the following: I am voluntarily participating in the Baseball Skills and Training Program (the “Program”) offered by Styx Baseball Academy LLC (“Styx Baseball”).

1.  Recognition of Inherent Risks.

a.  I hereby understand and acknowledge that the training equipment, training fields and facilities, training programs, and/or events used or held by Styx Baseball may expose me to many inherent risks including, but not limited to, accidents, injuries, illness, permanent disability or even death. I assume all risk of injuries associated with participation including, but not limited to, falls, contact injuries, equipment failures, infections, contact with other participants, the effects of the weather, including high heat and/or humidity, and all other such risks being known and appreciated by me.

b.  I understand that in the Program I will progress at my own pace. If I experience any pain or discomfort, I will listen to my body and ask for support and assistance from the Instructor. I recognize that the Program requires physical exertion that may be strenuous at times and may cause physical injury and I am fully aware of the risks and hazards involved.

c.  I acknowledge that it is recommended that I seek approval from my physician before implementing a fitness, exercise or training regimen, as there may be significant health risks associated with these activities.

d.  I declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in any training, fitness or exercise activity. I acknowledge that I have either had a physical examination and have been given a physician’s permission to participate in these activities, or I have decided to participate in these activities without the approval of my physician.

e.  I understand that in the event of accident or injury, personal judgment may be required by the Styx Baseball Instructor, employees, agents, representatives, or volunteers regarding what actions should be taken on my behalf. Nevertheless, I acknowledge that the Instructor, and/or the Styx Baseball personnel, may not legally owe me a duty to take any action on my behalf. If medical care is rendered to me by Instructor and/or Styx Baseball personnel, I consent to that care if I am unable to give my consent for any reason at the time the care is rendered.

2.  Responsibility to Communicate Physical or Mental Restrictions in Writing.

I hereby acknowledge my responsibility in communicating, in writing, any physical and psychological concerns that might conflict with participation in Program activity, and presenting those concerns to the owner of Styx Baseball prior to participating. I acknowledge that I am physically fit and mentally capable of performing the physical activity I choose to participate in.

3.  Waiver of Liability.

In consideration for being permitted to participate in the Program, and for my use of the exercise equipment, facilities and venues provided by Styx Baseball, and because I assume all risks involved in such participation and use, I expressly agree and contract, on behalf of myself, my heirs, executors, administrators, successors and assigns, that Styx Baseball and its Instructors, officers, agents, employees, organizers, insurers, directors, associates, representatives, and successors (the “Released Parties”), shall not be liable for any damages arising from personal injuries (including death) or other damages (both economic and non-economic) sustained by me, on, or about the premises, or as a result of the use of the training, Programs, events, equipment orfacilities, regardless of whether such injuries result, in whole or in part, from the negligence of Styx Baseball. I understand and agree that Styx Baseball is not responsible for my property that is lost, stolen, or damaged while participating in the Program.

4.  Waiver, Hold Harmless, Assumption of the Risk, and Indemnification.

(a)  WAIVER AND HOLD HARMLESS OF CLAIMS FOR PERSONAL INJURY OR DEATH: STYX BASEBALL SHALL NOT BE RESPONSIBLE FOR ANY PERSONAL INJURY TO, OR DEATH OF, STUDENT CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF STYX BASEBALL OR ANY OF ITS STUDENTS, INSTRUCTORS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, CONTRACTORS OR OTHER PERSONS IN OR NEAR THE PROGRAM FACILITY OR ANY OTHER VENUE ASSOCIATED WITH STYX BASEBALL. NOR SHALL STYX BASEBALL BE RESPONSIBLE FOR ANY PERSONAL INJURY OR DEATH TO STUDENT CAUSED BY ACTIONS OR INACTIONS OF ANY THIRD-PARTIES OR THE RESULT OF NATURAL CAUSES, SUCH AS STORM, WIND, ETC. STUDENT HEREBY HOLDS HARMLESS AND RELEASES STYX BASEBALL AND ANY OF ITS STUDENTS, INSTRUCTORS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, CONTRACTORS OR OTHER PERSONS IN OR NEAR STYX BASEBALL FACILITIES FOR ANY OF THE CLAIMS OR DAMAGES DESCRIBED IN THISPARAGRAPH (a).

(b)  ASSUMPTION OF THE RISK: STUDENT ACKNOWLEDGES AND REPRESENTS TO STYX BASEBALL THAT STUDENT UNDERSTANDS THAT STUDENT HEREBY ASSUMES ALL RISKS ASSOCIATED WITH THE ACTIVITIES OR ANY OTHER EVENTS OCCURING AT THE PROGRAM FACILITIES, OR ANY OTHER VENUE ASSOCIATED WITH STYX BASEBALL, WHICH RISKS INCLUDE, BUT ARE NOT LIMITED TO SERIOUS PERSONAL INJURY TO OR DEATH OF STUDENT. STUDENT HEREBY AGREES TO ASSUME AND ACCEPT ALL SUCH RISKS, INCLUDING, BUT NOT LIMITED TO, ALL RISKS DESCRIBED IN PARAGRAPH (a) AND (b) HEREOF. STUDENT FURTHER ACKNOWLEDGES AND REPRESENTS THAT STUDENT IS AWARE THAT STYX BASEBALL WILL NOT PROVIDE SECURITY FOR STORAGE OF ANY PERSONAL PROPERTY OR ITEMS, AND THAT STUDENT ASSUME ALL RISKS ASSOCIATED WITH SUCH STORAGE.

(c)  INDEMNIFICATION OF CLAIMS FOR PROPERTY DAMAGE OR THEFT, AND PERSONAL INJURY OR DEATH: TO THE FULLEST EXTENT PERMITTED BY LAW, STUDENT AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS STYX BASEBALL, AND ITS STUDENTS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, CONTRACTORS, OR OTHER PERSONS IN OR NEAR THE PROGRAM FACILITY, OR ANY OTHER VENUE ASSOCIATED WITH STYX BASEBALL, AGAINST ANY ANDALL CLAIMS, DEMANDS, SUITS OR LOSSES, AND FOR ANY DAMAGES WHICH MAY OTHERWISE BE ASSERTED, CLAIMED OR RECOVERED AGAINST OR FROM STYX BASEBALL, ITS INSTRUCTORS, STUDENTS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, CONTRACTORS, OR OTHER PERSONS IN OR NEAR STYX BASEBALL FACILITIES, WHICHRELATE TO OR ARISE FROM ANY OF THE RISKS DESCRIBED IN PARAGRAPH (a) (b) AND (c) HEREOF.

5.  Waiver of Jury Trial.

STYX BASEBALL AND STUDENT HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANYRIGHT THEY MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS WAIVER AND RELEASE OF LIABILITY OR USE OF STYX BASEBALL FACILITIES OR VENUES(WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY).

6.  Covenant Not To Sue.

I, on behalf of myself and my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf, agree never to institute any suit or action at law or otherwise against any of the Released Parties, or to initiate or assist in the prosecution of any claim for damages or cause of action which I or my heirs, executors, administrators, personal representatives, and/or anyone else claiming on my behalf, may have by reason of injury to my person or property, or my death, arising from my participation in the Styx Baseball Program or use of the Styx Baseball facilities or venues, whether caused by the negligence and/or other fault, either active or passive, of any of the Released Parties, or from any other cause. Should any such suit or action at law or otherwise be instituted against any of the Released Parties, I agree that such Released Parties shall be entitled to recover such suit or action, including any appeals there from.

7.  Compliance with Rules.

I agree to comply with all rules imposed by Styx Baseball regarding the participation in the Program, use of the facilities and venues, and equipment. I agree to conduct myself in a controlled and reasonable manner at all times, and to refrain from using any equipment, training, or property in a manner inconsistent with its intended design and purpose.

8.  Audio/Visual Release.

I grant my permission and license to Styx Baseball and any transferee or licensee, to utilize any photographs, video, audio recordings and other references or records which may depict, record or refer to me (“Likeness”) for any purpose, including commercial use by Styx Baseball and their licensees. This permission and license is for use anywhere in the world and on the Internet and for an unlimited period of time. I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of my Likeness and that I will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use my Likeness.

9.  Miscellaneous.

a.  If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

b.  This Informed Consent, Waiver and Release of Liability agreement will be governed and interpreted by the laws of the State of Texas without regard to its conflicts of law provisions. The parties hereby agree to the sole and exclusive jurisdiction of the state and U.S. federal courts having jurisdiction in the County in Texas in which Styx Baseball maintains its principal office for any dispute arising out of this Agreement.

c.  This Waiver and Release of Liability may not be altered, amended, or modified except by an instrument in writing executed by the Student. A waiver of any condition or term of this Waiver and Release of Liability by Styx Baseball shall not be deemed a continuing waiver of that term or condition nor shall it be deemed a waiver of any other condition or term of this Waiver and Release of Liability.

d.  This Agreement shall be construed broadly to provide a waiver and release to the maximum extent permissible under applicable law. 

e.  This Agreement may be executed and delivered by electronic execution and shall be deemed an original with legally binding signature(s). 

I affirm that I am at least eighteen (18) years of age and fully competent to sign this document I have read and understood the foregoing Waiver and Release of Liability and I understand that by agreeing here it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent, grossly negligent, or intentional act or omission.

I UNDERSTAND THAT BY SIGNING THIS FORM I AM WAIVING VALUABLE LEGAL RIGHTS.